§ 6.60. Board of zoning appeals.

6.60.01. Establishment; membership; terms of office. The establishment of a board of zoning appeals to be known as the Knox County Board of Zoning Appeals and hereafter referred to by the word, "board," is hereby authorized. Such board shall consist of nine (9) members appointed by the county commission. The members of the board of zoning appeals shall occupy seats hereinafter denominated as one (1) through nine (9), with each member residing in one (1) of the nine (9) county commission districts that they represent, such that no district will have more than one (1) board member. The term of office shall be for two (2) years. The terms of those members representing the first, third, fifth, seventh and ninth districts shall expire on September 30, 2010, and shall be refilled by act of the county commission during its regular September meeting. Thereafter, the terms of the members representing the second, fourth, sixth and eighth districts shall expire on the following September 30 and shall be refilled by the county commission during the regular September meeting. All new terms of office shall begin on October 1. Members of the board serving as of the effective date of this ordinance shall continue to serve until their terms are affected by these requirements. Members of the board of zoning appeals shall hold no other appointed or elected public office in the county. The county commission may remove any member for cause upon written charges and after a public hearing.

6.60.02. Meetings; minutes; records. The board shall meet at the call of the chairman, and at such other times as the board may determine, at a fixed time and place. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. It shall have power to call on any other county department for assistance as may be reasonably required. In the case of all appeals, the board shall call upon the metropolitan planning commission for all information pertinent to the decision appealed from.

6.60.03. Powers of the board of zoning appeals.

A.

The board shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official.

B.

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this ordinance, the board shall have the power, in passing upon appeals, to authorize such variance from the terms of this ordinance as will not be contrary to the public interest in conforming with the standards set forth in subsection 6.60.04, "Variances," of this article.

C.

To hear and decide in accordance with the provisions of article 4, "Supplementary regulations," section 2, "Development standards for uses permitted on review," and article 6, "Administration, enforcement and interpretation," section 6.50, "Procedure for authorizing uses permitted on review," of this ordinance, appeals from the metropolitan planning commission of decisions regarding use-on-reviews.

D.

To hear and decide, in accordance with the provisions of article 3, "General provisions," subsection 3.11.04 of this ordinance, requests for interpretation of the zoning map.

E.

To call on any department for assistance in its duties; and it shall be the duty of such department to render all such assistance as may reasonably be required.

F.

To compel attendance of witnesses at hearings and to administer oaths.

G.

To hold at least one (1) scheduled meeting per month and give notice of such meeting as required by law.

6.60.04. Variances. The purpose of the variance is to modify the strict application of the specific requirements of this ordinance in the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship which would deprive an owner of the reasonable use of their land. The variance shall be used only where necessary to overcome some obstacle which is preventing an owner from using their property as the zoning ordinance intended.

A.

Standards for variances. In granting a variance, the board shall ascertain that the following criteria are met:

1.

Variances shall be granted only where special circumstances or conditions such as exceptional narrowness, topography, or siting fully described in the findings of the board, do not apply generally in the district.

2.

Variances shall not be granted to allow a use otherwise excluded from the particular zone in which requested.

3.

For reasons fully set forth in the findings of the board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this ordinance would deprive the applicant of any reasonable use of their land. Mere loss in value shall not justify a variance; there must be a deprivation of beneficial use of land.

4.

Any variance granted under the provisions of this section shall be the minimum adjustment necessary for the reasonable use of the land.

5.

The granting of any variance is in harmony with the general purposes and intent of this ordinance and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the comprehensive plan for development.

B.

Requirements for granting a variance. Before the board shall have the authority to grant a variance, the person claiming the variance has the burden of showing:

1.

That the granting of the variance will not be contrary to the public interest.

2.

That the literal enforcement of the ordinance will result in unnecessary hardship.

3.

That by granting the variance contrary to the provisions of the ordinance the spirit of the ordinance will be observed.

4.

That by granting the variance, substantial justice will be done.

6.60.05. Cases before the board.

A.

Every appeal or application shall be made to the board on a form which may be secured at the office of code administration. The procedure for appeals shall be as follows:

1.

A written appeal shall be filed with the board through the office of code administration by the party aggrieved by any order or decision of the building inspector or metropolitan planning commission. Said appeal shall be accompanied by accurate plans and specifications of the proposed work showing also the plot of land to be built upon, together with the placement of proposed building(s) and all other existing or proposed structures.

2.

Every appeal shall be taken within thirty (30) days from the date of the action causing such appeal.

3.

A fee, to be established by the board, due and payable at the time of appeal, shall be paid to the office of code administration, as agent for the board, to cover the cost of notices and other expenses incidental to the hearing.

4.

At the public hearing of the case before the board, the appellant shall appear in their own behalf or be represented by counsel or agent. The appellant's side of the case shall be heard first and those in opposition shall follow.

B.

Upon receipt in proper form of any such appeal or application, the board shall post such appeal or application, together with maps and the accompanying data in its office for public inspection, for a period of not less than one (1) week, and shall hold a public hearing thereon. The board may also adopt regulations requiring notice by personal service or registered mail by the building inspector to property owners within any reasonable radius of the proposed development that the board may determine.

6.60.06. Court review of the board.

A.

Any person, firm or corporation aggrieved by any decision of the board may present to a court of competent jurisdiction a petition fully verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of illegality.

B.

Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board. Such petition shall not be filed with respect to the decision of the office of code administration or any administrative officer without recourse to the board of zoning appeals.

(Ord. No. O-10-5-102, § 1, 6-28-10; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)