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Knoxville BZA upholds zoning administrator's religious-use finding for CareCuts, denies appeal
Summary
The City Board of Zoning Appeals denied an appeal challenging a zoning administrator's determination that CareCuts' services at 5200 Clinton Highway qualify as a religious land use protected under federal and state law, ruling the board's role is to uphold or overturn that administrative determination rather than grant special-use approvals.
The Knoxville Board of Zoning Appeals on Thursday denied an appeal of the zoning administrator's decision that CareCuts' proposed services at 5200 Clinton Highway qualify as a religious land use and are entitled to protections under the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Tennessee Religious Freedom Restoration Act.
Chair Amy Sherrill called the matter after staff summarized the appeal and noted both the zoning administrator and the city attorney would be available to address federal and state law. Appellant David Hamilton, an attorney representing nearby property interests, argued the zoning administrator had no authority to treat the request as a religious exemption while a separate special-use application remained pending before the Planning Commission. "He had no authority to consider what was before him," Hamilton said, urging the board to refuse the exemption on procedural and ordinance-based grounds.
Ben Mullins, representing the applicant CareCuts, told the board the organization's bylaws and public materials show a religious mission to serve people experiencing homelessness, including worship and Bible study, and said that under federal and state precedent corporations and nonprofits can obtain religious protections. "This organization came together to provide services for the homeless because they had a religiously motivated intent and desire to do good in the community," Mullins said.
Board members pressed staff and the city's legal advisor on the scope of the board's review. The city attorney explained that RLUIPA and state law can preempt conflicting local code and that the board's role in this hearing is limited to deciding whether to overturn the zoning administrator's determination; it is not the body that grants special-use permits. Staff clarified that the administrator's ruling so far allows the proposed use to be treated without special-use approval but does not waive other zoning standards such as parking or traffic requirements, which remain subject to later review.
After discussion, a board member moved to deny the appeal, which would allow the zoning administrator's decision to stand; another member seconded the motion. The chair called the voice vote and announced the appeal was denied.
Why it matters: If a use is found to be a protected religious land use under federal or state religious-freedom statutes, local special-use procedural requirements may not apply in the same way; instead, review focuses on whether applying those requirements would substantially burden a religious exercise. The board's decision leaves the administrator's determination intact; related site issues such as parking, traffic and any zoning variances remain subject to the usual review and permitting process.
The board did not detail a numerical roll-call tally in the record beyond the voice vote; the chair announced the appeal had been denied. The Planning Commission hearing on related special-use matters was already scheduled for later that day, staff said.
