The University of Tennessee, Knoxville

Tennessee County Municipal Advisory Service

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Development Standards Enforcement

Reference Number: MTAS-1996
Tennessee Code Annotated
Reviewed Date: August 14, 2017
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A vested development standard shall not preclude city enforcement of any development standard when:

  • The city obtains the written consent of the applicant or owner;
  • The city determines, in writing, that a compelling, countervailing interest exists relating specifically to the development plan or property which is the subject of the building permit that seriously threatens the public health, safety or welfare of the community and the threat cannot be mitigated within a reasonable period of time, as specified in writing by the city, by the applicant using vested property rights;
  • Upon the written determination by the city of the existence of a natural or man-made hazard on or in the immediate vicinity of the subject property, not identified in the development plan or building permit, and which hazard, if uncorrected, would pose a serious threat to the public health, safety, or welfare and the threat cannot be mitigated within a reasonable period of time, as specified in writing by the local government, by the applicant using vested property rights;
  • A development standard is required by federal or state law, rule, regulation, policy, corrective action, order, or other type of governance that is required to be enforced by the city, regardless of nomenclature; or
  • A city is undertaking an action initiated or measure instituted in order to comply with a newly enacted federal or state law, rule, regulation, policy, corrective action, permit, order, or other type of governance, regardless of nomenclature. T.C.A.§ 13-4-310(g)(1); T.C.A. § 13-3-413(g)(1).
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