§ 17.40.010. Authority and responsibilities.

The zoning administrator is granted the following authority and responsibilities by this title:

A.

Interpretation and Administration. The zoning administrator shall interpret and administer the provisions of this Zoning Code;

B.

Application Processing and Review. The zoning administrator shall process and review applications for all zoning permits and selected final site plans to insure compliance with the provisions of this title and with approvals granted by other departments, commissions and/or boards, as applicable;

C.

Zoning Permits and Certificates of Compliance. The zoning administrator is authorized to issue zoning permits and to certify zoning compliance by the issuance of a certificate of compliance;

D.

Enforcement of this Title. The zoning administrator shall enforce the provisions of this title;

E.

Information and Advisement. The zoning administrator is responsible for informing and advising the general public regarding the provisions of this title;

F.

Recordkeeping. The zoning administrator shall maintain current and permanent records relative to the adoption, amendment, administration and enforcement of this Zoning Code; and

G.

Right of Entry Upon Land. The zoning administrator is authorized to enter upon any land within the jurisdiction of this title in fulfillment of all associated responsibilities and duties.

H.

Construction, Application and Enforcement Consistent with Federal Law. The provisions of this title shall in every instance be construed, applied and enforced in a manner consistent with applicable federal law, including without limitation the Fair Housing Act ("FHA"), 42 U.S.C. § 3601 et seq.; the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132 et seq.; and the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. § 2000cc et seq. Notwithstanding any other provision of this title to the contrary, the zoning administrator shall make reasonable accommodations in the provisions of this chapter and the rules, policies and practices of his office so that rights established or recognized under RLUIPA are protected and handicapped or disabled persons, or providers of housing for handicapped or disabled persons, are not discriminated against and are afforded an equal opportunity to use and enjoy dwellings. Before approving or denying a request for a reasonable accommodation under this chapter, the zoning administrator shall consult with the department of law and consider advice offered by any other metropolitan department having relevant jurisdiction or duties under the Metropolitan Charter or Code of Laws with respect to the request and any conditions that may be necessary to protect public health and safety.

I.

Procedure for Obtaining Reasonable Accommodation.

1.

For purposes of this section "person" shall mean an individual, group or institution. Any person who has a handicap or disability recognized by federal law, provides housing for such a person or whose religious exercise is burdened by a provision of this title, or a representative of any such person, may request in writing a reasonable accommodation as contemplated in this section. The right to request a reasonable accommodation shall be prominently displayed in the public area under the supervision of the zoning administrator and on the publicly accessible portion of any Internet website maintained by the metropolitan government and devoted to local codes enforcement and zoning matters. The zoning administrator shall make, and document in writing, specific findings of fact in support of every decision to grant or deny an accommodation sought under this paragraph and issue a determination within thirty days of the request being made. The zoning administrator's decision shall be reviewable by the board of zoning appeals upon the filing of a notice of appeal by any person or entity aggrieved by the decision. Any appeal brought under this subsection must be in writing and filed with the board of zoning appeals not more than thirty days after issuance of the zoning administrator's decision. Documents comprising the record of any determination made with respect to the grant or denial of a request for an accommodation by the zoning administrator or the board of zoning appeals shall be kept on file for not less than three years from the date of final decision and available for public inspection upon reasonable notice.

2.

The preceding paragraph shall not affect the existing procedures for initially requesting a demolition permit to demolish a structure listed or eligible for listing on the National Register of Historic Places or a structure meeting the criteria of T.C.A. § 7-51-1201 or structure within an historic overlay district. The procedures under Sections 16.28.190 and 17.40.410 shall continue to control the demolition of these historic structures except that the executive director of the historical commission and the historical commission shall make reasonable accommodations in the rules, policies, and practices of their offices concerning the demolition of historic structures so that handicapped or disabled persons or a provider of housing for a handicapped or disabled person are not discriminated against. They shall make, and document in writing, specific findings of fact in support of every decision to grant or deny an accommodation sought under this section. Their decisions shall be reviewable by the board of zoning appeals upon the filing of a notice of appeal by any person or entity aggrieved by the decision. Any appeal brought under this paragraph must be in writing and filed with the board of zoning appeals not more than thirty days after issuance of the their decision. Documents comprising the record of any determination made with respect to the grant or denial of a request for an accommodation by the executive director of the historical commission or the historical commission shall be kept on file for not less than three years from the date of final decision and available for public inspection upon reasonable notice.

3.

The department of law shall advise the zoning administrator, the executive director of the historical commission, the historical commission and the board of zoning appeals concerning their duty to make reasonable accommodations for handicapped or disabled persons.

(Ord. BL2012-313 §§ 1, 2, 2012; Ord. BL2008-333 § 1, 2009; Amdt. 3 with Ord. BL2000-364 § 1 (part), 2000; Ord. 96-555 § 10.1(A), 1997)