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Board of Zoning Appeals

Reference Number: CTAS-612

The county legislative body is authorized to create a board of zoning appeals to make special exceptions to zoning regulations, assist in settling boundary line disputes, interpret zoning maps, and consider similar questions.  T.C.A. §§ 13-7-106 through 13-7-109.  The county legislative body appoints three, five, seven or nine regular members of the appeals board, along with one or more associate members who can sit for regular members under some temporary disability.  A joint board of zoning appeals may be appointed by two or more counties. Compensation and length of terms are determined by the county legislative body within certain statutory guidelines.  Vacancies are filled for the unexpired term and in the same manner as the original appointments.  The county legislative body may remove any member for cause upon written charges and after a public hearing. T.C.A. § 13-7-106.  

The county legislative body must provide and specify, in its zoning or other ordinance, general rules to govern the organization, procedure, and jurisdiction of the board of appeals. The board may adopt supplemental rules of procedure. The general and supplemental rules of procedure must require: 
 
(i) Maintenance of a record of the board's proceedings, including resolutions, transactions, motions, and actions, which are public records;
(ii) Election from its membership of a chair and other officers as the board deems necessary; and
(iii) The presentation of relevant proof by parties to the proceedings; and
 
May address the inclusion of statements of reasons for the board's actions as part of each motion or action, including such findings of fact and statements of material evidence as the board may deem pertinent.  T.C.A. § 13-7-107.
 
The zoning ordinance may provide that the board of appeals may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. The county legislative body may also authorize the board of appeals to interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions as they arise in the administration of the zoning regulations. T.C.A. § 13-7-107.
 

Under T.C.A. § 13-7-108, grants or denial of a building permit be in writing and include information of the right to appeal the decision to the board of zoning appeals. Under T.C.A. § 13-7-109, the board must inform parties of their right to seek judicial review of the board’s decisions pursuant to Title 27, Chapter 9.

Land use decisions made by the board of zoning appeals, other than variances, must be consistent with the regional plan if the county legislative body adopts the general regional plan in the form of a resolution. T.C.A. § 13-3-304.