4 | 3 | | |
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5 | 4 | | SENATE BILL 847 |
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6 | 5 | | By Hatcher |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | SB0847 |
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10 | 9 | | 002914 |
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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 4; |
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14 | 13 | | Title 5; Title 6; Title 7; Title 8, Chapter 13; Title 13, |
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15 | 14 | | Chapter 7; Title 62; Title 66 and Title 68, relative to |
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16 | 15 | | zoning. |
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17 | 16 | | |
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18 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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19 | 18 | | SECTION 1. Tennessee Code Annotated, Title 4, Chapter 1, Part 4, is amended by |
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20 | 19 | | adding the following as a new section: |
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21 | 20 | | (a) The executive officer of a state department or agency, or an officer of this |
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22 | 21 | | state, with the authority to approve a license, permit, or certificate necessary for the |
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23 | 22 | | operation of a private business in this state, upon receipt of written notice from the |
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24 | 23 | | zoning authority of a local government that a business operating within the jurisdiction of |
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25 | 24 | | the local government is not in compliance with a zoning ordinance, resolution, or other |
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26 | 25 | | law of the local government, may revoke or suspend such license, permit, or certificate |
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27 | 26 | | of the private business if the written notice provided by the zoning authority: |
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28 | 27 | | (1) Is received by the state department, agency, or officer no later than |
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29 | 28 | | thirty (30) days after the issuance or renewal of the respective license, permit, or |
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30 | 29 | | certificate; and |
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31 | 30 | | (2) Such written notice provides proof satisfactory through documentation |
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32 | 31 | | that the business is not in compliance with the zoning ordinance, resolution, or |
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33 | 32 | | other law. |
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34 | 33 | | (b) A revocation or suspension issued under subsection (a) must be mailed to |
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35 | 34 | | the address of record of the owner of the business, return receipt requested, and |
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42 | 41 | | (c) |
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43 | 42 | | (1) If a zoning authority receives proof satisfactory that the owner of a |
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44 | 43 | | business comes into compliance with the zoning ordinance, resolution, or law |
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45 | 44 | | resulting in the revocation or suspension of a license, permit, or certification, the |
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46 | 45 | | zoning authority shall notify the applicable state department, agency, or officer |
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47 | 46 | | and, upon receipt of such notice, the state department, agency, or officer shall |
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48 | 47 | | reinstate the license, permit, or certificate. |
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49 | 48 | | (2) The owner of a business for which a license, permit, or certificate has |
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50 | 49 | | been revoked or suspended under this section may appeal the revocation or |
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51 | 50 | | suspension in accordance with the Uniform Administrative Procedures Act, |
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52 | 51 | | codified in title 4, chapter 5, part 3. |
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53 | 52 | | (d) If the applicable state department or agency finds proof satisfactory that the |
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54 | 53 | | owner of a business was: |
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55 | 54 | | (1) Not in compliance with the zoning ordinance, resolution, or law upon |
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56 | 55 | | receiving the written notice, the department or agency may charge the owner an |
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57 | 56 | | additional reinstatement fee for reinstatement of the license, permit, or certificate |
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58 | 57 | | in an amount not to exceed the original cost of the license, permit, or certificate; |
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59 | 58 | | or |
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60 | 59 | | (2) In compliance with the zoning ordinance, resolution, or law upon |
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61 | 60 | | receiving the written notice, the department or agency may require the zoning |
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62 | 61 | | authority of the local government to pay the reinstatement fee under subdivision |
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63 | 62 | | (d)(1) for reinstatement of the license, permit, or certificate. |
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64 | 63 | | (e) As used in this section: |
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71 | 70 | | (2) "Zoning authority" means a regional, local, or historic zoning |
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72 | 71 | | commission or board with jurisdiction under state law to enact zoning ordinances, |
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73 | 72 | | resolutions, or laws applicable to a particular local government. |
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74 | 73 | | SECTION 2. Tennessee Code Annotated, Section 66-24-114, is amended by |
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75 | 74 | | designating the existing language as subsection (a) and adding the following as a new |
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76 | 75 | | subsection (b): |
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77 | 76 | | (1) On and after July 1, 2025, a register of deeds shall not record a deed of |
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78 | 77 | | conveyance of real property unless the zoning classification of the property at the time |
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79 | 78 | | the deed is recorded is included. |
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80 | 79 | | (2) The zoning classification must have the following disclaimer: |
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81 | 80 | | The zoning classification included here is the zoning classification at the |
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82 | 81 | | time this deed was recorded. The zoning classification may change at |
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83 | 82 | | any time at the discretion of the local zoning authority. |
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84 | 83 | | SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it. |
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85 | 84 | | Section 1 applies to violations of local zoning ordinances, resolutions, and laws occurring or |
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86 | 85 | | continuing to occur on or after the effective date of this act. |
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