Private Acts of 1935 Chapter 625

SECTION 1. Grant of Power. - The Quarterly County Court (hereinafter designated legislative body) of any county in this state having a population of 300,000 or more inhabitants by the Federal Census of 1930, or by any subsequent Federal Census, is hereby empowered, in accordance with the conditions and the procedure specified in the subsequent sections of this Act, to regulate in the unincorporated portions of such county the location, height, bulk, number of stories, and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water-supply conservation, or other purposes.

SECTION 2. Zoning Plan and Ordinance.-From and after the time when the county planning commission of any county makes and certifies to the legislative body of such county a zoning plan, including both the full text of the zoning ordinance and maps, and representing the recommendations of the commission for the regulation by districts or zones of the location, height, bulk, number of stories, and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces, the density and distribution of population, the location and uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, or other purposes, then said legislative body may by resolution, exercise the powers granted to it in section one of this Act and, for the purpose of such exercise, may divide the unincorporated territory of such county into districts or zones of such number, shape, and area as it may determine, and within such districts may regulate the erection, construction, reconstruction, alteration, and uses of buildings and structures and the uses of land. All such regulations shall be uniform for each class or kind of buildings throughout any district, but the regulations in one district may differ from those in other districts. The planning commission may make and certify a single plan for the entire unincorporated portion of the county, or separate and successive plans for those parts which it deems to be urbanized or suitable for urban development and those parts which, by reason of distance from existing urban communities or for other causes, it deems suitable for nonurban development; and any ordinance enacted by the legislative body may cover and include the unincorporated territory covered and included in any such single plan or in any such separate and successive plans. No resolution covering more or less than the territory covered by any such certified plan shall, however, be enacted or put into effect until and unless it be first submitted to the planning commission which had certified the plan to the legislative body and be approved by said body or, if disapproved, receive the favorable vote of not less than two-thirds of the entire membership of said body. Provided however, the legislative body may by resolution provide for approval of planned developments on parcels of not less than three (3) acres in which the heights, areas, densities and uses may be as set out on a recordable plat although they may not be uniform with those in the district in which located. Such a plan shall first be submitted to and a recommendation made by the Planning Commission. Such plats shall show the street and road patterns, dedications, if any, set-backs, heights, density, uses, building separation, open areas and screenings as proposed by the applicant and their conformity with standards set by the Planning Commission as approved by the legislative body, so as to carry out the intention of the applicable zoning resolutions and preserve the character of the neighborhood. Upon approval and enactment by the legislative body such conditions shall be binding upon the applicant/owner until relieved by amendment or repeal. Building permits may be issued in accordance with the approved plan even though more than one structure is to be located thereon.

SECTION 3. Purposes of Zoning Regulation. - Such regulations shall be designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the State of Tennessee, including, amongst other things, lessening congestion in the streets or roads or reducing the wastes of excessive amounts of road; securing safety from fire and other dangers; providing adequate light and air; preventing, on the one hand, excessive concentration of population and, on the other hand, excessive and wasteful scattering of population or settlement; promoting such distribution of population and such classification of land uses and distribution of land development and
utilization as will tend to facilitate and conserve adequate provisions for transportation, water flowage, water supply, drainage, sanitation, educational opportunity, recreation, soil fertility, food supply, and the protection of both urban and non-urban development.

SECTION 4. Method of Procedure. - After receiving the certification of a zoning plan from the planning commission and before the enactment of any such zoning ordinance, the legislative body shall hold a public hearing thereon, of the time and place of which at least ten (10) days' notice shall be given by one publication in a newspaper of general circulation in the county. Such notice shall state the place at which the text and maps as certified by the planning commission may be examined. No change in or departure from the text or maps as certified by the county shall be made, unless such change or departure be first submitted to the certifying planning commission for its approval, disapproval, or suggestions, and, if disapproved, shall
receive the favorable vote of not less than two-thirds of the entire membership of the legislative body; and the planning commission shall have thirty (30) days from and after such submission within which to send its report to the legislative body.
 

SECTION 5. Amendments. - The legislative body may from time to time amend the number, shape, boundary, or area of any district or districts, or any regulation of or within such district or districts, or any other provision of the zoning ordinance; but any such amendment shall not be made or become effective unless the same shall have been proposed by or be first submitted for approval, disapproval, or suggestions to the county commissions which had originally certified the zone plan; and, if disapproved by such commission within thirty (30) days after such submission, such amendment, to become effective, shall receive the favorable vote of not less than two-thirds of the entire membership of the legislative body. Before finally adopting
any such amendment, the legislative body shall hold a public hearing thereon, at least ten (10) days' notice of the time and place of which shall be given by at least one publication in a newspaper of general circulation in the county.
 

