CHAPTER 7

ADMINISTRATION AND ENFORCEMENT SECTION 14-701 BUILDING INSPECTOR The provisions of this Official Zoning Code shall be administered and enforced by a Building Inspector as designated by the McMinnville Board of Mayor and Aldermen. The Building Inspector may be provided with the assistance of such other persons as the McMinnville Board of Mayor and Aldermen may direct. 14-701.1 DUTIES OF THE BUILDING INSPECTOR The Building Inspector shall administer and enforce this Official Zoning Code and in

addition he shall perform the following duties: 14-701.1A Issue all building permits and make and maintain records thereof; 14-701.1B Issue all certificates of occupancy and make and maintain records thereof; 14-701.1C Issue and renew, where applicable and appropriate, all temporary use permits and

make and maintain records thereof; 14-701.1D Maintain and keep current zoning maps, and records of amendments thereto; 14-701.1E Conduct inspections as prescribed by this Official Zoning Code, and such other

inspections as are necessary to ensure compliance with the various provisions of this Official Zoning Code;

14-701.1F Receive, file and forward to the planning commission and the staff planner all applications and site plans for applicable uses, and all applications for amendments to this Official Zoning Code;

14-701.1G Receive, file and forward to the Board of Zoning Appeals and the staff planner all applications for special exceptions, variances or other matters, on which the Board is required to review under the provisions of this Official Zoning Code.

14-701.2 POWERS OF THE BUILDING INSPECTOR

The Building Inspector shall have the following powers: 14-701.2A The power to grant building permits and certificate of occupancy permits; 14-701.2B The power to make inspections of buildings or premises necessary to carry out his

duties in the enforcement of this Official Zoning Code; The Building Inspector or persons engaged by him to perform tests or other duties may enter upon any land within the jurisdiction of the city for the purpose of performing tests, making examinations, or surveys, and placing or removing public notices as may be required by this Official Zoning Code.

SECTION 14-702 APPLICATION OF OFFICIAL ZONING CODE

Except as otherwise provided, no structure or land shall after the effective date of the Official Zoning Code be used and no structure or part thereof shall be erected, made addition to, or moved unless in conformity with the regulations herein specified for the district in which it is located. In their interpretation and application, the provisions of the Official Zoning Code shall be considered minimum requirements adopted for the promotion of public health, safety, convenience, order, prosperity, and general welfare of the community. Where other ordinances or regulations impose greater restrictions than those specified herein, compliance with such other ordinances or regulations is mandatory.

SECTION 14-703 BUILDING PERMITS REQUIRED

14-703.1

It shall be unlawful to commence the excavation for or the construction of any building

or other structure, including accessory structures, to commence the moving of or addition

to any structure, including accessory structures or to commence the filing of land until

the Building Inspector has issued for such work, a building permit containing a statement

that the plans, specifications and intended use of such structure in all respects conform

with the provisions of the Official Zoning Code.

14-703.2

Application for a building permit shall be made in writing to the Building Inspector on

forms provided for that purpose. The Building Inspector may revoke a permit or

approval, issued under the provisions of this Official Zoning Code, in case there has been

any false statement or misrepresentation as to the material fact in the application.

14-703.3 BUILDING PERMIT DOES NOT WAIVE PROVISIONS

The issuance of a building permit shall, in no case, be construed as waiving any provisions of this Official Zoning Code. The Building Inspector may revoke a building permit upon determination that the construction or activity for which the permit was issued is in violation of or not in conformity with the provisions of this Official Zoning Code.

14-703.4 EXPIRATION OF BUILDING PERMIT

Building permits shall be void six (6) months from the date of issue unless substantial progress on the project has been made by that time.

SECTION 14-704 PLOT PLAN REQUIRED

The Building Inspector shall require that every application for a building permit for excavation, construction, moving, or addition for or of a single or two-family dwelling (including mobile homes located on individual lots) shall be accompanied by a plot plan.

14-704.1 REQUIRED CONTENTS OF PLOT PLAN

The plot plan shall show the following in sufficient detail to enable the Building Inspector to ascertain whether the proposed development is in conformance with this Official Zoning Code.

