Throughout the project, we’ll post questions and comments that have been submitted on comment cards collected at community meetings, sent via email or submitted via the website.

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Zoning

I would like to suggest making the entire street from 804-840 N 4th Ave, Knoxville, TN 37917 to have C-N zoning, considering this seems the designation most of the street is being recoded to. With the current mixed zoning of industrial, commercial, and office all on the same street from the highway being put in beside the street, several buildings that are being recoded as residential are currently used commercially. For example, 820 N 4th has for some time been a bar/club/restaurant with a parking lot next door. Also, 817 N 4th is a parts business, whose building would be very difficult to use residentially. In fact, there are actually only two houses on the street that are being used purely as a residential home. Switching some of the street to residential will benefit far fewer houses considering the past allowable uses of the street. By making all C-N, it allows the mixed commercial use that has been established and would greatly help continue the improvements the street has been under in recent months. Thanks

Staff Reply:

Wireless Towers

Well, with all these changes to the zoning and coding, this should make it easier for the City to put up those ugly, radiation-inducing, "cell" towers that they plan to roll out for 5G. Be prepared citizens of Knoxville, they will be everywhere and there will be no escaping them. We - humans, animals, insects, and plant life will be fried. People will be getting sick from the electromagnetic radiation EVERYWHERE. With all these changes, I'm sure somewhere in all the wording, it will be legal for them to put one in your yard. I see a class action lawsuit in the future!

Staff Reply:

Typo On This Page

There is at typo on the submission page, "Use can this form to submit a comment or question for the project staff or send an email directly to recode@knoxplanning.org."

Staff Reply:

Tree Mitigation Bank

We think it's important that Knoxville's zoning code includes a provision for a Tree Mitigation Bank. This Bank would garner additional funds for the COK to use for landscaping on public property. It would also level the playing field by insuring that all developers were responsible for the same costs for equivalent development. We propose the following amendment be added to Article 12. LANDSCAPE

12.10 TREE MITIGATION BANK

The Tree Mitigation Bank is established as an alternative to maintaining or planting required trees and landscaping as specified in the Tree Protection Ordinance and in Article 12 of the zoning ordinance. Costs will accrue to the applicant to the degree it is not possible to maintain, replace or plant required trees and landscaping. The Tree Mitigation Bank provides a method of compliance in circumstances when the on-site maintenance and planting of required trees and landscaping is not possible due to site constraints, or for the mitigation of violations.

Funds paid into the Tree Mitigation Bank will be used for the sole purpose of planting trees and landscaping on public grounds and rights-of-way. The City of Knoxville urban forester will administer the account and determine when and where trees and landscaping are to be planted.

A.  When a strict application of the landscaping requirements or the use of an Alternative Landscape Design would require unreasonable compliance, an applicant may request  permission to contribute to the Tree Mitigation Bank instead. Such situations could include water features, topography, lot configurations, utility maintenance zones, or unusual site conditions.

B.  To use the Tree Mitigation Bank, the applicant must submit a Tree Mitigation Bank request that includes a list of landscaping requirements unable to be met and the specific reasons why they cannot be met. The request must be submitted to and approved by the Administrative Review Committee. The Administrative Review Committee will determine the extent to which requirements cannot be met and contributions to the Tree Mitigation Bank can be substituted.

C.  Final permission to contribute to the Tree Mitigation Bank requires the Zoning Administrator's approval concurrent with the application process for the development.
 
D.  Required contributions are based on current economics and can be determined by referring to.... on the City of Knoxville website.

Prepared by:
Scenic Knoxville
Trees Knoxville
The City of Knoxville Tree Board
The Knoxville Chapter of the American Society of Landscape Architects
Sierra Club, Harvey Broome Group

Also endorsed by:
Town Hall East
Forest Heights Neighborhood Association
Community Forum
The Bearden Village Council
The Riverside 1 Condos
Historic Fourth and Gill Neighborhood Organization
Kingston Pike Sequoyah Hills Neighborhood Association
Alice Bell Spring Hill Neighborhood Association
League of Women Voters of Knoxville and Knox County
RiverHill Gateway Neighborhood Association

Staff Reply:

Support For Wrapping Up Recode

Hello All,

I want to express thanks to the City of Knoxville and Knoxville-Knox County Planning, as well as Camiros and the Stakeholder Advisory Committee, for undertaking the long and complicated process of updating our zoning code. I believe leadership on the process has operated in good faith and with transparency, reaching out to the public and gaining as much public input as is possible over the past 27 (?) months. I have attended several of the meetings. I have witnessed the City Council, City staff, and Planning staff take and respond to many citizen questions and concerns. That we have just completed reviewing the 5th ordinance draft and are currently reviewing the 4th map draft is a testament to the process and the effort that leaders are making to get this right, while at the same time acknowledging that it will be a living document. The revisions to drafts and maps result from community feedback and many people have engaged in the process. While it must be true that not every parcel owner in the City is aware of the Recode process, it is also likely true that many of the parcel owners have never paid attention to their zoning at all and will continue not to. That doesn't mean the process has been any less valuable and effective.

I hope that the ordinance will be approved before our City elections are held. I support the increased allowance of ADUs and appreciate that, in general, different neighborhoods have not been provided differing rights or privileges. I support the application of the Hillside and Ridgetop Protection Plan being widely applied across zones, and not only applying to residential zones. This is necessary to help control the effects of severe weather events. I support the greater diversity of development this zoning update would allow and encourage, particularly relating to transportation corridors where greater density and mixed-use structures are desirable.

