reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 3 - REGIONAL PLAN (§§ 13-3-301 — 13-3-304) › Section 13-3-303 - Procedure of commission in adopting plan

A regional planning commission may adopt the regional plan as a whole by a single resolution, or, as the work of making the plan progresses, may from time to time adopt a part or parts thereof. The commission may from time to time amend, extend or add to the plan or carry any part of the plan into greater detail. Prior to the adoption of the plan or any part, amendment or addition to the plan, the commission shall hold a public hearing thereon, the time and place of which shall be published in a newspaper of general circulation in the county at least thirty (30) days prior to the meeting in which the adoption is to be first considered. The adoption of the plan or any part, amendment or addition shall be by resolution carried by the affirmative votes of not less than a majority of the membership of the commission. The resolution shall refer to the maps and descriptive matter intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the map or maps and descriptive matter by the identifying signature of the secretary of the commission.
Acts 1935, ch. 43, § 13; C. Supp. 1950, § 3291.19 (Williams, § 552.19); T.C.A. (orig. ed.), § 13-206; Acts 2008, ch. 1150, § 3.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 4 - REGIONAL PLANNING REGULATIONS (§§ 13-3-401 — 13-3-414) › Section 13-3-401 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Plat" includes plat, plan, plot or replot;
(2)
"Regional planning commission" means any regional planning commission established by the department of economic and community development as provided by law, and includes any municipal planning commission designated by the department as the regional planning commission of a planning region composed of the territory of a single municipality, together with the territory adjoining but outside of such municipality, no part of which is outside the municipality's urban growth boundary or, if no such boundary exists, more than five (5) miles beyond the limits of such municipality;
(3)
"Road" or "roads" means, relates to and includes roads, streets, highways, avenues, boulevards, parkways, lanes or other ways or any part thereof;
(4)
(A)
"Subdivision" means, in any county having a population of not less than thirty-two thousand seven hundred (32,700) nor more than thirty-two thousand seven hundred sixty (32,760), according to the 1980 federal census or any subsequent federal census, the division of a tract or parcel of land into two (2) or more lots, sites or other divisions for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, that "subdivision" does not include a division of any tract or parcel of land into two (2) or more tracts or parcels when such parts or parcels are five (5) acres or larger in size; and
(B)
(i)
"Subdivision" means, in all counties except those in subdivision (4)(A), the division of a tract or parcel of land into two (2) or more lots, sites, or other divisions requiring new street or utility construction, or any division of less than five (5) acres for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of resubdividing or to the land or area subdivided;
(ii)
As used in subdivision (4)(B)(i), "utility construction" does not include the mere extension of individual service pipes or lines for the purpose of directly connecting a single lot, site or other division to existing utility mains.
Acts 1935, ch. 35, § 6, C. Supp. 1950, § 3493.9 (Williams, § 3493.15); impl. am. Acts 1972, ch. 542, § 15; Acts 1976, ch. 692, § 1; T.C.A. (orig. ed.), § 13-301; Acts 1984, ch. 961, §§ 1, 3; 1985, ch. 149, § 1; 1988, ch. 597, § 1; 1998, ch. 1101, § 26; 2008, ch. 746, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 4 - REGIONAL PLANNING REGULATIONS (§§ 13-3-401 — 13-3-414) › Section 13-3-405 - Plat approval not acceptance of road

The approval of a plat by the regional planning commission shall not be deemed to constitute or effect an acceptance by any county or by the public of the dedication of any road or other ground shown upon the plat.
Acts 1935, ch. 35, § 4; C. Supp. 1950, § 3493.13; T.C.A. (orig. ed.), § 13-305.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 4 - REGIONAL PLANNING REGULATIONS (§§ 13-3-401 — 13-3-414) › Section 13-3-406 - Acceptance of and improvements of unapproved roads

