Private Acts of 1931 Chapter 613

COMPILER'S NOTE: See Private Acts of 1955, Chapter 353, found in this volume, which
amends this act by authorizing the establishment of a Joint City-County Planning Commission.

SECTION 1. WHEREAS, By Chapter 162, of the Private Acts of the General Assembly
of 1921, it authorized and empowered all municipal corporations having a population in excess
of 160,000 inhabitants by the Federal Census of 1920, or by any subsequent Federal Census, to
provide for the establishment, government and maintenance of a City Planning Commission in
such municipalities, and to prescribe the powers and duties of such planning commissions, and to
vest in such commissions jurisdiction over all new subdivisions or re-subdivisions of land within
the corporate limits of such municipalities; and
WHEREAS, By Chapter 164, of the Private Acts of the General Assembly of 1921, An
Act was passed to provide for the approval by municipal authorities, within the population
classification aforesaid of plans, plots, or re-plots of lands lying within cities having a population
of 160,000 or over; and,
WHEREAS, By Chapter 165, of the Private Acts of the General Assembly of 1921
municipalities having a population in excess of 160,000 inhabitants by the Federal Census of
1920, or by any subsequent Federal Census, were authorized to provide for the establishment of
districts or zones within the corporate limits, and to empower such municipalities by ordinance
to regulate within such zones or districts, the use or uses of land, the height, the area, the size and
the location of buildings, the required open spaces for light and ventilation of such buildings and
the density of population, and for other purposes incident to the carrying out of said objects of
the police power; and,
WHEREAS, the General Assembly of 1925, by its several Acts hereinafter referred to
deemed the regulations insufficient to carry out, provide for and maintain the orderly growth of
cities within said population classification; and
WHEREAS, By Chapter 408, of the Private Acts of the General Assembly of 1925 it
undertook to regulate the conveyance of parcels of ground of less than two acres within the
corporate limits of a city of the above population classification or within five miles of such limits,
so as to prevent land speculators from selling off lots by metes and bounds without adequate
access to public streets; and
WHEREAS, By Chapter 409, of the Private Acts of the General Assembly of 1925, it
provided for the joint approval by city and county authorities of subdivision of plots of land
situated outside of but within five miles of the corporate limits of cities of the population
classification aforesaid; and
WHEREAS, By Chapter 405, of the Private Acts of the General Assembly of 1925, it
undertook among other things to provide for the regulation of the establishment of enlargement
of cemeteries, and to provide under certain contingencies for the joint approval of the location
thereof within such five miles zone by county and city authorities; and,
WHEREAS, The General Assembly of the State of Tennessee is advised and finds that
municipal corporations having a population in excess of 160,000 inhabitants by the Federal
Census of 1920, and subsequent censuses, have availed themselves of the powers granted by the
several Acts above mentioned, in order to preserve, protect and further the public safety, health,
prosperity, convenience, morals and general welfare of such municipalities; and
WHEREAS, the General Assembly is advised and finds that the cities having a
population in excess of 160,000 inhabitants by the Federal Census of 1920, or by any subsequent
Federal Census, have cooperated with the counties in which they are situated to carry out the
powers granted to them, and to the counties in which they are situated, to preserve, protect and
foster the general welfare; and,
WHEREAS, the General Assembly is advised and finds that there has been a rapid and
unprecedented growth in the past decade of cities of the population classification aforesaid, and
that there is likely to be a continued growth of such cities, so that from time to time said cities
will extend their corporate limits and jurisdiction into unincorporated territories adjacent and
contiguous thereto; and,
WHEREAS, the General Assembly is advised and finds that the presently authorized
exercise of the police power of the State, and that delegated to such cities and counties within the
unincorporated territory adjacent to the cities of the population classification aforesaid is
inadequate to protect, safeguard and foster the public health, safety, morals, welfare,
convenience and amenities within such zone or district, in view of the probability that such lands
will shortly be incorporated within the corporate limits and jurisdiction of such cities, and the
General Assembly being advised that it is to the manifest public interest and welfare that further
restrictions as to the uses of lands, the height, area, size and location of buildings, the required
open spaces for light and ventilation of such buildings and the density of population within such
areas should be further regulated to the end that the orderly growth of such cities, having in view
of the extension of public streets and highways, safety from fire and other hazards, provision for
recreation and education, and the extension of service of public utility corporations, such as
street railways, gas lines, telephone, sewers, water mains, etc., should be secured in order to
protect the public health, morals, safety, convenience and prosperity not only of the residents of
the cities of the population classification aforesaid, but of the people residing within the five
miles zone about such cities;

