§ 17.40.180. Powers.

The metropolitan board of zoning appeals, also referred to as the "board," shall be vested with the following powers.

A.

Administrative Appeals. Pursuant to Section 13-7-207(1), Tennessee Code Annotated, the board shall hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator or the urban forester in carrying out the enforcement of this Zoning Code, whereby it is alleged in writing that the zoning administrator or the urban forester is in error or acted arbitrarily.

B.

Variances. Pursuant to Section 13-7-207(3), Tennessee Code Annotated, the board shall hear and act upon applications for variances to alleviate hardships created by not being able to comply with this Zoning Code from findings based on the criteria set forth in Section 17.40.370.

C.

Special Exception Use Permits. Pursuant to Sections 13-7-206 and 13-7-207(2), Tennessee Code Annotated, the board shall hear and act upon applications for special exception use permits. The board may reconsider a previously approved special exception use at any time for just cause.

D.

Changes to Nonconforming Uses or Structures. The board shall determine the appropriateness of proposed changes to nonconforming uses or structures.

E.

Right of Entry Upon Land. With just cause, the board may enter upon any land within its jurisdiction to make examinations and surveys and place or remove public notices as required by this Zoning Code.

F.

Reasonable Accommodation. The decision of either the zoning administrator, the executive director of the historical commission, or of the historical commission itself, to grant or deny a handicapped or disabled person or a provider of housing for a handicapped or disabled person, a reasonable accommodation shall be reviewable by the board of zoning appeals upon the filing of a notice of appeal with the board of zoning appeals by any person or entity aggrieved by that decision. The notice of appeal must be filed with the board of zoning appeals no more than thirty (30) days after issuance of the zoning administrator's decision.

(Ord. BL2008-333 § 2, 2009; Ord. 96-555 § 10.6(A), 1997)