Board of Zoning Appeals
Overview The Williamson County Board of Zoning Appeals (B.Z.A.) is comprised of five members appointed by the Board of Commissioners. They meet at 7:00 pm on the 4th Thursday of every month except November. ( No December meeting)
2016-2017 BZA schedule of meetings.
The B.Z.A. has three distinct powers.
- Authorize specific Special Use permits
- Grant variances from the application of certain requirements of the zoning ordinance
- To interpret the ordinance for appeals to the decisions of the enforcing officers
- Dave Ausbrooks, Chairman
Term expires: March 2020
2081 Roderick Cir.
- Stephen Wherley, Vice-Chairman
Term expires: March 2017
204 Brittain Ct.
- Don Crohan, Member/PC Rep.
Term expires: March 2018
7199 Bahne Rd.
- Sue Workman, Member
Term expires: March 2019
128 Meadowgreen Dr.
- Karen Emerson-McPeak, Member
Term expires: March 2021
8227 Haley Rd.
Board of Zoning Appeals
Appointment. The Board of Zoning Appeals of Williamson County, established heretofore in accordance with the Tennessee Code Annotated, is hereby reestablished and confirmed as a Board of five (5) members. Their terms of office, succession, removal, filling of vacancies, and their powers and duties, shall be as provided in the Tennessee Code Annotated. One (1) member, but not more than one (1) member of the Board of Zoning Appeals, may be a member of the Williamson County Commission, and one (1) member, and no more than one (1) member, shall be a member of the Williamson County Regional Planning Commission.
Applications, Appeals, Hearings, and Stay of Proceedings
- Applications. An application is made to the Board of Zoning Appeals in cases where the Board has original jurisdiction under the provisions of this Ordinance. An application may be made by any property owner or contract purchaser, or by a governmental officer, department, board or bureau. The application shall be filed with the Clerk of the Board of Zoning Appeals, with a copy to the Planning Director or a designee.
- Appeals. An appeal to the Board of Zoning Appeals may be made by any person, or by any officer, department, board or bureau of Williamson County aggrieved by any decision of the Planning Director of Building and Codes or a designee. An appeal must be made within thirty (30) days of the decision being appealed by filing a notice of appeal, specifying the grounds thereof, with both the Development Director or a designee and the Board of Zoning Appeals. The Compliance Director or a designee shall forthwith transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.
- Fees. A filing fee to be determined by the Board of Commissioners shall accompany each application or appeal to the Board of Zoning Appeals.
- Hearings. The Board shall fix a reasonable time for the hearing of the application or appeal; shall give at least ten (10) days notice of the time and place of the hearing in a newspaper of general circulation in the County and to the parties in interest and adjacent property owners. At the hearing, any party may appear in person or by agent or attorney.
- Stay of Proceedings. An appeal shall stay all proceedings further the action appealed, unless the Compliance Director or a designee certifies to the Board, after notice of appeal shall have been filed with the Development Director, that by reason of facts stated in the certificate a stay would, in the Director's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted either by the Board of Zoning Appeals or by a court of record, on application, after notice to the Development Director or a designee and on due cause shown.
- Action of the Board. In exercising its powers, the Board may, in conformity with the provisions of statute and of this Ordinance, reverse or affirm, wholly or partly, or may modify, the order, requirement, decision, or determination appealed. The Board may then issue the order, requirement, decision, or determination as ought to be made; to that end the Board shall have all the powers of the officer from whom the appeal is taken.
- Repeated Applications. If an application or appeal is disapproved by the Board of Zoning Appeals, thereafter the Board shall not be required to consider another application or appeal for substantially the same proposal, on the same premises, until one (1) year after the date of disapproval. If an appeal to the Board is perfected and the public hearing advertised, and thereafter the applicant withdraws the application or appeal, the applicant shall be precluded from filing another application or appeal for substantially the same proposal on the same premises for six (6) months.
- Court Review. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Zoning Appeals, or any taxpayer, officer, department, board, or bureau of the County may appeal the same to the Circuit Court of Williamson County. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct. This evidence shall be reported to the court with findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may take action as provided for in TCA 27-9.
Powers of the Board of Zoning Appeals
- Administrative Errors. The Board of Zoning Appeals shall have the power to hear and decide appeals alleging error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Ordinance.
- Special Uses. The Board of Zoning Appeals shall have the power to hear and decide applications for special uses, on which the Board is authorized by this Ordinance to pass. In considering an application for a special use, the Board shall follow the procedures for the review of special uses as described in section 5.01
- Variances. The Board of Zoning Appeals shall have the power to authorize, upon appeal, in specific cases, such variance from the terms of the Ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of the Ordinance will result in unnecessary hardship, and so that the spirit of the Ordinance shall be observed and substantial justice done.