SECTION 6. - For every county which enacts zoning regulations under the authority of this Act there is hereby created a county board of adjustment which shall consist of seven (7) members of which the chairman of the Board of County Commissioners, and the chairman of the Quarterly County Court shall be ex-officio members. The remaining five (5) members of said board shall be chosen and elected by resolution of the legislative body of the county, two of which shall be elected for one year, two for two years, and the fifth for three years. After the appointment of the first board the members, other than ex-officio members, shall be appointed for terms of three years each. Vacancies in the membership of the county board of adjustment, other than ex-officio members, shall be filled for the unexpired term of such member by the legislative body of the county. All appointive members of the board shall be removable for cause by the appointing authority upon written charges and after hearing. 

No member of such board shall receive compensation for his services but county legislative bodies of such counties are hereby authorized and empowered to appropriate moneys to pay for clerical help and other necessary expenses of such board. 

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 body of such county. 

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 county affected by and decision of the County Building Commissioner, or other administrative officer. Such appeal shall be taken within five (5) days by filing with the officer from whom the appeal is taken a written appeal or application for variation from the strict requirements of the zoning resolution, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board of 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 thereof.

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 in 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 four 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 (30) 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 to review its decision, and shall prescribe therein the time within which a return thereto must be made, which shall not be less than ten (10) 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 is 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 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 of other provisions of law.

a. Whenever it becomes known that one of the regularly appointed members of said
Board of Adjustment will be unable to attend any public hearing, the Chairman of the Quarterly
County is authorized to name a replacement to serve in the place and stead of the absent member,
with full power to vote and exercise all the rights and responsibilities of the absent member, for
such time as the Chairman of the Quarterly County Court shall specify in writing to the
Chairman or Acting Chairman of said Board of Adjustment, but such authority shall expire upon
the appearance of such absent member at any public hearing or upon notification in writing to the
Chairman of the Quarterly County court that the absent member has returned and is available to
serve. All matters acted upon by said Board of Adjustment with such temporary replacement
participating shall be of full value and effect as if said regular member was in fact present and
participating.

SECTION 7. Building Commissioner. - The legislative body may provide for the enforcement of the zoning regulations by means of the withholding of building permits, and, for such purpose, may establish and fill a position of county building commissioner and may fix the compensation attached to said position. From and after the establishment of such position and the filing of the same, it shall be unlawful to erect, construct, reconstruct, alter, or use any building or other structure within the unincorporated territory covered by such zoning regulations without obtaining a building permit from such county building commissioner, and such building commissioner shall not issue any permit unless the plans of and for the proposed erection, construction, reconstruction, alteration, or use fully conform to all zoning regulations then in effect.
 

SECTION 8. Other Enforcement and Remedies. - In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained, or used, or any land is or is proposed to be used in violation of this Act or of any regulation or provision enacted or adopted by any legislative body under the authority granted by this Act, such body, the attorney of the county, the county building commissioner, planning commission or other board or officer, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action, actions, proceeding, or proceedings to prevent or enjoin or abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance, or use.

SECTION 9. Any person, firm or corporation violating any of the provisions of this Act, or of any of the regulations established pursuant to the authority hereof, shall be guilty of a misdemeanor, and shall be fined not less than $5.00, nor more than $50.00, for each offense. Each day that any violation of any of such provisions or regulations shall continue shall be deemed a separate offense. Violations of the provisions of this Act or of any of the regulations lawfully adopted pursuant thereto shall be deemed to come under the provisions of the small offense law, and Justices of the Peace and committing Magistrates of the county shall be held to have jurisdiction to hear and try persons accused of violations thereof.

SECTION 10. Conflict with Other Laws. - Wherever the regulations made under authority of this Act require a greater width or size of yards, courts, or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute, the provisions of the regulations made under authority of this Act shall govern. Wherever the provisions of any other statute or regulation or resolution of the legislative body require a greater width or size of yards, courts, or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the
regulations made under authority of this Act, the provisions of such statute, regulation or resolution shall govern.

SECTION 11. Definitions. - For the purpose of this Act, "unincorporated" means situated outside of cities, towns and municipal corporations organized under any general or special Act of the General Assembly of the State of Tennessee, so that when used in connection with "territory", "areas", or the like, it covers, includes and relates to territory or areas which are not within the boundary of any city, town or municipal corporation.
 

SECTION 12. Should any section or provision of this Act, or of the regulations adopted pursuant to the authority hereof be held to be unconstitutional or invalid, the same shall not effect 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 13. That this Act take effect from and after its passage, the public welfare requiring it.

Passed: April 18, 1935.