(a)

The zoning administrator shall administer and enforce this chapter, except as otherwise provided in this chapter.

(b)

The zoning administrator shall promptly investigate complaints of violations and shall report his findings and actions to complainants. He shall use his best efforts to prevent violations and to detect and secure the correction of violations. If he shall find any section of this chapter is being violated, he shall in writing notify the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall:

(1)

Order discontinuance of the illegal use of land, buildings or structures;

(2)

Order removal of illegal buildings or structures or of illegal additions, alterations or structural changes;

(3)

Order discontinuance of any illegal work being done; and

(4)

Take or cause to be taken any other action authorized by this chapter to ensure compliance with and the prevention of violations of this chapter.

(c)

The zoning administrator shall make a record of all official actions of his office relating to the administration and enforcement of this chapter, including but not limited to written records of all complaints and actions taken with regard thereto, all violations discovered with actions taken thereto and the final disposition of all such matters.

(Code 1981, app. A, art. II, § 1(A), (B); Code 1998, § 114-37; Ord. No. 6730, § IV, 6-19-2018)

Upon the completion of the construction or alteration of a building or structure for which a building permit has been granted pursuant to section 114-36, application shall be made to the building official for a certificate of occupancy. Within three days of such application, the building official shall make a final inspection of the property in question and shall issue a certificate of occupancy if the building or structure is found to conform to this chapter and the statements made in the application for the building permit. If such a certificate is refused, the building official shall state such refusal in writing, with the cause. No building erected or altered in its use shall be used until such a certificate of occupancy has been granted.

(Code 1981, app. A, art. II, § 1(C); Code 1998, § 114-38)

If any building or structure is erected, constructed, reconstructed, repaired, converted or maintained or if any building, structure or land is used in violation of this chapter, the zoning administrator, building official or any other appropriate authority or any adjacent or neighboring property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent the occupancy of such building, structure or land.

(Code 1981, app. A, art. II, § 2, art. XVII, § 1; Code 1998, § 114-39; Ord. No. 4099, § VIII, 8-1-1995; Ord. No. 6730, § V, 6-19-2018)

A board of zoning appeals is established, to consist of seven members, who may be members of the planning commission. The members shall be appointed by the mayor and confirmed by a majority vote of the board of mayor and aldermen. The terms of membership shall be three years. Vacancies shall be filled for any unexpired term by appointment by the mayor and confirmation by the board of mayor and aldermen.

(Code 1981, app. A, art. II, § 3(A); Code 1998, § 114-66; Ord. No. 7219, § I, 8-5-2025)

State Law reference— Similar provision, T.C.A. § 13-7-106 et seq.

Meetings of the board of zoning appeals shall be held at the call of the chairperson and at such other times as the board may determine. All meetings of the board shall be open to the public. The board shall adopt rules and procedures and shall keep records of applications and actions thereon, which shall be public records.

(Code 1981, app. A, art. II, § 3(B); Code 1998, § 114-67)

(a)

Generally. The board of zoning appeals shall have the following powers:

(1)

Administrative review. To 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 zoning administrator, building official or other administrative official in carrying out or enforcing any section of this chapter and for interpretation of the zoning map and text.

(2)

Conditional uses or special exceptions. To hear and decide applications for conditional uses or special exceptions as specified in this chapter and for decisions on any special questions upon which the board of zoning appeals is specially authorized to pass by this chapter.

(3)

Variances. Except as provided herein to hear and decide applications for variance from the terms of this chapter, because of exceptional narrowness, shallowness or shape of a specific piece of property which on June 16, 1981, was a lot of record or where, because of exceptional topographic conditions or other extraordinary or exceptional situation or condition of a piece of property, the strict application of this chapter would result in peculiar and exceptional practical difficulties to exception or undue hardship upon the owner of such property; provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. In granting a variance the board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in furtherance of the purposes of this chapter. Before any variance is granted, the board must find all of the following, which shall be recorded, along with any imposed conditions or restrictions, in minutes and records and issued in written form to the applicant to constitute proof of the variance:

a.

The specific conditions in detail which are unique to the applicant's land.

b.

The manner in which the strict application of this chapter would deprive the applicant of a reasonable use of the land.

c.

The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption or amendment of this chapter.

d.

Reasons that the variance will preserve, not harm, the public safety and welfare and will not alter the essential character of the neighborhood.

(b)

Granting procedure for variances. Further, a variance may be granted only if the board finds that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning plan and this chapter. Variances shall not be granted:

(1)

Permitting an increase in floor area or density above the maximum permitted by the zoning district;

(2)

Allowing a use other than those specifically authorized by this chapter in the applicable zoning district; or

(3)

From the denial of a zoning permit when such denial is due to the fact that such lot has no frontage on a public street unless such lot was a lot of record on June 16, 1981.