SECTION 2. (deleted)

As amended by: Private Acts of 2015, Chapter 17 

SECTION 3. (deleted)

SECTION 4 - 6. (deleted)

As amended by: Private Acts of 2015, Chapter 17 
 

SECTION 7. That in order to carry out the purposes of this Act, a County Planning
Commission is hereby created to be composed of the members of the Planning Commission of
any municipality within the population classification herein provided for, and the Board of
County Commissioners and Chairman of the Quarterly County Court of counties within the
population classification herein provided for, and before any plan for such five mile zone shall be
adopted, such County Planning Commission shall recommend boundaries or districts and
appropriate regulations to be enforced therein. Such commission shall make a tentative report
and hold public hearings thereon, at such times and places and upon such notice as it may fix,
before submitting its final report. Said legislative bodies shall not determine the boundaries of
any district, nor impose any regulations until after the final report of such County Planning
Commission.

After such final report is submitted to both legislative bodies as aforesaid, and final
adoption of regulations by each, said legislative bodies may, from time to time, amend,
supplement or change the boundaries or regulations so adopted, but not without consent of
each. Notice of the adoption of such amendment, supplement or change in the regulations, shall
be given by publishing such notice one time in some daily newspaper of general circulation in
the city of the population classification hereinbefore set forth within such county. Such notice
shall state the time and place, not earlier than ten days from date of publication, at which the
legislative bodies shall meet in joint session to hear remonstrances or protests against the making
of such amendment, supplement or change. At the time and place thus appointed, said legislative
bodies shall meet in joint session, and all persons whose property will be affected by such
amendment, supplement, or change, may appear in person or by attorney or by petition, and
protest against making of such amendment, supplement or change, and after hearing such
protests, if any, such legislative bodies, in the manner hereinbefore provided, may confirm,
modify or rescind such regulations in whole or in part. If, however, a protest against such
amendment, supplement or change be presented in writing to either legislative body, within ten
days from date of publication, duly signed and acknowledged by the owners of 20% or more of
any frontage proposed to be altered, or by the owners of 20% of the frontage immediately in the
rear thereof, or by the owners of 20% of the frontage directly opposite the frontage proposed to
be altered, such amendment, supplement or change shall not be passed except by a four-fifths
vote of each such legislative body.

In the event that any county coming within the provisions of this Act shall, under the
provisions of any Act enacted by this General Assembly or by any future General Assembly,
having a county planning commission having county wide jurisdiction, all the duties and powers
to be exercised and enjoyed by the county planning commission created under Section 7 of
Chapter 613 of the Private Acts of 1931, shall be exercised and enjoyed by the county planning
commission with county wide jurisdiction created under the provisions of any Act of this
General Assembly or of any future General Assembly.
Provided, however, that at any time a county and city so elects they may hold separate
sessions upon such terms and conditions as shall be set out in a resolution/ordinance specifying
the times, dates, and final disposition of matters, but such actions shall be "subject to
concurrence" by both entities.

SECTION 8. That the lawful use of a building existing at the time of adoption of
regulations under the provisions of this Act, which shall not be effective until the approval of
both legislative bodies as hereinbefore provided for, although such use does not conform to the
provisions of such regulations, may be extended throughout the building, provided no structural
alterations except those required by the law are made therein.
Where no structural alterations are made in a building of a non-conforming use, such use
may be changed to a use of a similar or higher classification, according to the provisions of the
regulations adopted under the authority of this Act.