From and after the time when the platting jurisdiction of any regional planning commission of any region has attached by virtue of the making and adoption of a major road plan as provided in §
13-3-402
, no county or court or board or officer thereof or any other public officer or authority shall accept, lay out, open, improve, grade, pave or light any road or lay or authorize water mains or sewers or connections or other facilities or utilities to be laid in any road located within such region and outside of the boundaries of municipal corporations, unless such road has been accepted or opened or has otherwise received the legal status of a public road prior to the attachment of the planning commission's jurisdiction, or unless such road corresponds in its location and lines with a road shown on a subdivision plat approved by the planning commission or on a road plat made and adopted by the planning commission; provided, that the county legislative body of such county may accept or lay out any other road or adopt any other road location; provided further, that the resolution or other measure for such acceptance, laying out or adoption is first submitted to the planning commission for its approval and, if disapproved by the commission, receives the favorable vote of not less than a majority of the entire membership of the county legislative body; and a road approved by the planning commission upon such submission, or accepted, laid out, or adopted by the commission, shall have the status of an approved road location as fully as though it had been originally shown on a subdivision plat approved by the planning commission or on a plat made and adopted by the planning commission. In the case, however, of any state highway constructed or to be constructed in the region by the state of Tennessee with state funds as a part of the state highway system, the submission to the planning commission shall be by the commissioner of transportation, who shall have the power to overrule the disapproval of the planning commission.
Acts 1935, ch. 35, § 5; C. Supp. 1950, § 3493.14; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-306.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 4 - REGIONAL PLANNING REGULATIONS (§§ 13-3-401 — 13-3-414) › Section 13-3-407 - Applicability of part

This part shall not apply to any subdivision, the plat of which has been registered prior to February 14, 1935.
Acts 1935, ch. 35, § 7; C. Supp. 1950, § 3493.15 (Williams, § 3493.16); T.C.A. (orig. ed.), § 13-307.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 4 - REGIONAL PLANNING REGULATIONS (§§ 13-3-401 — 13-3-414) › Section 13-3-408 - Divisions and plats partitioned by court excepted

This part shall not apply to division and plats of land partitioned by a court of competent jurisdiction. However, plats filed under §
13-3-402
shall contain the information required by §
13-3-402
even though the land has been partitioned by a court of competent jurisdiction.
Acts 1935, ch. 35, § 8; C. Supp. 1950, § 3493.16 (Williams, § 3493.17); Acts 1976, ch. 803, § 2; T.C.A. (orig. ed.), § 13-308; Acts 2009, ch. 77, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 4 - REGIONAL PLANNING REGULATIONS (§§ 13-3-401 — 13-3-414) › Section 13-3-409 - Private acts relating to subdivision of lands - Effect

This part shall not be construed as repealing or impairing any provision of any private act relating to the approval or regulation by the municipal authorities of the cities therein specified of the subdivision of land or the filing of plans, plots or replots of land lying within the distance therein specified beyond the corporate limits of such cities, or of any private act relating to the jurisdiction of any county planning commission of the county therein specified.
Acts 1935, ch. 35, § 9; C. Supp. 1950, § 3493.17 (Williams, § 3493.18); T.C.A. (orig. ed.), § 13-309.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 4 - REGIONAL PLANNING REGULATIONS (§§ 13-3-401 — 13-3-414) › Section 13-3-410 - Penalties for transferring lots in unrecorded subdivisions

(a)
(1)
The owner or the agent of the owner of any land shall not:
(A)
Transfer or close the sale of the land by reference to, exhibition of, or by other use of a subdivision plat without first submitting a final subdivision plat to the regional planning commission and receiving the commission's approval and before the final plat is recorded in the appropriate register's office; or
(B)
Falsely represent to a prospective purchaser of the land that roads or streets will be constructed by a county or other political subdivision.
(2)
The description by metes and bounds in the instrument of transfer or other document used in the transfer does not exempt the transaction from a violation of this subsection (a). The county, through the county attorney or other official designated by the legislative body, may pursue an injunction or other appropriate remedy for a violation of this subsection (a).
(b)
The owner or agent of the owner of any land may close the sale of or transfer any lot or lots shown on a plat only after that plat has been given final plat approval by the regional planning commission, and after the approved final plat is recorded in the office of the appropriate county register. The regional planning commission may grant final plat approval where the infrastructure improvements such as roads, water, sewer, utilities, other infrastructures, and facilities are not completed and accepted by the appropriate entities. For the regional planning commission to grant final approval, the owner or agent of the owner of the land to be granted final approval shall post a bond, letter of credit, or other method of assurance in form, in amount, and with conditions and surety satisfactory to the regional planning commission. The bond, letter of credit, or other method of assurance shall provide for and secure to the public and the county the actual construction and installation of the infrastructure improvements within a period specified by the regional planning commission.
(c)
The remedies and penalties provided by this chapter are to be applied exclusively to the owner or agent of the owner. Title to any tract conveyed without compliance with this chapter is not affected by this chapter unless the sale or transfer has been enjoined by a court of competent jurisdiction prior to the conveyance being recorded in the office of the appropriate county register. While the title to any such tract is not affected by this chapter, the tract remains otherwise subject to all provisions of this chapter.
Amended by 2021 Tenn. Acts, ch. 39, Secs.s1, s2, s3 eff. 3/23/2021.
Amended by 2015 Tenn. Acts, ch. 209, Secs.s 2, s 3 eff. 4/20/2015.
Acts 1935, ch. 35, § 10, as added by Acts 1951, ch. 222, § 2 (Williams, § 3493.19); 1959, ch. 132, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-310; Acts 1989, ch. 591, § 113; 1993, ch. 203, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 4 - REGIONAL PLANNING REGULATIONS (§§ 13-3-401 — 13-3-414) › Section 13-3-412 - New subdivision developments in the vicinity of established sport shooting ranges