All plot plans shall be reviewed by the Building Inspector and, if necessary, the staff planner. A period of up to ten (10) working days shall be allowed for the review of the plot plan.

14-704.3 APPROVAL OF PLOT PLAN

If the proposed development is found to be in conformity with the provisions of this Official Zoning Code, the Building Inspector shall issue a building permit.

14-704.4 DISAPPROVAL OF PLOT PLAN

If the proposed development is found not to be in conformity with the provisions of this Official Zoning Code, a building permit shall not be issued and the Building Inspector shall state in writing on the application the cause for such disapproval.

SECTION 14-705 SITE PLAN REQUIRED The Building Inspector shall require that every application for a building permit for excavation, construction, moving or addition, except for single and two-family dwellings, shall be accompanied by a site plan or plat of the proposed development.

14-705.1 REQUIRED CONTENTS OF SITE PLAN The site plan or plat shall be prepared to scale by an engineer, architect or other technicalpersonnel approved by the Building Inspector and shall show the following in sufficient detail to enable the Building Inspector to ascertain whether the proposed development is

in conformance with the Official Zoning Code:

14-705.1A Actual shape, location, and dimensions of the lot to be built upon.

14-705.1B Topography of existing and finished grades.

14-705.1C Shape, size, and location of all buildings or other structures to be erected, added

to, or moved and of any buildings or other structures already on the lot.

14-705.1D Existing and intended use of all such buildings or other structures.

14-705.1E Location and design of off-street parking, points of access, off-street loading

areas and of pedestrian circulation.

14-705.1F Location and size of nearest water line, sewer line, fire hydrant, and any other public utilities.

14-705.1G Plans for the provisions of water service, fire hydrants, sewer service and any

other public utilities.

14-705.1H Minimum required front, side and rear yard setback lines.

14-705.1I All easements with dimensions and designated as to type (examples: public

utilities, drainage and public access).

14-705.1J Plans for storm water drainage.

14-705.1K All identified floodable areas; if applicable.

14-705.1L Location and dimensions of all signs.

14-705.1M Location and type of landscape screening, if applicable.

14-705.1N Any other information concerning the lot or adjoining lots as may be necessary

for determining whether the provisions of the Official Zoning Code are observed.

14-705.2 REVIEW OF SITE PLANS

All site plans or plats shall be reviewed by the Building Inspector and the staff planner, and by the appropriate Municipal Department heads (including streets, water and wastewater, electric, fire and police) if deemed necessary due to the nature or extent of the proposed development. A period of up to ten (10) working days shall be allowed forthe review of the site plan.

14-705.3 APPROVAL OF SITE PLANS

If the proposed development is found to be in conformity with the provisions of this Official Zoning Code, the Building Inspector shall issue a building permit.

14-705.4 DISAPPROVAL OF SITE PLANS

If the proposed development is found not to be in conformity with the provisions of this Official Zoning Code, a building permit shall not be issued and the Building Inspector shall state in writing on the application the cause for such disapproval.

No land or building or other structure or part thereof hereafter erected, moved, added to, or changed in its use shall be used until the Building Inspector shall have issued acertificate of occupancy stating that such land, structure, or part thereof is found to be in conformity with the provisions of the Official Zoning Code.

14-706.2

Within seven (7) days after notification that a building or premises or part thereof is

ready for occupancy or use, it shall be the duty of the Building Inspector to make a final

inspection thereof, and to issue a certificate of occupancy, if the building or premises or

part thereof is found to conform with the provisions of the Official Zoning Code, or; if

such certificate is refused, to state the refusal in writing with the cause for such refusal.

SECTION 14-707 BOARD OF ZONING APPEALSESTABLISHMENT AND PROCEDURE

14-707.1 ESTABLISHMENT AND APPOINTMENT

A Board of Zoning Appeals is hereby established in accordance with Sections 13-7-205 through 13-7-207 of the Tennessee Code Annotated. The Board of Zoning Appeals shallconsist of five (5) members, at least one of whom shall be a member of the McMinnville Regional Planning Commission. Members shall be appointed by the Mayor and confirmed by a majority vote of the Board of Mayor and Aldermen. The term of membership shall be five (5) years except that the initial individual appointments to the board shall be for terms of one, two, three, four and five years respectively. Vacancies shall be filled for any unexpired term by the Mayor in confirmation by the Board ofMayor and Aldermen.

