reglab/statecodes huggingface dataset:
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 13-5-106 - Approval across jurisdictions

If residential rental property or residential real property lies in more than one (1) taxing jurisdiction that has created a grant program under this chapter, approval for a grant by one (1) jurisdiction does not automatically establish approval for a grant in such other jurisdiction.
Acts 2004, ch. 536, § 6.
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 13-5-107 - Penalties for failure to use grant funds according to program

It is theft of property punishable as provided in §
39-14-105
to knowingly fail to utilize grant funds in accordance with the program developed by the municipality or county.
Acts 2004, ch. 536, § 7.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 6 - NEIGHBORHOOD PRESERVATION ACT (§§ 13-6-101 — 13-6-108) › Section 13-6-101 - Short title

This chapter shall be known and may be cited as the "Neighborhood Preservation Act."
Acts 2004, ch. 843, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 6 - NEIGHBORHOOD PRESERVATION ACT (§§ 13-6-101 — 13-6-108) › Section 13-6-103 - Maintenance at level of community standards

(a)
The owner of residential rental property or residential property shall be required to maintain the exterior of such property and the lot on which the residential rental property or residential property is located at a level which is no less than the community standards of the residential property in the area.
(b)
It is prima facie evidence that the residential rental property or residential property is not maintained at the community standards of the residential property in the area if the owner of such residential rental property or residential property has been cited for three (3) or more separate violations of local building and construction codes or property standards governing residential property within a one-year period and the owner has not brought the property into compliance with such building and construction codes or property standards within such period.
Amended by 2016 Tenn. Acts, ch. 727,s 4, eff. 4/7/2016.
Acts 2004, ch. 843, § 3.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 6 - NEIGHBORHOOD PRESERVATION ACT (§§ 13-6-101 — 13-6-108) › Section 13-6-104 - Action for damages for failure to maintain property - Measure of damages

(a)
An owner of residential property affected by residential rental property or residential property not maintained to community standards of residential property in the area may bring an action for damages against the owner of such residential rental property or residential property for failure to maintain the property in the manner required by §
13-6-103
; provided, however, that a showing by the owner of the residential rental property or residential property that the failure to maintain the property is due to an act of nature, serious illness, or a legal barrier shall constitute a defense to any cause of action brought under this section.
(b)
The measure of damages shall be the difference between the value of the owner's residential property if the residential rental property or residential property were maintained at the community standards of the residential property in the area and the value of the owner's residential property because the residential rental property or residential property is not maintained at such community standards.
(c)
As proof of the value of the owner's residential property, the plaintiff shall submit to the court two (2) independent appraisals.
(d)
Upon a finding by the court that an owner of residential rental property or residential property has failed to maintain the property in the manner required by §
13-6-103
, the court may award to the person bringing an action under this chapter reasonable attorney's fees and costs.
Amended by 2016 Tenn. Acts, ch. 727, s 5, eff. 4/7/2016.
Acts 2004, ch. 843, §4; 2009 , ch. 424, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 6 - NEIGHBORHOOD PRESERVATION ACT (§§ 13-6-101 — 13-6-108) › Section 13-6-105 - Application

This chapter shall apply:
(1)
In any county having a metropolitan form of government that has a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
(2)
In any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census;
(3)
In any county having a population of not less than ninety-eight thousand two hundred (98,200) nor more than ninety-eight thousand three hundred (98,300), according to the 2010 federal census or any subsequent federal census; and
(4)
In any county or municipality that has formed a land bank pursuant to §
13-30-104
.
Amended by 2018 Tenn. Acts, ch. 779,s 2, eff. 4/19/2018.
Amended by 2014 Tenn. Acts, ch. 835,s 4, eff. 4/29/2014.
Acts 2004, ch. 843, § 5.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 6 - NEIGHBORHOOD PRESERVATION ACT (§§ 13-6-101 — 13-6-108) › Section 13-6-107 - Jurisdiction

Jurisdiction for civil actions filed pursuant to this chapter is conferred upon the chancery, circuit, and any court designated as an environmental court pursuant to Acts 1991, chapter 426.
Acts 2011, ch. 374, § 6.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 6 - NEIGHBORHOOD PRESERVATION ACT (§§ 13-6-101 — 13-6-108) › Section 13-6-108 - Qualification as a certified person

