Tennessee § 13-7-202 - Zoning plan.

§ 13-7-202. Zoning plan.

Whenever the planning commission of the municipality makes and certifies to the chief legislative body a zoning plan, including both the full text of a zoning ordinance and the maps, representing the recommendations of the planning commission for the regulation by districts or zones of the location, height, bulk, number of stories and size of buildings and other structures, the percentage of the lot which may be occupied, the size of yards, courts and other open spaces, the density of population, and the uses of buildings, structures and land for trade, industry, residence, recreation, public activities and other purposes, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur, then the chief legislative body may exercise the powers granted and for the purposes mentioned in § 13-7-201 , and may divide the municipality into districts or zones of such number, shape and areas it may determine, and, for such purposes, may regulate the erection, construction, reconstruction, alteration and uses of buildings and structures and the uses of land. Acts 1935, ch. 44, § 2; C. Supp. 1950, § 3407.2; T.C.A. (orig. ed.), § 13-702; Acts 2008, ch. 1150, § 15. Attorney General Opinions. An ordinance or regulation imposing a design standard is valid unless it violates any state statute or positive constitutional guaranty or unless it is “clearly arbitrary, capricious, or unreasonable, having no substantial relation to the public health, safety, or welfare.” Accordingly, whether any given ordinance or regulation requiring the observation of appearance-based residential building design standards for the construction of single family dwellings is valid is a fact-intensive inquiry, the answer to which will depend on the particular facts and circumstances related to the particular community. A given design standard may be reasonable in one community, but not in another. OAG 17-44, 2017 Tenn. AG LEXIS 44 (10/3/2017).