14-707.2 CONFLICT OF INTEREST

Any member of the Board of Zoning Appeals who shall have direct or an indirect interest in any property which is the subject matter of or affected by a decision of the Board shall be disqualified from participating in the discussion, decision, and proceedings of the Board in connection therewith. The burden for revealing any such conflict rests with individual members of the Board. Failure to reveal any such conflict shall constitute grounds for immediate removal from the Board for cause.

Any member of the Board of Zoning Appeals, the Building Inspector, or other employee charged with the enforcement of this Official Zoning Code acting for the City of McMinnville in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability and shall be held harmless by the City of McMinnville of any damage that may accrue to persons or property as the result of any act required or permitted in the proper discharge of their duties. Any suitbrought against any Board member, the Building Inspector, or employees charged with the enforcement of any provision of this Official Zoning Code shall be defended by legal representative furnished by the City of McMinnville until the final termination of such proceedings.

SECTION 14-708 BOARD OF ZONING APPEALS:

POWERS AND DUTIES The McMinnville Board of Zoning Appeals shall have the following powers and duties: 14-708.1 ADMINISTRATIVE REVIEW OR INTERPRETATION

The Board of Zoning Appeals shall interpret the Official Zoning Code or Zoning Mapand pass upon disputed questions of lot lines or district boundary lines or similar questions as they arise in the administration of this Official Zoning Code. The Board of Zoning Appeals shall also 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 Building Inspector or any other administrative official in carrying out or enforcing any provision of this Official Zoning Code, or in his interpretation of the zoning map.

The Board of Zoning Appeals may hear and decide only such special exceptions as it is specifically authorized to pass on by the terms of the "Uses Permitted on Appeals" Sections of this Official Zoning Code; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this OfficialZoning Code; or to deny special exceptions when not in harmony with the purpose and intent of this Official Zoning Code.

14-708.2A Application Required

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 the property owners, existing land uses of all adjacent properties, and any other material pertinent to the request which the Board of Zoning Appeals may require.

14-708.2B Application Fee Required

A nonrefundable fee of fifty dollars ($50.00) shall be paid to the City of McMinnville with each application for a request for a special exception from the Board of Zoning Appeals to defray costs of notices, the hearing, and any miscellaneous expenses.

14-708.2C Public Hearing and Notice Required

A public hearing for the purpose of soliciting public comments concerning the application shall be held and public notice shall be given in advance of said hearing. Notice of the public hearing shall be published once in a newspaper ofgeneral circulation prior to the hearing and due notice shall be given to the partiesin interest.

14-708.2D General Provisions Governing Special Exceptions

Before any special exception shall be issued, the Board of Zoning Appeals shall certify compliance with the specific rules governing individual exceptions and that satisfactory provision and arrangement has been made concerning the following general requirements:

1. It is so designed, located and proposed to be operated so that the public health, safety, and welfare will be protected;

2. It will not adversely affect other property in the area in which it is located;

3. It is within the provision of "Uses Permitted on Appeal" as set forth in this Official Zoning Code; and

4. It conforms to all applicable provisions of this Official Zoning Code for the district in which it is to be located.

14-708.2E Conditions and Safeguards

In granting any special exception, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Official Zoning Code. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Official Zoning Code.

The Board of Zoning Appeals has the authority to hear and decide applications forvariances from the terms of this Official Zoning Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Official Zoning Code would result in unnecessary hardship. In exercising itspowers, the Board of Zoning Appeals may, so long as such action is in conformity with the terms of this Official Zoning Code, reverse, affirm, or modify the order, requirement, decision, or determination as set forth in the regulations of this Official Zoning Code, and to that end shall have the powers of the administrative official from whom the appeal is taken.

14-708.3A Application Required

An application shall be filed with the Board of Zoning Appeals for consideration. Said application shall show the location and intended variance of the site, the names of the property owners, existing land uses of all adjacent properties, and any other material pertinent to the request which the Board of Zoning Appeals may require.