(a)
For any new subdivision development that is located in whole or in part within one thousand feet (1,000') of any portion of the outside boundary of any land on which is contained a sport shooting range that was established, by clear and convincing evidence, constructed or operated prior to the development of the subdivision, the owner of the development shall provide on any plat filed with the appropriate municipal or county official, or both, the following notice:
Sport Shooting Range Area
This property is located in the vicinity of an established sport shooting range. It can be anticipated that customary uses and activities at this shooting range will be conducted now and in the future. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from these uses and activities.
(b)
As used in this section, unless the context otherwise requires:
(1)
"Established" means a sport shooting range that is known by custom, reputation or otherwise to exist within a community or area prior to the time of the proposed subdivision development. Indicia of a sport shooting range being "established" are:
(A)
The range is listed in the area telephone book;
(B)
The range is, from time to time, advertised in the yellow pages of a telephone book, newspapers, billboards or flyers;
(C)
There are directional signs on public roads, streets or highways indicating the correct route to the shooting range;
(D)
The range is indicated on a road or other map of the area that predates the proposed subdivision development;
(E)
The shooting range is listed with the better business bureau or chamber of commerce of the area in which it is located; or
(F)
The owner of the range has a business license on file with the appropriate clerk; and
(2)
"Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting.
(c)
This section shall only apply to counties that have a planning commission and subdivision regulations.
Acts 2004, ch. 494, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 5 - MOVEMENT OF SINGLE FAMILY RESIDENCES (§§ 13-3-501 — 13-3-504) › Section 13-3-501 - "Developed area of single family residences" defined

As used in this part, "developed area of single family residences" means an area generally referred to as a subdivision as indicated on a plat filed in the register of deeds office.
Acts 2007, ch. 246, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 5 - MOVEMENT OF SINGLE FAMILY RESIDENCES (§§ 13-3-501 — 13-3-504) › Section 13-3-502 - Requirements for moving single family residence from one foundation to another

(a)
No single family residence shall be moved from an existing foundation to another foundation located within a developed area of single family residences unless:
(1)
The residence to be moved is consistent with the age, value, size and appearance of existing residences within the developed area of single family residences to which the single family residence is to be moved; provided, that the value of the house may be greater than that of the existing residences and the size of the house may be larger than that of the existing residences; and
(2)
Approval for the movement of the single family residence to a foundation within a developed area of single family residences has been given by:
(A)
The home owners' association of the development where the residence is to be moved, if a home owners' association is in existence;
(B)
A neighborhood association where the residence is to be moved that has been in existence for more than one (1) year prior to the date the residence is to be moved, if a neighborhood association is in existence in the area;
(C)
The regional planning commission, if a regional planning commission is in existence in the area where the residence is to be moved, and subdivision (a)(2)(A) or (a)(2)(B) does not apply;
(D)
The municipal planning commission, if a municipal planning commission is in existence in the municipality where the residence is to be moved and subdivision (a)(2)(A), (a)(2)(B) or (a)(2)(C) does not apply; or
(E)
The municipal or county legislative body in the jurisdiction where the residence is to be moved, and subdivision (a)(2)(A), (a)(2)(B), (a)(2)(C) or (a)(2)(D) does not apply.
(b)
As used in this section, "single family residence" does not include manufactured or modular homes as manufactured or modular homes are defined in §
47-9-102
, §
55-1-105
, or title 68, chapter 126.
Acts 2007, ch. 246, § 3; 2008, ch. 860, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 5 - MOVEMENT OF SINGLE FAMILY RESIDENCES (§§ 13-3-501 — 13-3-504) › Section 13-3-503 - Consistency of residence with age, value, size and appearance of existing residences