(Code 1981, app. A, art. II, § 3(D); Code 1998, § 114-68; Ord. No. 5868, §§ I, II, 8-4-2009; Ord. No. 6730, § VI, 6-19-2018; Ord. No. 6730, § VI, 6-19-2018)

State Law reference— Similar provision, T.C.A. § 13-7-207 et seq.

(a)

An appeal to the board of zoning appeals may be taken by any person aggrieved or by any governmental officer, department, board or bureau affected by any decision of the building official based in whole or in part upon this chapter. Such appeal shall be taken by filing with the board of zoning appeals a notice of appeal, specifying the grounds thereof. The building official shall transmit to the board all papers constituting the record upon which the action appealed was taken. The board shall fix a reasonable time for the hearing of the appeal, shall give public notice thereof, as well as due notice to the parties in interest, and shall decide the appeal within a reasonable time. At the hearing any person or party may appear in person or by agent or by attorney.

(b)

A fee, to be set by resolution of the board of mayor and aldermen, shall accompany each appeal.

(Code 1981, app. A, art. II, § 3(C); Code 1998, § 114-69)

The board of zoning appeals shall not possess the jurisdiction to grant a variance to permit a use of any land, building or structure which is not permitted by this chapter in the zone in question.

(Code 1981, app. A, art. II, § 3(E); Code 1998, § 114-70)

For the purpose of this division, a variance applies to the property for which it is granted, and not the individual who applied for it. A variance runs with the land and is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site.

(Code 1981, app. A, art. II, § 3(F); Code 1998, § 114-71)

(a)

The aggrieved party, against whom the decision of the board of zoning appeals is made, may have a review of the decision of the board of zoning appeals by petition for a common law writ of certiorari, addressed to either the law court or chancery court in the county. Such petition shall be filed within 60 days from the date the decision of the board of zoning appeals is made and written notice thereof given the aggrieved party.

(b)

Immediately upon the grant of the writ of certiorari and service thereof, the secretary of the board of zoning appeals shall cause to be made, certified and forwarded to such court a complete transcript of the proceedings in the cause by the board of zoning appeals.

(c)

The action may be reviewed by either the law court or the chancery court in which the petition for certiorari is filed and shall be heard solely upon the transcript of the proceedings before the zoning appeal board, and neither party shall be entitled to introduce new evidence in such court.

(d)

Any party dissatisfied with the decree of the court hearing the cause may, upon giving bond as required by law, take an appeal, as is made and provided by law, where the case shall be heard upon the transcript of the record from the court in which the cause is heard.

(Code 1981, app. A, art. II, § 3(G); Code 1998, § 114-72)

This division sets forth the content and procedures for submission, review and approval of all development plans required in this chapter, unless other procedures or contents are specified elsewhere in this chapter. The intent of this division is to recognize that public necessity requires that the conversion of open land to developed land or the redevelopment of urban land be preceded by plans that can be reviewed for compliance with community needs. Such changes may be reviewed under the land subdivision regulations (on file in the clerk's office), other local laws or the provisions established in this division for zoning development plans.

(Code 1981, app. A, art. XII, § 1; Code 1998, § 114-101)

When this chapter or planning commission action, taken under this chapter, requires a development plan, no building permit shall be issued until such development plan is approved by the planning commission and its approval is certified to the building official. Such plan shall then limit and control the issuance of all building and occupancy permits, and restrict the construction, location and continuing use of all land, structures and other facilities, to the conditions as set forth in the plan.

(Code 1981, app. A, art. XII, § 2; Code 1998, § 114-102)

Under this chapter, development plans shall be required as described in the following:

(1)

Certain districts require commission approval. As required in this chapter, applications for a B-4P district, planned development (PD), planned village district (PVD), MX district, BC district, and development plans in any district where a change or amendment in zoning is made require approval of preliminary or final zoning development plans by the commission.

(2)

Development plans that the director may approve. For zones R-3, R-4, R-5, B-2, B-3, P-1, TA, M-1, M1-R and M-2, the director may approve a development plan containing multiple principal structures provided the plan meets all other zoning regulations, requires no variances and the property is zoned appropriately for multiple principal structures prior to submission of the development plan. In addition to the requirements set out in section 114-105, the development plan must also contain the following for director approval: all building footprints (drawn to scale); all proposed landscaping; all proposed driveways, parking spaces, and their dimensions; all proposed HVAC unit locations; location information; property owners name and address; all adjacent public streets; all proposed sign information; and all property lines that contain the tract of land being developed.

(3)

Approved items. Development plans approved, pursuant to subsection (2) of this section, by the director will be presented to the commission for information purposes. If the director denies the development plan, the applicant, within ten days of the denial, may request in writing to have the item placed on the next available commission agenda for approval or denial.

(4)

Building permits. No building permit shall be issued until a final development plan has been approved by the commission or director, as provided in this section.