(a)
Any person seeking to be qualified as a certified person shall make application to the applicable court in the county in which such person seeks to serve, on such form and according to such standards and procedures as such court reasonably may require, including the following, which the court may require to be brought current at any time, as applicable:
(1)
An external verification of good standing;
(2)
The articles of incorporation and bylaws or formation documents;
(3)
Evidence of financial capacity to carry out an abatement plan, including audited financial statements of the person for the past five (5) years, where applicable;
(4)
A formal conflict of interest policy governing the staff, officers, and the board of directors, if applicable;
(5)
Evidence of the administrative capacity to successfully undertake the abatement plan; and
(6)
Any other documents, evidence, or assurances that the court may require.
(b)
Any local land bank formed pursuant to §
13-30-104
is a certified person for all purposes under this chapter. In the court's discretion, an acceptable petitioner may also be qualified as a certified person who is appointed as a receiver.
Acts 2018, ch. 779, § 4.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-103 - Purposes of zoning regulations

Such regulations shall be designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the state and of its counties, including, among other things, lessening congestion on the roads or reducing the wastes of excessive amount of roads; securing safety from fire and other dangers; promoting adequate light and air, including protecting and encouraging access to sunlight for solar energy systems; preventing, on the one hand, excessive concentrations 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 nonurban 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. 33, § 3; C. Supp. 1950, § 10268.3; Acts 1979, ch. 259, § 8; T.C.A. (orig. ed.), § 13-403; Acts 2008, ch. 1150, § 13.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-104 - Method of procedure after certification of plan from commission

After the certification of a zone plan from the regional planning commission and before the enactment of any such zoning ordinance, the county legislative body shall hold a public hearing thereon, the time and place of which at least thirty (30) days' notice shall be given by one (1) 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 regional planning commission shall be made, unless such change or departure be first submitted to the certifying regional planning commission for its approval, disapproval or suggestions, and, if disapproved, shall receive the favorable vote of a majority of the entire membership of the county legislative body. Such planning commission shall have thirty (30) days from and after such submission within which to send its report to the county legislative body. The entire text of a zoning ordinance need not be published in a newspaper. It is sufficient notice if the caption and a complete summary are published at least once in the official newspaper of the county or in a newspaper of general circulation in the county. The summary shall include a statement that a complete copy of the zoning ordinance is available and where such copy may be obtained. The ordinance shall not be in force until the required publication is made. If the zoning ordinance rezones property, a description of the property that is rezoned shall be included in the summary.
Acts 1935, ch. 33, § 4; C. Supp. 1950, § 10268.4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-404; Acts 1985, ch. 162, § 1; 1993, ch. 262, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-105 - Amendments of zoning ordinance provisions - Procedure

(a)
The county legislative body may, from time to time, amend the number, shape, boundary, area or any regulation of or within any district or districts or any other provision of any zoning ordinance; but any such amendment shall not be made or become effective unless the same be first submitted for approval, disapproval or suggestions to the regional planning commission of the region in which the territory covered by the ordinance is located, and, if such regional planning commission disapproves within thirty (30) days after such submission, such amendment shall require the favorable vote of a majority of the entire membership of the county legislative body.
(b)
Prior to adopting an amendment as authorized under subsection (a), the county legislative body shall hold a public hearing on the amendment, with at least fifteen (15) days' notice of the time and place to be given by at least one (1) publication in a newspaper of general circulation in the county. A complete summary of the amendment shall be published at least once in the official newspaper of the county or in a newspaper of general circulation in the county. The summary shall include a statement that a complete copy of the amendment is available and where the copy may be obtained. If the zoning ordinance rezones property, a description of the property that is rezoned shall be included in the summary.
(c)
Notwithstanding this part or any other law to the contrary, any county having a charter form of government, adopted pursuant to title 5, chapter 1, part 2, may amend its zoning ordinance by means of resolution; and all zoning amendments passed by resolution prior to July 1, 1996, shall be deemed to be valid and shall not be attacked on the grounds that the amendments were accomplished by means of resolution rather than by ordinance.
Amended by 2016 Tenn. Acts, ch. 577,s 1, eff. 3/8/2016.
Acts 1935, ch. 33, § 5; C. Supp. 1950, § 10268.5; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-405; Acts 1989, ch. 34, § 1; 1993, ch. 244, §§ 1, 2; 1993, ch. 262, §§ 2, 3; 1996, ch. 715, § 1; 1997, ch. 69, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-107 - Rules of procedure and jurisdiction of board of appeals