The residence is consistent with:
(1)
The age of existing residences within the developed area of single family residences, if the residence to be moved is within ten (10) years of the average age of the existing structures within the developed area;
(2)
(A)
The value of existing residences within the developed area of single family residences, if the valuation of the residence being moved appraised, prior to being moved, at a value that is at least equal to the average appraisal of the existing structures within the developed area; provided, that nothing in this subdivision (2) shall be construed to prevent the residence from exceeding the value of the existing structures. In establishing the value of existing structures, the value of modular homes located in the developed area shall not be used in arriving at the average appraisal of the existing structures;
(B)
If the value of the residence, prior to being moved, appraised at a value that is at least equal to the average appraisal of the existing structures within the developed area, then it shall be presumed that the residence shall appraise at least at the same or greater value once it is moved;
(C)
In obtaining approval from a governing body identified in §
13-3-502
, as proof that the value of the residence or appearance of the residence is consistent with the value or appearance of the existing residences, evidence may be presented that includes photographs of the inside and outside of the residence to be moved as well as the appraised value of the residence as determined by the assessor of property, or the fair market value of the residence as determined by an independent appraiser. The proof shall be a rebuttable presumption that the value and appearance of the residence is at least equal to the value and appearance of the existing structures within the developed area. Additional documents showing intended improvements may also be presented;
(3)
The size of existing residences within the developed area of single family residences, if the size of the residence being moved is at least within one hundred square feet (100 sq. ft.) of the average size of the existing structures within the developed area; provided, that nothing in this subdivision (3) shall be construed to prevent the residence from exceeding the average square footage. In establishing the average size of existing structures, the square footage of modular homes shall not be used in making the calculations; and
(4)
The appearance of existing residences within the developed area of single family residences as determined by the body giving its approval for the single family residence to be moved to the developed area.
Acts 2007, ch. 246, § 4; 2008, ch. 860, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 5 - MOVEMENT OF SINGLE FAMILY RESIDENCES (§§ 13-3-501 — 13-3-504) › Section 13-3-504 - Structural improvements - Timeframe requirements - Penalties

All structural improvements that will affect the value and appearance of a residence moved to a developed area of single family residences shall be made to the residence within one (1) year of being moved into the area. If within one (1) year of that date, improvements have not been completed on the residence at least equal to the average standards in the developed area, the residence shall be deemed to be in violation of the local government building codes, and penalties associated with the violations may begin to accrue in accordance with all relevant local building codes and ordinances adopted and in effect in the local jurisdiction where the residence is located.
Acts 2008, ch. 860, § 3.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 6 - VOLUNTARY ATTAINABLE HOUSING INCENTIVE PROGRAM (§§ 13-3-601 — 13-3-603) › Section 13-3-601

(a)
The chief legislative body of a municipality may create a voluntary attainable housing incentive program by ordinance for the purpose of authorizing certain incentives to be provided to property owners who seek to build multi-family attainable housing.
(b)
Property owners must submit a completed application to the regional planning commission of a local government in order to be considered for the voluntary program pursuant to § 13-3-603.
(c)
As used in this part, "multi-family housing" means housing accommodations that are designed principally for residential use and consist of not less than five (5) rental units on one (1) site, so long as such units are not detached.
Added by 2024 Tenn. Acts, ch. 1051,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 6 - VOLUNTARY ATTAINABLE HOUSING INCENTIVE PROGRAM (§§ 13-3-601 — 13-3-603) › Section 13-3-602

An ordinance creating a voluntary attainable housing incentive program enacted by the chief legislative body of a municipality must contain, at a minimum, the following:
(1)
A definition of attainable housing for the purposes of the program;
(2)
The types of multi-family housing facilities, buildings, and structures eligible for the program;
(3)
The geographic areas of the municipality where multi-family facilities, buildings, and structures eligible for the program may be constructed or rented;
(4)
Any special exceptions or conditional uses included in the zoning ordinances of the municipality that apply to attainable multi-family housing projects;
(5)
Any other municipal incentives available to property owners who are approved for participation in the program; and
(6)
The process that a property owner must follow to provide notice of interest for the voluntary program, including the convening of a pre-application conference, and the process for submitting a completed application as set forth in § 13-3-603.
Added by 2024 Tenn. Acts, ch. 1051,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 4 - MUNICIPAL PLANNING (§§ 13-4-101 — 13-4-403) › Part 1 - MUNICIPAL PLANNING COMMISSION (§§ 13-4-101 — 13-4-105) › Section 13-4-103 - Powers of commission to promote municipal planning