(5)

Zoning map amendment. The planning commission, at its discretion, may require the submission and approval of a preliminary or final zoning development plan for any zoning map amendment request where the commission finds there are existing or potential substantial flood, drainage, traffic, topographic or other similar problems relating to the development of the property that could have an adverse influence on existing or future development of the property or other property in this neighborhood.

(Code 1981, app. A, art. XII, § 3; Code 1998, § 114-103; Ord. No. 6354, § II, 10-15-2013)

Unless otherwise designated by appropriate sections of this chapter, any preliminary zoning development plan shall contain the following information:

(1)

Community location. A location map sufficient in size and content to quickly relate others to the property's location within the community.

(2)

Plot plan. For the property, the following shall be shown as a plot plan:

a.

Property lines and adjacent uses. The boundary of the property with dimensions and the approximate location of adjoining property and its use and zoning and the nearby location of streets, utilities and any other pertinent features or facilities required by the planning commission.

b.

On-site information. The on-site information to be shown will include topography at five-foot contour intervals or less and the existing and proposed streets, drives, access points, parking and loading areas, walkways, other transportation features, all utilities and easements, screening, landscaping and building ground coverage areas. Elevation drawings of buildings or structures also may be required for sign control or other purposes.

(3)

Legends, notes, tables. The plan also shall contain a legend and title box with ownership, zoning and other appropriate information; tabulations of pertinent data for land area, building area, parking area, number of units, density, etc.; and notes and certifications of various kinds, including if necessary references to soil erosion control plans or other requirements. The plan shall be prepared and signed (with seal) by a registered engineer, architect or land surveyor, as licensed by state law.

(Code 1981, app. A, art. XII, § 4; Code 1998, § 114-104; Ord. No. 6469, § I, 4-7-2015)

Under this division, the final development plan shall contain information as described for the preliminary development plan, except that it also shall include all revision required by the planning commission. The contour intervals shall be five feet or less. Property lines shall carry accurate bearings and dimensions. Other pertinent physical features and easements shall carry accurate dimensions and shall be prepared and signed (with seal) by a registered engineer or architect or land surveyor, as licensed by state law. This plan will be drawn at a scale of not less than one inch equals 50 feet, unless a different scale is specified elsewhere in the text.

(Code 1981, app. A, art. XII, § 5; Code 1998, § 114-105; Ord. No. 4199, § VII, 5-7-1996)

(a)

When a preliminary development plan is required, no review by the planning commission or public hearing shall be given on any zoning map amendment request until the required plan has been submitted to the commission. If the preliminary development plan is disapproved by the commission or if the commission fails to approve or disapprove the plan and the zoning map amendment is subsequently approved by the appropriate legislative body, the commission shall take action on the development plan for the property, which shall be the final development plan.

(b)

Vesting rights shall be in accordance with T.C.A. § 13-3-413 or 13-4-310, whichever is applicable, and as amended from time to time.

(Code 1981, app. A, art. XII, § 6; Code 1998, § 114-106; Ord. No. 4199, § VIII, 5-7-1996; Ord. No. 6456, § I, 12-16-2014)

Editor's note— Ord. No. 6456, § I, adopted Dec. 16, 2014, changed the title of § 114-106 from "Procedures" to read as herein set out.

(a)

Amendments may be made to any zoning development plan only by official action of the planning commission, except that amendments which fully meet the requirements of this chapter may be approved and signed by the director of the planning department without further action by the commission. If any question arises as to compliance, however, or if the proposed use differs from the use notated on the approved zoning development plan, the director shall refer the plan to the commission for action.

(b)

Action by the director of the planning department is intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces. Such amendments must meet the requirements of this chapter. Such amended plans also shall have written on them the exact changes made, and a note for the director's signature shall be added, signifying his approval under this section for the amendments as noted. Any plans approved by the director shall be fully described to the commission at its next meeting and properly entered into the minutes of the meeting.

(Code 1981, app. A, art. XII, § 7; Code 1998, § 114-107)

All zoning development plans for off-premises signs shall contain the following information:

(1)

Community location. A location map drawn at a scale of not less than one inch equals 500 feet and encompassing an area of not less than 2,000 feet from the proposed sign base location as measured in a radius.

(2)

Legends, notes, tables. The legend and title box shall contain the property address, name and address of the sign owner and property owner, height of the proposed sign as constructed, sign area dimensions, method of illumination, and all design and construction materials proposed.

(3)

Required topographic information. Petitioner shall submit topographic information with five-foot contour intervals for an area including a one-mile radius from the proposed sign base.

(4)

Proposed site inspection. The exact site location shall be marked by stakes and clearly visible and ready for inspection by the planning commission 30 days prior to plan submission.

(5)

Required certification. Sign plot plans shall be certified by a registered surveyor or architect lawfully practicing in the state.

(6)

Conformance with other restrictions. All other provisions concerning zoning development plan submission shall also apply as identified within this Code of Ordinances.

(Code 1998, § 114-108; Ord. No. 4519, § 1, 5-5-1998)