The lawful use of premises existing at the time of adoption of the regulations under the
provisions of this Act, although such use does not conform to the provisions thereof, may be
continued; but if such non-conforming use is discontinued, any future use of said premises shall
be in conformity with the provisions of the regulations adopted pursuant to the authority of this Act.
Where structural alterations are made in a building of non-conforming use, such building
shall be changed in conformity with the provisions of the regulations adopted under the authority
of this Act, for the district in which such building is located. When the boundary line of any
such district divides a parcel of ground in common ownership, at the time of the adoption of the
regulations under the provisions of this Act, nothing herein contained shall be construed to
prevent the extension of the use existing on either portion of ground to the entire parcel, but for a
distance of not greater than twenty-five feet.

Nothing in this Act shall be taken to prevent (a) the erection of a building for which a
permit shall have been issued previous to the final adopting of regulations under the provisions
of this Act; (b) the restoration of a building destroyed to the extent of not more than 75% of its
reasonable value, by fire, explosion, an act of God or the public enemy, and the occupancy or use
of such building or part thereof, it such use existed at the time of such partial destruction; (c) the
restoration of a wall declared unsafe by any officer thereunto duly authorized.

SECTION 9. (deleted)

SECTION 10. (deleted)

As amended by: Private Acts of 2015, Chapter 17 

SECTION 11. That there is hereby created a County Board of Adjustment which shall
consist of seven members of which number the Chairman and Secretary of the Board of County
Commissioners, the Chairman of the Quarterly County Court and the Chairman of the Board of
Adjustment of any city, within the population classification above referred to, and duly
appointed and elected in pursuance of the provisions of Chapter 428, of the Private Acts of the
General Assembly of 1925 shall be ex-officio members. The remaining three members of said
Board shall be chosen and elected by resolution of the legislative body of such city within such
county, one of whom shall be elected for one, another for two and the last for three years. And
after appointment of the first Board the members other than ex-officio members shall be
appointed for terms of three years each, and it shall be no objection to the validity of the
organization of the County Board of Adjustment that the term of any member of the City Board
of Adjustment other than the chairman thereof, shall have expired. Vacancies in the membership
of the County Board of Adjustment, other than the ex-officio members, shall be filled for the
unexpired term of the vacant member by the legislative body of such municipality. All members
of the Board, other than the ex-officio members, shall be removable for cause by the appointing
authority upon written charges and after hearing.

In the event that any county within the population classification of this Act, shall,
pursuant to an Act of the General Assembly of the State of Tennessee, have a county board of
adjustment with county wide jurisdiction, then the board of adjustment created by Section 11 of
said Act shall be composed of the chairman of the Quarterly County Court, the chairman of the
board of commissioners of such county, the chairman of the board of adjustment of any
municipality in said county having a population in excess of 160,000 inhabitants by the federal
census of 1930, or any subsequent federal census, all of whom shall be ex-officio members of
said board of adjustment; and four other members, three of whom are to be chosen from among
the members of such city board of adjustment by the legislative body of such municipality, the
other to be appointed by the Quarterly County Court from among the members of the County
board of adjustment. Said board shall have the right to adopt a name which shall be distinctive
so that said board shall not be confused with any other county or city board of adjustment. The
members of said board of adjustment, and the board as such, shall have, exercise and enjoy all
the powers, duties, liabilities and privileges set out in said Chapter 613 of the Private Acts of 1931.

Said city and county legislative bodies shall have power to appropriate monies to pay for
clerical help and other necessary expenses of such Board, but no member thereof shall receive
any compensation for his services.

The Board shall elect its own chairman, who shall serve for one year, and shall elect its
Secretary, who may or may not be a member thereof, and who may receive such compensation
as may be fixed by the joint action of the legislative bodies of such city and county; provided,
however, that said Board of Adjustment may designate and appoint the Secretary of the City
Board of Adjustment as the Secretary, and who shall hold office at the will and pleasure of the
Board, whose compensation shall be fixed by the County Board of Adjustment subject to the
approval of the county and city legislative authorities aforesaid.
The Board shall adopt rules in accordance with the provisions of any regulations adopted
pursuant to this Act, and may adopt any not in conflict with the provisions of such regulations or
with the provisions of this Act. Meetings of the Board shall be held at the call of the chairman
and at such other times as the Board may determine, but said Board shall meet not less than once
each month. The Chairman, or in his absence, the acting Chairman, may administer oaths and
compel the attendance of witnesses. 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 shall keep records of its
examinations and other official actions, all of which shall be immediately filed in the office of
the Board and shall be a public record.