The commission may make reports and recommendations relating to the plan and development of the municipality to public officials and agencies, public utility companies, to civic, educational, professional and other organizations and to citizens. It may recommend to the executive or legislative officials of the municipality programs for public improvements and the financing for such programs. All public officials shall, upon request, furnish to the commission, within a reasonable time, such available information as it may require for its work. The commission, its members and employees, in the performance of its work, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks on such land. In general, the commission shall have powers as may be necessary to enable it to perform its purposes and promote municipal planning.
Acts 1935, ch. 34, § 6; C. Supp. 1950, § 3493.6; T.C.A. (orig. ed.), § 13-506.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 4 - MUNICIPAL PLANNING (§§ 13-4-101 — 13-4-403) › Part 1 - MUNICIPAL PLANNING COMMISSION (§§ 13-4-101 — 13-4-105) › Section 13-4-104 - Submission of proposed construction to commission - Approval - Failure to approve - Overruling nonapproval

Whenever the commission shall have adopted the plan of the municipality or any part thereof, then and thenceforth no street, park or other public way, ground, place or space, no public building or structure, or no public utility, whether publicly or privately owned, shall be constructed or authorized in the municipality until and unless the location and extent thereof shall have been submitted to and approved by the planning commission; provided, that in case of disapproval, the commission shall communicate its reasons to the chief legislative body of the municipality, and such legislative body, by a vote of a majority of its membership, shall have the power to overrule such disapproval and, upon such overruling, such legislative body shall have the power to proceed; provided, that if the public way, ground, place, space, building, structure or utility be one the authorization or financing of which does not, under the law governing the same, fall within the province of such legislative body, then the submission to the planning commission shall be by the state, county, district, municipal or other board or official having such jurisdiction, and the planning commission's disapproval may be overruled by such board by a majority vote of its membership, or by such official. The widening, narrowing, relocation, vacation, change in the use, acceptance, acquisition, sale or lease of any street or public way, ground, place, property or structure shall be subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the commission to act within thirty (30) days from and after the date of official submission to it shall be deemed approval, unless a longer period be granted by such chief legislative body or other submitting board or official.
Acts 1935, ch. 34, § 7; C. Supp. 1950, § 3493.7; T.C.A. (orig. ed.), § 13-507.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 4 - MUNICIPAL PLANNING (§§ 13-4-101 — 13-4-403) › Part 1 - MUNICIPAL PLANNING COMMISSION (§§ 13-4-101 — 13-4-105) › Section 13-4-105 - Municipal planning commissions under special statutes - Force and effect

Nothing contained in parts 1 and 2 of this chapter shall be deemed to modify or supplant any provision of any special or private statute providing for a municipal planning commission, and the provisions of any such statute relating to the organization and powers of such commission and all other provisions of any such special or private statutes shall remain in full force and effect, but, insofar as parts 1 and 2 of this chapter grant powers to municipal planning commissions not contained in such special statute, the planning commission created and acting under the special statute shall be deemed to have the additional powers granted in parts 1 and 2 of this chapter; provided, that §
13-4-104
, regarding the legal status of the municipal plan, shall apply to every municipality with a planning commission, whether such commission shall have been established under a special or private act or under this chapter.
Acts 1935, ch. 34, § 8; C. Supp. 1950, § 3493.8; T.C.A. (orig. ed.), § 13-508.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 4 - MUNICIPAL PLANNING (§§ 13-4-101 — 13-4-403) › Part 2 - MUNICIPAL PLAN (§§ 13-4-201 — 13-4-203) › Section 13-4-201 - General plan for physical development

It is the function and duty of the commission to make and adopt an official general plan for the physical development of the municipality, including any area outside of its boundaries which, in the commission's judgment, bears relation to the planning of the municipality. The plan, with the accompanying maps, plats, charts, and descriptive and explanatory matter, shall show the commission's recommendations for the physical development of the area of the municipal planning jurisdiction and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur, and may include, among other things, the general location, character and extent of streets, bridges, viaducts, parks, parkways, waterways, waterfronts, playgrounds, airports and other public ways, grounds, places and spaces, the general location of public buildings and other public property, the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, sanitation, transportation, communication and other purposes; also the removal, relocation, widening, extension, narrowing, vacating, abandonment, change of use or extension of any of the foregoing public ways, grounds, places, spaces, buildings, properties or utilities; also a zoning plan for the regulation of the height, area, bulk, location and use of private and public structures and premises and of population density; also the general location, character, layout and extent of community centers and neighborhood units; also the general location, character, extent and layout of the replanning of blighted districts and slum areas. The commission may from time to time amend, extend or add to the plan or carry any part of subject matter into greater detail.
Acts 1935, ch. 34, § 3; C. Supp. 1950, § 3493.3; T.C.A. (orig. ed.), § 13-503; Acts 2008, ch. 1150, § 6.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 4 - MUNICIPAL PLANNING (§§ 13-4-101 — 13-4-403) › Part 2 - MUNICIPAL PLAN (§§ 13-4-201 — 13-4-203) › Section 13-4-203 - General purposes of the plan - Surveys and studies

