(a) Should the board find and by resolution declare that the construction of a building will substantially destroy the objectives of the official map, the board may delay the granting of a permit for a period not to exceed forty (40) days from the date of adoption of the resolution, during which time the board shall be given a further opportunity to negotiate with the applicant and attempt to reach agreement, to be specified in a permit, as to the location, area, height, character and other details of the proposed construction so that the objectives of the official map may be met.
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Terms Used In Tennessee Code 54-18-215

  • Board: means the board of adjustment required by this part, a board of zoning appeals designated to act as a board of adjustment, a county board of adjustment, and a municipal board of adjustment. See Tennessee Code 54-18-201
  • Building: means any building, structure or improvement of any kind or part of the building, structure or improvement that through erection, construction, reconstruction, addition or alteration in any manner becomes a part of the realty. See Tennessee Code 54-18-201
  • Highway: means any public way or part of the public way, including, but not limited to, a street, avenue, highway, or road. See Tennessee Code 54-18-201
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Resolution: means the form of action of the county legislative body in exercising the powers under this part. See Tennessee Code 54-18-201
(b) During this period, the proper highway officials may also negotiate for the purchase of the property or prepare for condemnation.
(c)

(1) After the expiration of the forty (40) days, the board shall issue the permit unconditionally; or in the event the board refuses to issue the permit upon demand, the applicant may construct the building without the permit required by this part to ensure preservation of property rights.
(2) However, any building costing less than three thousand dollars ($3,000) shall receive a permit to become effective forty (40) days after receipt of the application by the board, and the hearing specified in § 54-18-213 shall not be held in connection with the applications for the permits.
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