(a)
(1)
The county legislative body may provide and specify, in its zoning or other ordinance, general rules to govern the organization, procedure and jurisdiction of the board of appeals, which rules shall not be inconsistent with this part, and the board may adopt supplemental rules of procedure, not inconsistent with such sections or such general rules.
(2)
The supplemental rules of procedure may address, but shall not be limited to, the following:
(A)
Maintenance of a record of the board's resolutions, transactions, motions and actions, which shall be a public record;
(B)
Election from its membership of a chair and other officers as the board deems necessary; and
(C)
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.
(b)
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.
Acts 1935, ch. 33, § 6; C. Supp. 1950, § 10268.6; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-407; Acts 2011, ch. 279, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-108 - Persons taking appeals

Appeals to the board of appeals may be taken by any person aggrieved, or by any officer, department or board of the county affected, by any grant or withholding of a building permit or by any other decision of a building commissioner or other administrative official, based in whole or in part upon any ordinance under this part.
Acts 1935, ch. 33, § 6; C. Supp. 1950, § 10268.6; T.C.A. (orig. ed.), § 13-408.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-109 - Powers of board of appeals

The board of appeals has the power to:
(1)
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the county building commissioner or any other administrative official in the carrying out or enforcement of any ordinance enacted pursuant to this part;
(2)
Hear and decide, in accordance with the provisions of any such ordinance, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such ordinance to pass; and
(3)
Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under such sections would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinances.
Acts 1935, ch. 33, § 6; C. Supp. 1950, § 10268.6; T.C.A. (orig. ed.), § 13-409.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-110 - Building commissioner - Position established - Permits

Any county legislative body may provide for the enforcement of its zoning regulations by means of the withholding of building permits and, for such purpose, may establish the position of county building commissioner and may fix the compensation attached to such position. The county building commissioner shall be appointed by the county mayor, subject to the confirmation of the county legislative body. From and after the establishment of such position and the filling of same, it is unlawful to erect, construct, reconstruct, alter or use any building or other structure within the 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 for the proposed erection, construction, reconstruction, alteration or use fully conform to all zoning regulations then in effect.
Acts 1935, ch. 33, § 7; C. Supp. 1950, § 10268.7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-410; Acts 1999, ch. 308, § 1; 2003, ch. 90, § 2; 2003, ch. 330, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-111 - Violation of regulations - Penalties - Modes of enforcement and remedies

It is unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any regulation in any provision of any ordinance or any amendment thereof enacted or adopted by any county legislative body under the authority of this part. A violation of this part is a Class C misdemeanor. Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues is deemed a separate offense. 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 part or of any regulation or provision enacted or adopted by any county legislative body under the authority granted by this part, such county legislative body, the attorney general and reporter, the district attorney general for the judicial district in which such violation occurs or is threatened, the county building commissioner 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, enjoin or abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.
Acts 1935, ch. 33, § 8; C. Supp. 1950, § 10268.8; modified; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-411; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-112 - Regulations conflicting with other laws

Wherever the regulations made under authority of this part require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or less number of stories, or require a greater percentage of lot to be unoccupied, or impose other higher standards than are required in any other statute, the regulations made under authority of this part shall govern. Whenever any other statute requires 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 standards that are required by the regulations made under authority of this part, the provisions of such statute shall govern.
Acts 1935, ch. 33, § 9; C. Supp. 1950, § 10268.9; T.C.A. (orig. ed.), § 13-412.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-113 - "Regional planning commission" defined

For the purposes of this part, "regional planning commission" means any regional planning commission established by the [former] state planning office as authorized by law, and includes any municipal planning commission designated by the state planning office, as authorized by law, as the regional planning commission of a planning region composed of the territory of a single municipality, together with territory adjoining but outside of such municipality.
Acts 1935, ch. 33, § 10; C. Supp. 1950, § 10268.10; impl. am. Acts 1972, ch. 542, § 15; T.C.A. (orig. ed.), § 13-413.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-114 - Construction - Building permits - Agricultural use of land - Land located in special flood hazard area

