4 | 3 | | |
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5 | 4 | | HOUSE BILL 317 |
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6 | 5 | | By Rudd |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | HB0317 |
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10 | 9 | | 000634 |
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11 | 10 | | - 1 - |
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12 | 11 | | |
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13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 13, |
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14 | 13 | | Chapter 7, relative to zoning. |
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15 | 14 | | |
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16 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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17 | 16 | | SECTION 1. Tennessee Code Annotated, Section 13-7-106(b)(5), is amended by |
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18 | 17 | | adding the language "property rights; constitutional rights;" immediately after the language |
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19 | 18 | | "public hearing procedure;". |
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20 | 19 | | SECTION 2. Tennessee Code Annotated, Section 13-7-106(b)(9), is amended by |
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21 | 20 | | deleting the subdivision. |
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22 | 21 | | SECTION 3. Tennessee Code Annotated, Section 13-7-107(a), is amended by deleting |
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23 | 22 | | the subsection and substituting instead: |
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24 | 23 | | (a) |
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25 | 24 | | (1) The county legislative body shall provide and specify, in its zoning or other |
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26 | 25 | | ordinance, general rules to govern the organization, procedure, and jurisdiction of the |
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27 | 26 | | board of appeals, which rules shall not be inconsistent with this part, and the board may |
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28 | 27 | | adopt supplemental rules of procedure, not inconsistent with this part or such general |
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29 | 28 | | rules. |
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30 | 29 | | (2) The general and supplemental rules of procedure shall require: |
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31 | 30 | | (A) Maintenance of a record of the board's proceedings, including |
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32 | 31 | | resolutions, transactions, motions, and actions, which are public records; |
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33 | 32 | | (B) Election from its membership of a chair and other officers as the |
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34 | 33 | | board deems necessary; |
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35 | 34 | | |
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36 | 35 | | |
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37 | 36 | | - 2 - 000634 |
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38 | 37 | | |
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39 | 38 | | (C) The inclusion of written statements of reasons for the board's actions |
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40 | 39 | | as part of each motion, action, and decision, including such findings of fact and |
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41 | 40 | | statements of material evidence as the board may deem pertinent; and |
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42 | 41 | | (D) The presentation of relevant proof by parties to the proceedings. |
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43 | 42 | | SECTION 4. Tennessee Code Annotated, Section 13-7-108, is amended by designating |
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44 | 43 | | the existing language as subsection (a) and adding the following as a new subsection (b): |
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45 | 44 | | (b) Building commissioners and other administrative officials who grant or deny |
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46 | 45 | | building permits shall inform, in writing, the person receiving the grant or denial of the |
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47 | 46 | | person's right to appeal to the board of zoning appeals. |
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48 | 47 | | SECTION 5. Tennessee Code Annotated, Section 13-7-109, is amended by designating |
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49 | 48 | | the existing language as subsection (a) and adding the following as a new subsection (b): |
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50 | 49 | | (b) When issuing a decision of the board of zoning appeals, the board shall |
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51 | 50 | | inform, in writing, the parties to the proceeding of their right to seek judicial review of the |
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52 | 51 | | board's decision pursuant to title 27, chapter 9. |
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53 | 52 | | SECTION 6. Tennessee Code Annotated, Section 13-7-205(b), is amended by deleting |
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54 | 53 | | the subsection and substituting instead: |
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55 | 54 | | (b) |
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56 | 55 | | (1) The chief legislative body shall provide and specify, in its zoning or other |
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57 | 56 | | ordinance, general rules to govern the organization, procedure, and jurisdiction of the |
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58 | 57 | | board of appeals, which rules shall not be inconsistent with this part or part 3 of this |
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59 | 58 | | chapter, and the board may adopt supplemental rules of procedure, not inconsistent with |
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60 | 59 | | this part or part 3 of this chapter or such general rules. |
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61 | 60 | | (2) The general and supplemental rules of procedure shall require: |
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62 | 61 | | (A) Maintenance of a record of the board's proceedings, including |
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63 | 62 | | resolutions, transactions, motions, and actions, which are public records; |
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64 | 63 | | |
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65 | 64 | | |
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66 | 65 | | - 3 - 000634 |
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67 | 66 | | |
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68 | 67 | | (B) Election from its membership of a chair and other officers as the |
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69 | 68 | | board deems necessary; |
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70 | 69 | | (C) The inclusion of written statements of reasons for the board's actions |
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71 | 70 | | as part of each motion, action, and decision, including such findings of fact and |
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72 | 71 | | statements of material evidence as the board may deem pertinent; and |
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73 | 72 | | (D) The presentation of relevant proof by parties to the proceedings. |
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74 | 73 | | SECTION 7. Tennessee Code Annotated, Section 13-7-205(c)(5), is amended by |
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75 | 74 | | adding the language "property rights; constitutional rights;" immediately after the language |
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76 | 75 | | "public hearing procedure;". |
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77 | 76 | | SECTION 8. Tennessee Code Annotated, Section 13-7-205(c)(9), is amended by |
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78 | 77 | | deleting the subdivision. |
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79 | 78 | | SECTION 9. Tennessee Code Annotated, Section 13-7-206, is amended by adding the |
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80 | 79 | | following as a new subsection: |
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81 | 80 | | (c) Building commissioners and other administrative officials who grant or deny |
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82 | 81 | | building permits shall inform, in writing, the person receiving the grant or denial of the |
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83 | 82 | | person's right to appeal to the board of zoning appeals. |
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84 | 83 | | SECTION 10. Tennessee Code Annotated, Section 13-7-207, is amended by |
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85 | 84 | | designating the existing language as subsection (a) and adding the following as a new |
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86 | 85 | | subsection (b): |
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87 | 86 | | (b) When issuing a decision of the board of zoning appeals, the board shall |
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88 | 87 | | inform, in writing, the parties to the proceeding of their right to seek judicial review of the |
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89 | 88 | | board's decision pursuant to title 27, chapter 9. |
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90 | 89 | | SECTION 11. This act takes effect July 1, 2025, the public welfare requiring it. |
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