Wilson County commissioners will now nominate members of the county's Board of Zoning Appeals, taking over that role from County Mayor Randall Hutto.
The commission voted at its Monday, Oct. 19, meeting to assume the nomination power, Main Street Media of Tennessee reported. Previously, Hutto recommended candidates for the zoning appeals board.
Commissioner Jeff Joines cited Tennessee Code Annotated § 13-7-106 as the legal basis for the change.
"T.C.A. code says, 'the legislative body of any county which enacts zoning regulations under the authority of this part shall create a county board of zoning appeals,'" Joines said at the meeting, according to Main Street Media.
Under T.C.A. § 13-7-106, "the county legislative body shall be the appointing power of the members of such board of appeals and may fix their compensation and their terms." The statute also gives the legislative body authority to remove members for cause after written charges and a public hearing.
Vacancies on the board are filled for unexpired terms in the same manner as original appointments, the law states.
The Board of Zoning Appeals handles special exceptions to zoning regulations, boundary line disputes and zoning map interpretations, according to the County Technical Assistance Service at the University of Tennessee. The board can have three, five, seven or nine regular members, plus associate members who can fill in when a regular member is absent or has a conflict of interest.
Under state law, anyone denied a building permit must receive written notice of the right to appeal to the board. The board must also inform parties of their right to seek judicial review of its decisions, according to CTAS.
The vote means commissioners themselves will select future board members rather than acting on the mayor's recommendations. No response from Hutto appears in the Main Street Media report.
