Special Zoning Provisions

The county legislative body is also authorized to establish a historic zoning commission (T.C.A. § 13-7-401 et seq.), as well as special zones for flood control and solar energy systems. T.C.A. § 13-7-102.  These special zoning statutes, as well as the general zoning statutes, do not apply to land used for agricultural purposes as long as any structures on the land (including residences of farmers and farm workers) are incidental to the agricultural purpose unless the property is near state federal-aid highways, public airports, or public parks.  T.C.A. § 13-7-114.  However, counties participating in the national flood insurance program are required to regulate buildings and development (including those related to agriculture) located within a special flood hazard area (one hundred-year floodplain) to the extent required to comply with the national flood insurance program.  T.C.A. § 13-7-114(c).

Counties are also authorized to include provisions in their zoning ordinances allowing for temporary family healthcare structures as a permitted accessory use in any single-family detached dwellings.  Persons seeking to install such structures are required to obtain a permit from the county and the county is authorized to charge a permit fee of up to $100.  The structures would have to comply with all applicable local codes and ordinances.  No advertising would be allowed on the structure or the property.  Structures would have to removed within 30 days after their use ceases to be necessary.  Local governments are authorized to charge a fine of up to $50/day for failure to timely remove the structure.  Local governments are also authorized to revoke permits and/or seek injunctive relief for noncompliance with the statute.  T.C.A. §§ 13-7-501 through 505.