In the preparation of the plan, the commission shall make careful and comprehensive surveys and studies of the existing conditions and future growth of the municipality and its environs. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the municipality which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur.
Acts 1935, ch. 34, § 5; C. Supp. 1950, § 3493.5; T.C.A. (orig. ed.), § 13-505; Acts 2008, ch. 1150, § 9.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 4 - MUNICIPAL PLANNING (§§ 13-4-101 — 13-4-403) › Part 3 - MUNICIPAL PLANNING REGULATIONS (§§ 13-4-301 — 13-4-310) › Section 13-4-301 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Chief legislative body" means the chief legislative body of the municipality, whether designated board of aldermen, board of commissioners or by other title;
(2)
"Plat" includes plat, plan, plot or replot;
(3)
"Street" or "streets" means and includes streets, avenues, boulevards, roads, lanes, alleys and other ways; and
(4)
(A)
"Subdivision" means, in any county having a population of not less than thirty-two thousand seven hundred (32,700) nor more than thirty-two thousand seven hundred sixty (32,760), according to the 1980 federal census or any subsequent federal census, the division of a tract or parcel of land into two (2) or more lots, sites or other division of less than five (5) acres for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or area subdivided;
(B)
(i)
"Subdivision" means, in all counties except those in subdivision (4)(A), the division of a tract or parcel of land into two (2) or more lots, sites, or other divisions requiring new street or utility construction, or any division of less than five (5) acres, for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and when appropriate to the context, relates to the process of resubdividing or to the land or area subdivided;
(ii)
As used in subdivision (4)(B)(i), "utility construction" does not include the mere extension of individual service pipes or lines for the purpose of directly connecting a single lot, site or other division to existing utility mains.
Acts 1935, ch. 45, § 8; C. Supp. 1950, § 3407.9 (Williams, § 3407.17); Acts 1976, ch. 831, § 1; T.C.A. (orig. ed.), § 13-601; Acts 1984, ch. 961, §§ 2-4; 1985, ch. 149, §§ 2, 3; 1986, ch. 679, § 1; 1988, ch. 597, § 2; 2008, ch. 746, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 4 - MUNICIPAL PLANNING (§§ 13-4-101 — 13-4-403) › Part 3 - MUNICIPAL PLANNING REGULATIONS (§§ 13-4-301 — 13-4-310) › Section 13-4-305 - Dedications - Effect of plat approval on status

The approval of a plat shall not be deemed to constitute or effect an acceptance by the municipality, county or public of the dedication of any street or other ground shown upon the plat.
Acts 1935, ch. 45, § 4; C. Supp. 1950, § 3407.13; T.C.A. (orig. ed.), § 13-605.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 4 - MUNICIPAL PLANNING (§§ 13-4-101 — 13-4-403) › Part 3 - MUNICIPAL PLANNING REGULATIONS (§§ 13-4-301 — 13-4-310) › Section 13-4-306 - Transactions prohibited prior to obtaining approval of final subdivision plat - False representations as to construction of roads - Remedies - Requirements for final plat approval