(a)
This part shall not be construed as authorizing the requirement of building permits nor providing for any regulation of the erection, construction, or reconstruction of any building or other structure on lands now devoted to agricultural uses or which may hereafter be used for agricultural purposes, except on agricultural lands adjacent or in proximity to state federal-aid highways, public airports or public parks; provided, that such building or structure is incidental to the agricultural enterprise. Nor shall this chapter be construed as limiting or affecting in any way or controlling the agricultural uses of land.
(b)
For purposes of this section, buildings used as residences by farmers and farm workers are "incidental to the agricultural enterprise".
(c)
(1)
Notwithstanding subsection (a) or any other law to the contrary, a county participating in the national flood insurance program shall regulate buildings and development on land located in a special flood hazard area identified on the flood insurance rate map adopted by the county for purposes of participating in the national flood insurance program, but only to the minimum extent necessary to comply with the national flood insurance program.
(2)
Subdivision (c)(1) shall apply only to the regulation of buildings and development on land located within the one hundred-year floodplain.
Amended by 2015 Tenn. Acts, ch. 192,s 1, eff. 4/22/2015.
Amended by 2014 Tenn. Acts, ch. 524,s 1, eff. 3/12/2014.
Acts 1935, ch. 33, § 11; 1941, ch. 86, § 1; C. Supp. 1950, § 10268.11; T.C.A. (orig. ed.), § 13-414.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-115 - Private acts unaffected

This part shall not be construed as repealing or modifying any provision of any private act heretofore enacted relating to the powers of any county therein designated or of any municipality therein designated, to enact zoning regulations in such county or in territory lying outside of such municipality.
Acts 1935, ch. 33, § 12; 1941, ch. 896, § 2; C. Supp. 1950, § 10268.12; T.C.A. (orig. ed.), § 13-415.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-117 - Certificate of insurance or workers' compensation policy required for issuance of building permit - Return of certificate or policy - Exemptions - Liability - Violations

(a)
No building permit shall be issued until the county building commissioner receives a copy of either a certificate of insurance or a workers' compensation policy as evidence of the existence of workers' compensation insurance.
(b)
The county building commissioner shall keep on file such copy of either the certificate of insurance or the workers' compensation policy for the life of the permit. After the building permit has expired, the county building commissioner shall return by mail the copy of the certificate of insurance or the workers' compensation policy within ten (10) working days to the person who obtained the permit.
(c)
(1)
This section does not apply to those persons who are not required by title 50, chapter 6, to obtain workers' compensation coverage, to any person who performs work on such person's own property in such person's own county of residence, or to any person who directly supervises work on such person's own property in such person's own county of residence.
(2)
Persons not required to present evidence of compliance with §§
50-6-405
and
50-6-406
pursuant to this subsection (c) shall present or sign an affidavit which attests to their exemption from this section. A person authorized to issue building permits who issues a building permit to a person exempted from this section shall keep on file for the life of the permit such affidavit of exemption.
(d)
A person authorized to issue building permits, who in good faith accepts an affidavit of exemption, a copy of a certificate of insurance, or a copy of a workers' compensation policy shall not be liable in any criminal or civil action alleging the person obtaining the building permit was subject to §§
50-6-405
and
50-6-406
and such person did not in fact have workers' compensation coverage. Compliance with this section shall be a rebuttable presumption that the person authorized to issue building permits acted in good faith.
(e)
A violation of this section is a Class C misdemeanor.
Acts 1993, ch. 520, § 1; 1999, ch. 520, § 34; 2003, ch. 359, § 11.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-118 - Land use plan in certain counties that are in an early action compact or in nonattainment for air quality

(a)
This section applies to any county in the state that either is in an early action compact or is in nonattainment for air quality according to the environmental protection agency as of April 15, 2004.
(b)
Any county that qualifies under subsection (a) and whose population according to the 2000 federal census was sixty thousand (60,000) or more and the county as of April 15, 2004, did not have a land use plan, shall adopt a land use plan which states that air quality issues will be considered as part of the county-wide land use plans.
Acts 2004, ch. 901, §§ 1, 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 1 - COUNTY ZONING (§§ 13-7-101 — 13-7-119) › Section 13-7-119 - Compiling of effective zoning ordinance and map - Zoning ordinance and map as public record - Challenge to accuracy

