The Board of Zoning Appeals shall consist of three (3) members. Board members shall be appointed by the mayor. Board members shall serve without compensation.

(as added by Ord. #306Ord. #306, Feb. 2024)

The mayor shall appoint one (1) of the members of the board of zoning appeals to serve as the chairman during their term. The chairman of the board of zoning appeals may select one of the members to serve as the vice chairman who shall preside over the meetings of the board of zoning appeals during the absence of the chairman. Of the three (3) members initially appointed, one (1) shall serve for a term of one (1) year, one (1) for a term of two (2) years, and one (1) for a term of three (3) years. At the expiration of the terms of initial appointment, all reappointments or new appointments shall be for a term of three (3) years. The mayor shall be responsible for accepting the resignation of any member of the board of zoning appeals and appointing a replacement. Vacancies shall be filled for unexpired terms in the manner herein provided for initial appointments.

(as added by Ord. #306Ord. #306, Feb. 2024)

A board member with either a direct or indirect interest in property affected by the consideration of the board shall be disqualified from any deliberating and voting in the proceedings on that matter.

(as added by Ord. #306Ord. #306, Feb. 2024)

The board of zoning appeals shall be vested with all of the powers granted to a board of appeals pursuant to Tennessee Code Annotated, § 13-7-207.

A.

Administrative Review: To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, determination or refusal made by the zoning official or other administrative official in the carrying out of enforcement of any provision of this ordinance.

B.

Special Exceptions: To hear and decide applications for special exceptions as specified in this ordinance, hear requests for interpretation of the zoning map, and for decision on any special questions upon which the Municipal Planning Commission is authorized to pass.

C.

Variances: To hear and decide applications.

(as added by Ord. #306Ord. #306, Feb. 2024)

Two (2) board members shall constitute a quorum and concurrence of at least two (2) members shall be necessary to deny or grant any application.

(as added by Ord. #306Ord. #306, Feb. 2024)

In granting a variance, special exception permit, or change to a nonconforming use or structure, the board may impose conditions, restrictions or time limits considered necessary to protect surrounding properties and more effectively carry out the general intent of this section.

(as added by Ord. #306Ord. #306, Feb. 2024)

The board may adopt such rules, regulations and procedures as it may deem necessary to carry into effect the provisions of this section.

(as added by Ord. #306Ord. #306, Feb. 2024)

An application shall be filed with the Board of Zoning Appeals for review. Said application shall show the location and intended use of the site, the names of adjacent property owners, and any other material pertinent to the request which the BZA may require. Application for a building permit shall be made in writing to the Building official on forms provided for that purpose. The application for a building permit for excavation, filling, construction, moving, or alteration, shall be accompanied by a plan or plat drawn to a scale showing the following in sufficient detail to enable the zoning official to ascertain whether the proposed excavation, filling, construction, moving, or alteration is in conformance with this ordinance:

A.

The actual shape, location, and dimensions of the lot to be built upon;

B.

The shape, size, and location of all buildings or other structures to be erected, altered, or moved and of buildings or other structures already on the lot;

C.

The existing and intended use of all such buildings or other structures;

D.

Location and design of off-street parking areas and off-street loading areas. Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this ordinance are being observed.

If the proposed construction or alteration as set forth in the application is in conformity with the provisions of this ordinance, the zoning official shall issue a building permit for such construction. If an application for a building permit is not approved, the zoning official shall state in writing on the application the cause for such disapproval. Issuance of a permit shall in no case be construed as waiving any provisions of this ordinance, and building permits shall be void after six (6) months from date of issue, unless substantial progress on the project has been made by that time.

(as added by Ord. #306Ord. #306, Feb. 2024)

609.1 Application

After written denial of a permit, a property owner may make application for a variance, using the standard form made available by the Board of Zoning Appeals.

609.2 Hearings

Upon receipt of an application and a fee, as set by the Board of Commissioners, the Board of Zoning Appeals shall hold a hearing to decide whether a variance to the ordinance provisions is, in fact, necessary to relieve unnecessary hardships which act to deprive the property owner of the reasonable use of his land. Such hearing shall be preceded by a public notice of the hearing. The board shall consider and decide all applications for variances within forty-five (45) days of such hearing and in accordance with the standards provided below.

609.3 Standards for Variances

In granting a variance, the board shall ascertain that the following criteria are met as outlined in Subsection 3 of Tennessee Code Annotated Section 13-7-207.

A.

Variances shall be granted only where special circumstances or conditions, fully described in the finding of the board, do not apply generally in the district;

B.

Variances shall not be granted to allow a use otherwise excluded from the particular district in which requested;

C.

Variances shall be granted only 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 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.

D.

For reasons fully set forth in the findings of the board, the aforesaid circumstances of conditions are such that the strict application of the provisions of this ordinance would deprive the applicant of any reasonable use of his land. Mere loss of value shall not justify a variance. There must be a deprivation of beneficial use of land.

E.

The granting of any variance shall be in harmony with the general purposes and intent of this ordinance and shall not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the comprehensive plan for development;

F.

In reviewing an application for a variance, the burden of showing that the variance should be granted shall be upon the person applying therefore.

609.4 Action of the Board of Zoning Appeals

In exercising the aforementioned powers, the Board of Zoning Appeals may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination initiating the appeal. The concurring vote of a majority of the board shall be necessary to reverse any order, requirement, decision or determination by the Codes Enforcement Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to authorize any variance from the terms of this ordinance.

609.5 Appeals

Any person or persons, or any board, taxpayer, department, board or bureau of the city aggrieved by any decision of the board of zoning appeals may seek review by a court of record of such decision, in the manner provided by the laws of the State of Tennessee.

(as added by Ord. #306Ord. #306, Feb. 2024)