(a)
(1)
The owner or the agent of the owner of any land shall not:
(A)
Transfer or close the sale of the land by reference to, exhibition of, or by other use of a subdivision plat without first submitting a final subdivision plat to the municipal planning commission and receiving the commission's approval and before the final plat is recorded in the appropriate register's office; or
(B)
Falsely represent to a prospective purchaser of the land that roads or streets will be constructed by the municipality or other political subdivision.
(2)
The description by metes and bounds in the instrument of transfer or other document used in the transfer does not exempt the transaction from a violation of this subsection (a). The municipality, through the municipal attorney or other official designated by the chief legislative body, may pursue an injunction or other appropriate remedy for a violation of this subsection (a).
(b)
The owner or agent of the owner of any land may close the sale of or transfer any lot or lots shown on a plat only after that plat has been given final plat approval by the planning commission, and after having been granted this final plat approval, the final plat is recorded in the office of the county register. The planning commission may grant final plat approval where the infrastructure improvements such as roads, water, sewer, utilities, other infrastructures, and facilities are not completed and accepted by the appropriate entities. For the planning commission to grant final approval, the owner or agent of the owner of the land to be granted final approval shall post a bond, letter of credit, or other method of assurance in form, in amount, and with conditions and surety satisfactory to the planning commission. The bond, letter of credit, or other method of assurance shall provide for and secure to the public and the municipality the actual construction and installation of the infrastructure improvements within a period specified by the planning commission.
(c)
The remedies and penalties provided by this chapter are to be applied exclusively to the owner or agent of the owner. Title to any tract conveyed without compliance with this chapter is not affected by this chapter unless the sale or transfer has been enjoined by a court of competent jurisdiction before the conveyance is recorded in the office of the appropriate county register. While the title to the tract is not affected by this chapter, the tract remains otherwise subject to this chapter.
Amended by 2021 Tenn. Acts, ch. 39, Secs.s4, s5, s6 eff. 3/23/2021.
Amended by 2015 Tenn. Acts, ch. 209, s 5, eff. 4/20/2015.
Acts 1935, ch. 45, § 5; C. Supp. 1950, § 3407.14; T.C.A. (orig. ed.), § 13-606; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 4 - MUNICIPAL PLANNING (§§ 13-4-101 — 13-4-403) › Part 3 - MUNICIPAL PLANNING REGULATIONS (§§ 13-4-301 — 13-4-310) › Section 13-4-307 - Acceptance of and improvements of unapproved streets

From and after the time when the platting jurisdiction of any municipal planning commission has attached as provided in §
13-4-302
, the municipality shall not, nor shall any public authority, accept, lay out, open, improve, grade, pave, or light any street, or lay or authorize water mains or sewers or connections to be laid in any street within the municipality, unless such street shall have been accepted or opened as or shall have otherwise received the legal status of a public street prior to the attachment of the commission's subdivision jurisdiction, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the planning commission or with a street plat made and adopted by the commission; provided, that the chief legislative body of the municipality may locate and construct or may accept any other street, provided the ordinance or other measure for such location and construction or for such acceptance is first submitted to the planning commission for its approval, and, if disapproved by the commission, be passed by a majority of the entire membership of the legislative body; and a street, approved by the planning commission upon such submission or constructed or accepted by such majority vote after disapproval by the commission, shall have the status of an approved street as fully as though it has been originally shown on a subdivision plat approved by the commission or on a plat made and adopted by the commission.
Acts 1935, ch. 45, § 6; C. Supp. 1950, § 3407.15; T.C.A. (orig. ed.), § 13-607.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 4 - MUNICIPAL PLANNING (§§ 13-4-101 — 13-4-403) › Part 3 - MUNICIPAL PLANNING REGULATIONS (§§ 13-4-301 — 13-4-310) › Section 13-4-309 - Special or private laws providing for municipal planning commission not repealed

Nothing contained in this part shall be deemed to modify or supplant any provision of any special or private statute providing for a municipal planning commission; and the provisions of any such statute relating to the organization and powers of such commission and all other provisions of any such special or private statute shall remain in full force and effect; but insofar as this chapter grants powers to municipal planning commissions not contained in such special statute, the planning commission created and acting under such special statute shall be deemed to have the additional powers granted in this chapter.
Acts 1935, ch. 45, § 10; mod. C. Supp. 1950, § 3407.17 (Williams, § 3407.19); T.C.A. (orig. ed.), § 13-609.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 4 - MUNICIPAL PLANNING (§§ 13-4-101 — 13-4-403) › Part 4 (§§ 13-4-401 — 13-4-403) › Section 13-4-401

(a)
The chief legislative body of a municipality may create a voluntary attainable housing incentive program by ordinance for the purpose of authorizing certain incentives to be provided to property owners who seek to build multi-family attainable housing.
(b)
Property owners must submit a completed application to the municipal planning commission of a local government in order to be considered for the voluntary program pursuant to § 13-4-403.
(c)
As used in this part, "multi-family housing" means housing accommodations that are designed principally for residential use and consist of not less than five (5) rental units on one (1) site, so long as such units are not detached.
Added by 2024 Tenn. Acts, ch. 1051,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 4 - MUNICIPAL PLANNING (§§ 13-4-101 — 13-4-403) › Part 4 (§§ 13-4-401 — 13-4-403) › Section 13-4-402