14-708.3B Application Fee Required

A nonrefundable fee of fifty dollars ($50.00) shall be paid to the City of McMinnville with each application for a request for a variance by the Board of Zoning Appeals to defray costs of notices, the hearing and any miscellaneous expenses.

14-708.3C Public Hearing and Notice Required

A public hearing for the purpose of soliciting public comments concerning the application shall be held and public notice shall be given in advance of said hearing. Notice of the public hearing shall be published once in a newspaper ofgeneral circulation prior to the hearing and due notice shall be given to the partiesin interest.

14-708.3D General Standards for Variances

In granting a variance, the Board of Zoning Appeals shall ascertain that the following criteria are met:

1. The particular physical surroundings, shape, or topographic conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this Official Zoning Code were carried out;

2. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district;

3. The variance will not authorize in a zoning district activities other than those permitted by this Official Zoning Code;

4. Financial returns only shall not be considered as a basis for granting a variance;

5. The alleged difficulty or hardship has not been created by any person having an interest in the property after the effective date of this Official Zoning Code;

6. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Official Zoning Code to other lands, structures, or buildings in the same district;

7. That variance is the minimum variance that will make possible the reasonable use of the land, building, or structure;

8. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which property is located; and

9. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, orsubstantially diminish or impair property values within the area.

14-708.3E Non-Conformity Does Not ConstituteGrounds for Granting a Variance

No nonconforming use of neighboring lands, structures, or buildings in the samedistrict, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

14-708.3F Prohibition of Use Variances

Under no circumstances shall the Board of Zoning Appeals grant a variance to allow a use not permissible under the terms of this Official Zoning Code in the district involved, or any use expressly or by implication prohibited by the terms of this Official Zoning Code in said district.

14-708.3G Conditions and Restrictions

The Board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the provisions set out in this Official Zoning Code to reduce or minimize the injurious effect to such variation upon surrounding property and better carry out the general intent of this Official Zoning Code. Violations of such conditions and restrictions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Official Zoning Code.

14-708.3H Time Limit Prescribed

The Board of Zoning Appeals shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both, however, in no case shall more than one (1) year pass before the action is begun. Failure to begin or complete, or both, such action within the prescribed time limit shall void the variance.

14-708.3I Variance Appeals

Any person or agency aggrieved by a decision of the Board of Zoning Appeals on a variance may appeal by certiorari to a court of competent jurisdiction. The judgement and findings of the Board on all questions of fact that may be involved in any appeal, cause, hearing or proceeding under this chapter shall be final and subject to review only for illegality or want of jurisdiction.

SECTION 14-709 AMENDMENTS TO ZONING ORDINANCE 14-709.1 PROCEDURE

The regulations, the number, or boundaries of districts established by the Official Zoning Code may be amended, supplemented, changed, modified, or repealed by the Board of Mayor and Aldermen after holding a public hearing, fifteen (15) days notice of which has been given in the local newspaper; but in accordance with Section 13-7-204 of the Tennessee Code Annotated, no amendment shall become effective unless it is first submitted to and approved by the McMinnville Regional Planning Commission, or if disapproved, shall receive a majority vote of the entire Board of Mayor and Aldermen.

expenses.

Any person violating any provisions of this Official Zoning Code shall be guilty of a misdemeanor, punishable as other misdemeanors as provided by law.

SECTION 14-711 REMEDIES

In case any building or other structure is erected, constructed, added to, moved or converted, or any building, structure, or land is used in violation of the Official Zoning Code, the Building Inspector or any other appropriate authority or any adjacent or neighboring property owner who would be specifically damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or appropriate action or proceeding to prevent such unlawful erected, construction, addition, conversion, moving, or use; or to correct or abate such violation; or to prevent occupancy of such building, structure or land.

SECTION 14-712 VALIDITY

Should any section, clause, or provision of this Official Zoning Code be declared by a court of competent jurisdiction to be unconstitutional or invalid, this judgement shall not affect the validity of the Official Zoning Code as a whole or any other part other than the part judged invalid.