Belle Meade City Zoning Code

14-208 Board

Of Zoning Appeals

Jurisdiction: The board of zoning appeals shall have such duties, powers, and authority as are set forth in this chapter and Tennessee Code Annotated §§13-7-201 to 207.
Administrative review: The board may hear and decide questions arising from a decision or determination made by any administrative official in the enforcement or application of this chapter or from the refusal, granting or revocation of any permit under the provisions of this chapter brought before the board of zoning appeals on appeal by any person deeming to be adversely affected by such action.
Variances: As to any piece of property existing as a separate lot or tract as of the date of adoption of this ordinance, the board of zoning appeals shall have power and authority to approve variances from the strict application of this chapter, where, by reason of exceptional narrowness, shallowness, exceptional topographic conditions, or other extraordinary and exceptional situation or condition of a specific piece of property, the strict application of the zoning ordinance would result in practical difficulties to or exceptional or undue hardship upon the owner of such property, provided that such relief may be granted without detriment to the public good and without substantially impairing the intent and purpose of the zoning ordinance of the City, and such resulting construction will not be out of harmony with other homes in the neighborhood.
Conditional Uses: The board of zoning appeals may hear and decide requests for conditional use permits, which shall also be construed as synonymous with special exceptions as defined in T.C.A. §13-7-206. The grant of any conditional use permit shall be subject to such conditions and safeguards as the board may require for the protection of the character of the community, including but not limited to provisions for vegetative screening, controls on lighting, a finding by the board that the conditional use will not interfere substantially with the use and enjoyment of their property by adjacent owners and a finding that the proposed use also meets all specific standards for such use found in this chapter and in Appendices A-F.
Procedure:
1. The board of zoning appeals shall take no action in any case until after notice and public hearing. The presence of four (4) members shall constitute a quorum. The concurring vote of a majority of the board of zoning appeals present at any meeting shall be necessary to reverse or modify any order, requirement, or decision of the city building official or the city manager, or to decide in favor of the appellant in any matter upon which the board of zoning appeals is required or authorized to pass, to affect any variation or to grant any variance. Any person entitled to notice and hearing by the provisions of this chapter may indicate in person or in writing their support for, or opposition to, the relief sought by the property owner involved.
2. Notice of a hearing before the board shall be in writing, mailed to the owner or their agent or other appellant at the address given on the appeal and to directly affected property owners or their agents, and the occupants where same is not owner occupied, at least five (5) days prior to the date set for such proposed hearing, in such manner as the board in its rules of procedure may prescribe. The board of zoning appeals may establish by rule measures to provide additional notice to directly affected property owners or their agents, and the occupants where same is not owner occupied.
3. A notice of the pending hearing and of the relief sought shall be posted by the city building official on the property affected at least ten (10) days before the scheduled hearing. The board of zoning appeals shall and is hereby authorized to adopt such rules and regulations as it may deem necessary and appropriate to carry into effect the provisions of this chapter.
4. Limitations on board authority: Notwithstanding the foregoing, the board of zoning appeals shall have no authority to grant any appeal or other matter upon which it is required to pass under this chapter if the planning director, building official, or city manager certifies that the property owner seeking approval is in default in its compliance with any prior orders of the board of zoning appeals respecting the property in question, as evidenced by the minutes of the board of zoning appeals and/or plans approved by the board of zoning appeals and on file with the City, unless and until there shall have been full compliance with such orders.

HISTORY
Repealed & Replaced by Ord. 2024-14 on 9/18/2024

2024-14

Belle Meade City Zoning Code

14-208 Board

Of Zoning Appeals

Jurisdiction: The board of zoning appeals shall have such duties, powers, and authority as are set forth in this chapter and Tennessee Code Annotated §§13-7-201 to 207.
Administrative review: The board may hear and decide questions arising from a decision or determination made by any administrative official in the enforcement or application of this chapter or from the refusal, granting or revocation of any permit under the provisions of this chapter brought before the board of zoning appeals on appeal by any person deeming to be adversely affected by such action.
Variances: As to any piece of property existing as a separate lot or tract as of the date of adoption of this ordinance, the board of zoning appeals shall have power and authority to approve variances from the strict application of this chapter, where, by reason of exceptional narrowness, shallowness, exceptional topographic conditions, or other extraordinary and exceptional situation or condition of a specific piece of property, the strict application of the zoning ordinance would result in practical difficulties to or exceptional or undue hardship upon the owner of such property, provided that such relief may be granted without detriment to the public good and without substantially impairing the intent and purpose of the zoning ordinance of the City, and such resulting construction will not be out of harmony with other homes in the neighborhood.
Conditional Uses: The board of zoning appeals may hear and decide requests for conditional use permits, which shall also be construed as synonymous with special exceptions as defined in T.C.A. §13-7-206. The grant of any conditional use permit shall be subject to such conditions and safeguards as the board may require for the protection of the character of the community, including but not limited to provisions for vegetative screening, controls on lighting, a finding by the board that the conditional use will not interfere substantially with the use and enjoyment of their property by adjacent owners and a finding that the proposed use also meets all specific standards for such use found in this chapter and in Appendices A-F.
Procedure:
1. The board of zoning appeals shall take no action in any case until after notice and public hearing. The presence of four (4) members shall constitute a quorum. The concurring vote of a majority of the board of zoning appeals present at any meeting shall be necessary to reverse or modify any order, requirement, or decision of the city building official or the city manager, or to decide in favor of the appellant in any matter upon which the board of zoning appeals is required or authorized to pass, to affect any variation or to grant any variance. Any person entitled to notice and hearing by the provisions of this chapter may indicate in person or in writing their support for, or opposition to, the relief sought by the property owner involved.
2. Notice of a hearing before the board shall be in writing, mailed to the owner or their agent or other appellant at the address given on the appeal and to directly affected property owners or their agents, and the occupants where same is not owner occupied, at least five (5) days prior to the date set for such proposed hearing, in such manner as the board in its rules of procedure may prescribe. The board of zoning appeals may establish by rule measures to provide additional notice to directly affected property owners or their agents, and the occupants where same is not owner occupied.
3. A notice of the pending hearing and of the relief sought shall be posted by the city building official on the property affected at least ten (10) days before the scheduled hearing. The board of zoning appeals shall and is hereby authorized to adopt such rules and regulations as it may deem necessary and appropriate to carry into effect the provisions of this chapter.
4. Limitations on board authority: Notwithstanding the foregoing, the board of zoning appeals shall have no authority to grant any appeal or other matter upon which it is required to pass under this chapter if the planning director, building official, or city manager certifies that the property owner seeking approval is in default in its compliance with any prior orders of the board of zoning appeals respecting the property in question, as evidenced by the minutes of the board of zoning appeals and/or plans approved by the board of zoning appeals and on file with the City, unless and until there shall have been full compliance with such orders.