An ordinance creating a voluntary attainable housing incentive program enacted by the chief legislative body of a municipality must contain, at a minimum, the following:
(1)
A definition of attainable housing for the purposes of the program;
(2)
The types of multi-family facilities, buildings, and structures eligible for the program;
(3)
The geographic areas of the municipality where multi-family facilities, buildings, and structures eligible for the program may be constructed or rented;
(4)
Any special exceptions or conditional uses included in the municipality's zoning ordinance that apply to attainable multi-family housing projects;
(5)
Any other municipal incentives available to property owners who are approved for participation in the municipality's program; and
(6)
The process that a property owner must follow to provide notice of interest for the voluntary program, including the convening of a pre-application conference, and the process for submitting a completed application as set forth in § 13-4-403.
Added by 2024 Tenn. Acts, ch. 1051,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 5 - OLDER NEIGHBORHOOD PRESERVATION ACT (§§ 13-5-101 — 13-5-107) › Section 13-5-101 - Short title

This chapter shall be known and may be cited as the "Older Neighborhood Preservation Act."
Acts 2004, ch. 536, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 5 - OLDER NEIGHBORHOOD PRESERVATION ACT (§§ 13-5-101 — 13-5-107) › Section 13-5-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household;
(2)
"Older residential neighborhood" means an area where a majority of the residential property was constructed fifty (50) years or more prior to April 22, 2004;
(3)
"Owner" means one (1) or more persons, jointly or severally, in whom is vested:
(A)
All or part of the legal title to property; or
(B)
All or part of the beneficial ownership and a right to the present use and enjoyment of the premises;
(4)
"Residential real property" means a building located in an older residential neighborhood consisting of one (1) dwelling unit in which the owner of the real property resides as the owner's principal place of residence;
(5)
"Residential rental property" means a building or structure located in an older residential neighborhood containing one (1) or two (2) dwelling units that are rented; and
(6)
"Substandard residential rental property" means residential rental property where the dwelling unit or improvements within the dwelling unit, which by reason of dilapidation, obsolescence, faulty arrangement or design, lack of ventilation, light and sanitary facilities, deleterious land use, or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community.
Acts 2004, ch. 536, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 5 - OLDER NEIGHBORHOOD PRESERVATION ACT (§§ 13-5-101 — 13-5-107) › Section 13-5-103 - Creation of grant program by municipality or county

Upon the adoption of a resolution by a two-thirds (2/3) vote of the legislative body, a municipality or county may create a grant program for the revitalization of substandard residential rental property located in an older residential neighborhood and may also create a grant program for the revitalization of residential real property located in an older residential neighborhood.
Acts 2004, ch. 536, § 3.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 5 - OLDER NEIGHBORHOOD PRESERVATION ACT (§§ 13-5-101 — 13-5-107) › Section 13-5-104 - Basis for grant programs

(a)
The grant programs shall be based on the estimated expense of renovating the property to property that is decent, safe and sanitary and that meets all local building and housing codes concerning fitness for habitation. The resolution establishing the grant program or programs shall at a minimum:
(1)
For grants for substandard residential rental property:
(A)
Identify the neighborhoods or portions of neighborhoods that contain substandard residential rental property for which a grant program is created; and
(B)
Establish the criteria for renovation and rehabilitation of substandard residential rental property;
(2)
For grants for the renovation or rehabilitation of residential real property:
(A)
Identify the neighborhoods or portions of neighborhoods where a majority of the residential real property is such that the property values of the neighborhood are adversely affected by the condition of the housing stock; and
(B)
Establish the criteria for renovation and rehabilitation of such residential real property;
(3)
Establish an application and appeal process for such grants; such application process shall require that all owners of the property, or their legal representatives, to which the grant applies sign the grant application;
(4)
Determine the maximum amount for a grant under each program;
(5)
Set the time period in which the grant shall be used; the programs shall include a mechanism for funds to revert back if funds included in the grant are not expended; and
(6)
Develop a system of verification and accounting to ensure that the funds are being accurately utilized to rehabilitate the dwelling unit.
(b)
The resolution establishing a grant program or programs may establish penalties in addition to those included in §
13-5-107
for failure to utilize grant funds in accordance with the program developed by the municipality or county.
Acts 2004, ch. 536, § 4.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 5 - OLDER NEIGHBORHOOD PRESERVATION ACT (§§ 13-5-101 — 13-5-107) › Section 13-5-105 - Public hearing

Before the legislative body adopts such a resolution establishing a grant program or programs, the legislative body shall hold a public hearing relating to the proposal, after publishing a notice of such public hearing in a newspaper of general circulation in the municipality or county at least two (2) weeks prior to the date of such public hearing. Such notice shall include the time, place and purpose of the public hearing.
Acts 2004, ch. 536, § 5.