(a)
Any county that has exercised zoning powers under this part shall compile its zoning ordinance and map, as amended, that is in effect so as to be able to provide any member of the public with a current zoning ordinance and map. In that county, the county legislative body shall authenticate, compile, update, keep, maintain and make available the zoning ordinance, map and all amendments as a public record. Any county zoning ordinance and map made available to the public through a compilation made pursuant to this section, whether in electronic or paper form, shall be presumed to be a true and accurate statement of the county's zoning ordinance and map.
(b)
Any party challenging the accuracy of any county zoning ordinance or map compiled as currently in effect in accordance with this section, whether in a rezoning proceeding before a county legislative body, an appeal to a board of zoning appeals, a subdivision or site plan approval proceeding before a planning commission or in any judicial proceeding, must prove the inaccuracy of the zoning ordinance or map by clear and convincing evidence.
Acts 2009, ch. 338, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 2 - MUNICIPAL ZONING (§§ 13-7-201 — 13-7-212) › Section 13-7-202 - Zoning plan

Whenever the planning commission of the municipality makes and certifies to the chief legislative body a zoning plan, including both the full text of a zoning ordinance and the maps, representing the recommendations of the planning 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 the lot which may be occupied, the size of yards, courts and other open spaces, the density of population, and the uses of buildings, structures and land for trade, industry, residence, recreation, public activities and other purposes, 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, then the chief legislative body may exercise the powers granted and for the purposes mentioned in §
13-7-201
, and may divide the municipality into districts or zones of such number, shape and areas it may determine, and, for such purposes, may regulate the erection, construction, reconstruction, alteration and uses of buildings and structures and the uses of land.
Acts 1935, ch. 44, § 2; C. Supp. 1950, § 3407.2; T.C.A. (orig. ed.), § 13-702; Acts 2008, ch. 1150, § 15.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 2 - MUNICIPAL ZONING (§§ 13-7-201 — 13-7-212) › Section 13-7-203 - Hearing on ordinance or amendment - Notice - Publication - Procedure

(a)
Before enacting the zoning ordinance or any amendment thereof, the chief legislative body shall hold a public hearing thereon, at leasttwenty-one (21) calendar days' notice of the time and place of which shall be published in the official municipal journal or in a newspaper of general circulation in the municipality.
(b)
No change in or departure from the text or maps as certified by the planning commission shall be made, unless such change or departure be first submitted to the planning commission and approved by it, or, if disapproved, shall receive the favorable vote of a majority of the entire membership of the chief legislative body.
(c)
Notwithstanding the requirements of any municipality's charter to the contrary, the entire text of a comprehensive zoning ordinance need not be published in a newspaper. For those municipalities whose charters do require ordinances to be published in a newspaper, it shall be sufficient for the comprehensive zoning ordinance that its caption and a complete summary be published.
Amended by 2024 Tenn. Acts, ch. 701,s 3, eff. 7/1/2024.
Acts 1935, ch. 44, § 3; C. Supp. 1950, § 3407.3; T.C.A. (orig. ed.), § 13-703; Acts 1984, ch. 811, § 3.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 2 - MUNICIPAL ZONING (§§ 13-7-201 — 13-7-212) › Section 13-7-204 - Amendments to zoning ordinances

The zoning ordinance, including the maps, may from time to time be amended; but no amendment shall become effective unless it is first submitted to and approved by the planning commission or, if disapproved, receives the favorable vote of a majority of the entire membership of the chief legislative body.
Acts 1935, ch. 44, § 4; C. Supp. 1950, § 3407.4; T.C.A. (orig. ed.), § 13-704.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 2 - MUNICIPAL ZONING (§§ 13-7-201 — 13-7-212) › Section 13-7-206 - Jurisdiction of board - Parties to appeals

(a)
The zoning ordinance may provide that the board of appeals may, in appropriate cases and subject to the 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 chief 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.
(b)
Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any grant or refusal of a building permit or other act or decision of the building commissioner of the municipality or other administrative official based in whole or part upon this ordinance enacted under this part and part 3 of this chapter.
Acts 1935, ch. 44, § 5; C. Supp. 1950, § 3407.5; T.C.A. (orig. ed.), § 13-706.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 2 - MUNICIPAL ZONING (§§ 13-7-201 — 13-7-212) › Section 13-7-207 - Powers of board of appeals

The board of appeals has the power to:
(1)
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, or refusal made by the municipal building commissioner or any other administrative official in the carrying out or enforcement of any provision of any ordinance enacted pursuant to this part and part 3 of this chapter;
(2)
Hear and decide, in accordance with any such ordinance, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such ordinance to pass; and
(3)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the zoning regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this part and part 3 of this chapter would result in peculiar and exceptional practical difficulties to or exception or undue hardship upon the owner of such property, authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinance.
Acts 1935, ch. 44, § 5; C. Supp. 1950, § 3407.5; T.C.A. (orig. ed.), § 13-707.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 2 - MUNICIPAL ZONING (§§ 13-7-201 — 13-7-212) › Section 13-7-209 - Conflict with other laws