Appeals to the Board of Adjustment may be taken by any person aggrieved or by any
officer, department, board of bureau of the city or county affected by any decision of the County
Building Commissioner, or other administrative officer. Such appeal shall be taken within five
days, by filing with the officer from whom the appeal is taken and with the Board of Adjustment
a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken
shall forthwith transmit to the Board all the papers constituting the record upon which the action
appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of
appeal shall have been filed with him that by reason of facts stated in the certificate a stay would,
in his opinion, cause imminent peril to life and property. In such case proceedings shall not be
stayed otherwise than by a restraining order which may be granted by the County Board of
Adjustment or by a Court of Record on application on notice to the officer from whom the
appeal is taken and on due cause shown.

Said County Board of Adjustment shall fix a reasonable time for the hearing of the appeal,
and decide the same within a reasonable time.
Said Board of Adjustment shall have the following powers:

1. To hear and decide appeals where it is alleged there is error in any order, requirement,
decision, or determination made by an administrative official in the enforcement of this Act or of
any regulation adopted pursuant thereto.
2. To hear and decide all matters referred to it upon which it is required to pass under
such regulations.
3. In passing upon appeals, where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of such regulations, to vary or modify the
application of any of the regulations passed pursuant to this Act, relating to the use, construction
or alteration of buildings or structures or the use of land so that the spirit of the regulations and
this Act shall be observed, the public health, safety, morals, convenience and welfare secured
and substantial justice done.

In exercising the above mentioned powers such Board may, in conformity with the
provisions of this Act, reverse or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination appealed from and may make such order, requirement, decision, or
determination as ought to be made, and to that end shall have all the powers of the officer from
whom the appeal is taken.

The concurring vote of five-sevenths of the members of the Board shall be necessary to
reverse any order, requirement, decision or determination of any such administrative official, or
to decide in favor of the applicant on any matter upon which it is required to pass under any such
regulations, or to effect any variation in such regulations.
Any person or persons, jointly or severally, aggrieved by any decision of the County
Board of Adjustment, may present to the Circuit Court of such county a petition for certiorari,
duly verified, setting forth that such decision is illegal, in whole or in part, specifying the
grounds of the illegality. Such petition shall be presented to the Court within thirty days after the
filing of the decision of the Board.

Upon presentation of such petition the Circuit Court may allow a writ of certiorari
directed to the County Board of Adjustment a review its decision, and shall prescribe therein the
time within which a return thereto must be made, which shall not be less than ten days and may
be extended by the Court. The allowance of the writ shall not stay the proceedings upon the
decision appealed from, but the Court may, on application, and on notice to the Board and on due
cause shown, grant a restraining order, or supersedeas, on such conditions as it may fix.

The County Board of Adjustment shall not be required to return the original papers acted
upon by it, but it shall be sufficient to return sworn copies thereof or of such portion thereof as
may be called for by the writ. The return shall concisely set forth such other facts as may be
pertinent and material to show the grounds of the decision appealed from and shall be verified.
If upon the hearing, it shall appear to the Court that testimony is necessary for the proper
disposition of the matter, it may take additional evidence or appoint a referee to take such
evidence as it may direct and report same to the Court with his findings of fact and conclusion of
law, which shall constitute a part of the proceedings upon which the determination of the Court
shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision
brought up for review, or may remand the matter to the County Board of Adjustment for further
proceedings under such orders and directions as it may make.

All issues in any proceeding under this Section shall have preference over all other civil
actions and proceedings except such as may be given prior preference by other provisions of law.

SECTION 12. (deleted)

SECTION 13 - 14. (deleted)

As amended by: Private Acts of 2015, Chapter 17 

SECTION 15. That should any Section or provisions of this Act, of the regulations
adopted pursuant to the authority hereof be held to be unconstitutional or invalid, the same shall
not affect the validity of this Act, or of such regulations, as a whole or any part thereof, other
than the part so held to be unconstitutional.

SECTION 16. That this Act take effect from and after its passage, the public welfare
requiring it.

Passed: June 25, 1931.