Thank you for your efforts and for listening to our comments.

Staff Reply:

Support

I support keeping the Accessory Dwelling Unit and Hillside Protection regulations in the new zoning ordinance. 

Staff Reply:

Statement Under Every Residential Neighborhood Districts

What is the definition of this statement: "Limited nonresidential uses that are compatible with the character of the district may also be permitted.". This is under every single residential neighborhood district listed. Is this how the City is going to get around the roll-out of 5G small cell antennas in all the neighborhoods. Is it a coincidence that the City has decided to recode all of Knoxville right at the same time that 5G is being deployed?

THOUSANDS OF MINI CELL TOWERS TO BE BUILT IN FRONT OF HOMES
5G will require the buildout of literally hundreds of thousands of new wireless antennas in neighborhoods, cities and towns. A cellular small cell or other transmitter will be placed every two to ten homes according to estimates. The purpose of this massive infrastructure build out of small cells, distributed antennae systems and microcells is to increase range and capacity in populated urban areas and prepare for the future 5G rollout. 5G frequencies will utilize higher frequencies that do not travel as far as the lower frequencies.
US state and federal governments are moving forth regulations which would make the right of way in front of homes as available sites for 5G transmitters - without consent of the property owners. In response, communities are protesting en mass as they do not want these transmitters built in front of their homes and communities want to be able to regulate the placement on right of ways.  Some municipalities are taking the case to the courts with litigation.
5G WILL USE HIGHER ELECTROMAGNETIC FREQUENCIES
5G will utilize multiple frequencies from those currently in use for cell phones and wireless to higher millimeter frequencies.
Today's cellular and Wi-Fi networks rely on microwaves - a type of electromagnetic radiation utilizing frequencies up to 6 gigahertz (GHz) in order to wirelessly transmit voice or data. However, 5G applications will require unlocking of new spectrum bands in higher frequency ranges above 6 GHz to 100 GHz and beyond, utilizing submillimeter and millimeter waves - to allow ultra-high rates of data to be transmitted in the same amount of time as compared with previous deployments of microwave radiation. Each carrier will use a different set of frequencies.  
This will be worse than living next to a cell phone tower!

Staff Reply:

The limited non-residential uses permitted in residential districts include kindergartens, schools, and places of worship. The standards for wireless telecommunications facilities are found in section 9.3.FF and are those adopted by City Council approximately one year ago.

Statement Under Every Residential Neighborhood Districts

What is the definition of this statement: "Limited nonresidential uses that are compatible with the character of the district may also be permitted.". This is under every single residential neighborhood district listed. Is this how the City is going to get around the roll-out of 5G small cell antennas in all the neighborhoods. Is it a coincidence that the City has decided to recode all of Knoxville right at the same time that 5G is being deployed? 

THOUSANDS OF MINI CELL TOWERS TO BE BUILT IN FRONT OF HOMES
5G will require the buildout of literally hundreds of thousands of new wireless antennas in neighborhoods, cities and towns. A cellular small cell or other transmitter will be placed every two to ten homes according to estimates. The purpose of this massive infrastructure build out of small cells, distributed antennae systems and microcells is to increase range and capacity in populated urban areas and prepare for the future 5G rollout. 5G frequencies will utilize higher frequencies that do not travel as far as the lower frequencies.
US state and federal governments are moving forth regulations which would make the right of way in front of homes as available sites for 5G transmitters – without consent of the property owners. In response, communities are protesting en mass as they do not want these transmitters built in front of their homes and communities want to be able to regulate the placement on right of ways. Some municipalities are taking the case to the courts with litigation.
5G WILL USE HIGHER ELECTROMAGNETIC FREQUENCIES
5G will utilize multiple frequencies from those currently in use for cell phones and wireless to higher millimeter frequencies.
Today’s cellular and Wi-Fi networks rely on microwaves – a type of electromagnetic radiation utilizing frequencies up to 6 gigahertz (GHz) in order to wirelessly transmit voice or data. However, 5G applications will require unlocking of new spectrum bands in higher frequency ranges above 6 GHz to 100 GHz and beyond, utilizing submillimeter and millimeter waves – to allow ultra-high rates of data to be transmitted in the same amount of time as compared with previous deployments of microwave radiation. Each carrier will use a different set of frequencies.
This will be worse than living next to a cell phone tower!

Staff Reply:

 

The limited non-residential uses permitted in residential districts include kindergartens, schools, and places of worship. The standards for wireless telecommunications facilities are found in section 9.3.FF and are those adopted by City Council approximately one year ago.

Small Lots Of Record

Is there no longer a provision for Small Lots of Record in ReCode? If I want to build on a nonconforming lot (i.e. RN-4 with <50' lot width) would I need to seek a variance?

Staff Reply:

Yes. You would need to seek a variance.

Single Wide Manufactured Homes Taxation

Does Camiros realize that Tennessee TAXES ALL mobile homes, even those on LEASED land (such as in mobile home parks), as IF they were single family dwellings on permanent foundations? They are NOT licensed.

That might help. I would THINK that zoning regs and codes would need to conform seamlessly with taxing regs, especially property taxing regs.

Staff Reply:

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