Whenever the regulations made under authority of this part and part 3 of this chapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or less number of stories, or require a greater percentage of lot to be left unoccupied, or imposed other higher standards than are required in any other statute, the regulations made under authority of this part and part 3 of this chapter shall govern. Wherever any other statute 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 part and part 3 of this chapter, such statute shall govern.
Acts 1935, ch. 44, § 7; C. Supp. 1950, § 3407.7; T.C.A. (orig. ed.), § 13-709.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 2 - MUNICIPAL ZONING (§§ 13-7-201 — 13-7-212) › Section 13-7-210 - Zoning under special acts not affected

Nothing contained in this part and part 3 of this chapter shall be deemed to supplant or modify the provisions of any special or private act relating to the zoning or zoning powers of any municipality referred to in such special or private act, and all the provisions of such special or private act shall remain in full force and effect, but insofar as this part and part 3 of this chapter are not inconsistent with the provisions of such special or private act, this part and part 3 of this chapter shall apply to the zoning powers and procedure of such municipality.
Acts 1935, ch. 44, § 8; C. Supp. 1950, § 3407.8; T.C.A. (orig. ed.), § 13-710.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 2 - MUNICIPAL ZONING (§§ 13-7-201 — 13-7-212) › Section 13-7-211 - Certificate of insurance or workers' compensation policy required for issuance of building permit - Return of certificate or policy - Exemptions - Liability - Violations

(a)
No building permit shall be issued until the municipal office which issues such permits receives a copy of either a certificate of insurance or a workers' compensation policy as evidence of the existence of workers' compensation insurance.
(b)
The municipal office shall keep on file such copy of either the certificate of insurance or of the workers' compensation policy for the life of the permit. After the building permit has expired, the municipal office shall return by mail the copy of the certificate of insurance or the workers' compensation policy within ten (10) working days to the person who obtained the permit.
(c)
(1)
This section does not apply to those persons who are not required by title 50, chapter 6, to obtain workers' compensation coverage, to any person who performs work on such person's own property in such person's own county of residence, or to any person who directly supervises work on such person's own property in such person's own county of residence.
(2)
Persons not required to present evidence of compliance with §§
50-6-405
and
50-6-406
pursuant to this subsection (c) shall present or sign an affidavit which attests to their exemption from this section. A person authorized to issue building permits who issues a building permit to a person exempted from this section shall keep on file for the life of the permit such affidavit of exemption.
(d)
A person authorized to issue building permits, who in good faith accepts an affidavit of exemption, a copy of the certificate of insurance, or a copy of the workers' compensation policy, shall not be liable in any criminal or civil action alleging the person obtaining the building permit was subject to §§
50-6-405
and
50-6-406
and such person did not in fact have workers' compensation coverage. Compliance with this section shall be a rebuttable presumption that the person authorized to issue building permits acted in good faith.
(e)
A violation of this section is a Class C misdemeanor.
Acts 1993, ch. 520, § 2; 1999, ch. 520, § 34; 2003, ch. 359, § 12.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 2 - MUNICIPAL ZONING (§§ 13-7-201 — 13-7-212) › Section 13-7-212 - Compiling of effective zoning ordinance and map - Zoning ordinance and map as public record - Challenge to accuracy

(a)
Any municipality that has exercised zoning powers under this part shall compile its zoning ordinance and map, as amended, that is in effect so as to be able to provide any member of the public with a current zoning ordinance and map. In that municipality, the municipal legislative body shall authenticate, compile, update, keep, maintain and make available the zoning ordinance, map and all amendments as a public record. Any municipal zoning ordinance and map made available to the public through a compilation made pursuant to this section, whether in electronic or paper form, shall be presumed to be a true and accurate statement of the municipality's zoning ordinance and map.
(b)
Any party challenging the accuracy of any municipal zoning ordinance or map compiled or codified as currently in effect in accordance with this section, whether in a rezoning proceeding before a municipal governing body, an appeal to a board of zoning appeals, a subdivision or site plan approval proceeding before a planning commission or in any judicial proceeding, must prove the inaccuracy of the zoning ordinance or map by clear and convincing evidence.
Acts 2009, ch. 338, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 3 - MUNICIPAL ZONING OUTSIDE BOUNDARIES (§§ 13-7-301 — 13-7-306) › Section 13-7-301 - Prerequisites to plan or ordinance requiring subdivider to install curbs, gutters or sidewalks - Exceptions