HISTORY
Repealed & Replaced by Ord. 2024-14 on 9/18/2024

2024-14

Belle Meade City Zoning Code

14-208 Board

Of Zoning Appeals

Jurisdiction: The board of zoning appeals shall have such duties, powers, and authority as are set forth in this chapter and Tennessee Code Annotated §§13-7-201 to 207.
Administrative review: The board may hear and decide questions arising from a decision or determination made by any administrative official in the enforcement or application of this chapter or from the refusal, granting or revocation of any permit under the provisions of this chapter brought before the board of zoning appeals on appeal by any person deeming to be adversely affected by such action.
Variances: As to any piece of property existing as a separate lot or tract as of the date of adoption of this ordinance, the board of zoning appeals shall have power and authority to approve variances from the strict application of this chapter, where, by reason of exceptional narrowness, shallowness, exceptional topographic conditions, or other extraordinary and exceptional situation or condition of a specific piece of property, the strict application of the zoning ordinance would result in practical difficulties to or exceptional or undue hardship upon the owner of such property, provided that such relief may be granted without detriment to the public good and without substantially impairing the intent and purpose of the zoning ordinance of the City, and such resulting construction will not be out of harmony with other homes in the neighborhood.
Conditional Uses: The board of zoning appeals may hear and decide requests for conditional use permits, which shall also be construed as synonymous with special exceptions as defined in T.C.A. §13-7-206. The grant of any conditional use permit shall be subject to such conditions and safeguards as the board may require for the protection of the character of the community, including but not limited to provisions for vegetative screening, controls on lighting, a finding by the board that the conditional use will not interfere substantially with the use and enjoyment of their property by adjacent owners and a finding that the proposed use also meets all specific standards for such use found in this chapter and in Appendices A-F.
Procedure:
1. The board of zoning appeals shall take no action in any case until after notice and public hearing. The presence of four (4) members shall constitute a quorum. The concurring vote of a majority of the board of zoning appeals present at any meeting shall be necessary to reverse or modify any order, requirement, or decision of the city building official or the city manager, or to decide in favor of the appellant in any matter upon which the board of zoning appeals is required or authorized to pass, to affect any variation or to grant any variance. Any person entitled to notice and hearing by the provisions of this chapter may indicate in person or in writing their support for, or opposition to, the relief sought by the property owner involved.
2. Notice of a hearing before the board shall be in writing, mailed to the owner or their agent or other appellant at the address given on the appeal and to directly affected property owners or their agents, and the occupants where same is not owner occupied, at least five (5) days prior to the date set for such proposed hearing, in such manner as the board in its rules of procedure may prescribe. The board of zoning appeals may establish by rule measures to provide additional notice to directly affected property owners or their agents, and the occupants where same is not owner occupied.
3. A notice of the pending hearing and of the relief sought shall be posted by the city building official on the property affected at least ten (10) days before the scheduled hearing. The board of zoning appeals shall and is hereby authorized to adopt such rules and regulations as it may deem necessary and appropriate to carry into effect the provisions of this chapter.
4. Limitations on board authority: Notwithstanding the foregoing, the board of zoning appeals shall have no authority to grant any appeal or other matter upon which it is required to pass under this chapter if the planning director, building official, or city manager certifies that the property owner seeking approval is in default in its compliance with any prior orders of the board of zoning appeals respecting the property in question, as evidenced by the minutes of the board of zoning appeals and/or plans approved by the board of zoning appeals and on file with the City, unless and until there shall have been full compliance with such orders.

HISTORY
Repealed & Replaced by Ord. 2024-14 on 9/18/2024