Notwithstanding this part and part 2 of this chapter to the contrary, no municipality or regional planning commission shall adopt any plan, ordinance or rule which would require a subdivider, whose proposed subdivision is outside the corporate limits of any municipality located within the regional planning district, to install curbs, gutters, or sidewalks, unless both public water and sewage systems are to be made available within eighteen (18) months after the subdivider requests approval of the subdivider's plan of subdivision. This section shall not apply to counties having the following populations according to the 1970 federal census or any subsequent federal census:
not less than
nor more than
276,000
277,000
700,000
800,000
or to counties with a metropolitan form of government.
Acts 1978, ch. 942, §§ 1, 2; T.C.A., § 13-717.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 3 - MUNICIPAL ZONING OUTSIDE BOUNDARIES (§§ 13-7-301 — 13-7-306) › Section 13-7-302 - Establishment of zones or districts outside municipality

Power is hereby granted to the chief legislative body of any municipality to establish by ordinance zones or districts in territory adjoining but outside of such municipality and lying within planning regions in which the municipal planning commission has been designated as the regional planning commission under §
13-3-102
, and in which territory the county has no zoning already in force; provided, that prior to final enactment of such ordinance, six (6) months' notice of intent shall have been filed with the county mayor of the county or counties within which the municipality and/or region lies. Within such zones or districts, the municipality may, by ordinance regulate the location, height, bulk, number of stories and size of buildings and other structures, the percentage of lot occupancy, the required open spaces, the density of population and the uses of land, buildings, and structures.
Acts 1959, ch. 217, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 13-711; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 3 - MUNICIPAL ZONING OUTSIDE BOUNDARIES (§§ 13-7-301 — 13-7-306) › Section 13-7-303 - Notice of intent to adopt ordinance - Zoning plans - Public hearing - Notice by publication

Before adopting the regional ordinance covering territory outside the municipality and which is not then zoned by the county, the county mayor shall be given at least six (6) months' notice of the interest and intent of the municipality to adopt such ordinance. A letter signed jointly by the mayor of such municipality and the chair of the regional planning commission and delivered to the county mayor by registered or certified mail shall be considered sufficient notice. Upon preparation of the zoning plan by the regional planning commission and certification of same to the chief legislative body of the municipality, the chief legislative body shall hold a public hearing thereon, at leasttwenty-one (21) calendar days' notice of the time and place of which shall be published in the official municipal journal or in a newspaper of general circulation in the affected region.
Amended by 2024 Tenn. Acts, ch. 701,s 4, eff. 7/1/2024.
Acts 1959, ch. 217, § 2; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 13-712; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 3 - MUNICIPAL ZONING OUTSIDE BOUNDARIES (§§ 13-7-301 — 13-7-306) › Section 13-7-304 - Board of appeals - Creation - Members, appointment - Terms

In adopting the regional zoning ordinance, the chief legislative body of the municipality shall create a board of zoning appeals consisting of three (3) or five (5) members, a majority of whom shall be residents of the territory subject to the regional zoning provisions, and who shall be appointed for terms of such length and so arranged that the term of one (1) member shall expire each year.
Acts 1959, ch. 217, § 3; T.C.A., § 13-713.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 3 - MUNICIPAL ZONING OUTSIDE BOUNDARIES (§§ 13-7-301 — 13-7-306) › Section 13-7-305 - Application of part 2 of this chapter

The terms of the municipal zoning regulations as appearing in part 2 of this chapter shall apply except as specifically otherwise provided in this part.
Acts 1959, ch. 217, § 4; T.C.A., § 13-714.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 3 - MUNICIPAL ZONING OUTSIDE BOUNDARIES (§§ 13-7-301 — 13-7-306) › Section 13-7-306 - Effect of adoption of county zoning

In any county in which regional zoning has been adopted under this part, whenever the county legislative body adopts county zoning to cover at least such regional area and has provided for the administration and enforcement thereof, then and thereby the zoning provided for such regional area under this part is automatically superseded and repealed.
Acts 1959, ch. 217, § 5; 1963, ch. 374, § 1; 1967, ch. 11, § 1; 1970, ch. 535, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 13-715.