Tennessee Code Annotated
Tenn. Code Ann. § 13-7-109 (2026)
Powers of board of appeals
✓ current as of May 2026
The board of appeals has the power to:
- (1) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the county building commissioner or any other administrative official in the carrying out or enforcement of any ordinance enacted pursuant to this part;
- (2) Hear and decide, in accordance with the provisions of any such ordinance, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such ordinance to pass; and
- (3) Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under such sections would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinances.
Acts 1935, ch. 33, § 6; C. Supp. 1950, § 10268.6; T.C.A. (orig. ed.), § 13-409.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1990–2025 · leading case: Ready Mix, USA, LLC v. Jefferson Cnty., Tennessee, 380 S.W.3d 52 (Tenn. 2012).
Ready Mix, USA, LLC v. Jefferson Cnty., Tennessee, 380 S.W.3d 52 (Tenn. 2012). “Further, Tennessee Code Annotated section 13-7-109 grants the board of zoning appeals the power to “[h]ear and decide appeals where it is alleged .”
State Ex Rel. Moore & Assocs., Inc. v. West, 246 S.W.3d 569 (Tenn. Ct. App. 2005). “, Tenn.Code Ann. §§ 13-7-109 (establishing the powers of county boards of zoning appeals); § 13-7-110 (providing for county building commissioner and for the enforcement of zoning regulations through the withholding of building permits); and § 13-7-111 (describing modes of…”
State Ex Rel. Browning-Ferris Indus. of Tennessee, Inc. v. Bd. of Commissioners, 806 S.W.2d 181 (Tenn. Ct. App. 1990). “*193 Section 13-7-109, entitled “Powers of board of appeals” reads as follows in pertinent part: The board of appeals shall have the following powers: (1) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or…”
Downing v. Knox Cnty., Tennessee (E.D. Tenn. 2025). “] Tenn. Code Ann. § 13-7-109 (1). The key language in both statutes is the term “administrative official.”
Gregory Domincovitch v. Wilson Cnty. Bd. of Zoning Appeals (Tenn. Ct. App. 2000). “Tenn. Code Ann. § 13-7-109 (1999). Thus, when the legislature provided for the establishment of a board of zoning appeals, this enabling legislation did not provide for the exercise of legislative power but restricted that power to quasi- judicial or administrative.”
Ready Mix, USA, LLC. v. Jefferson Cnty., Tennessee (Tenn. Ct. App. 2011). “” Tenn. Code Ann. § 13-7-109 provides the powers a board of zoning appeals has including to “ [h]ear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the county building commissioner or any other…”
Richard Keith v. Maury Cnty. Bd. of Zoning Appeals (Tenn. Ct. App. 2019). “1983); see also Tenn. Code Ann. § 13-7-109 (2011) (proscribing the powers of regional boards of zoning appeals).”
Cheatham Cnty., Tennessee v. Cheatham Cnty. Bd. of Zoning Appeals & Randall & Margaret Mooneyhan (Tenn. Ct. App. 2012). “060 or Tenn. Code Ann. § 13-7-109 when granting the variance, and alleged that the Board’s decision to grant the variance was arbitrary, capricious, illegal, and not based on any material evidence.”
Richard A. Demonbreun v. Metro. Bd. of Zoning Appeals (Tenn. Ct. App. 2011). “, Tenn.Code Ann. § 13-7-109 (establishing the powers of county boards of zoning appeals); § 13-7-110 (providing for county building commissioner and for the enforcement of zoning regulations through the withholding of building permits); and § 13-7-111 (describing modes of…”
Odell Binkley v. Metro. Gov't of Nashville & Davidson Cnty., Tennessee (Tenn. Ct. App. 2011). “§ 13-7-206 (a); Tenn. Code Ann. § 13-7-109 (2) with Tenn.”
Wireless Props., LLC v. The Bd. of Appeals for the City of Chattanooga (Tenn. Ct. App. 2009). “, Tenn. Code Ann. §§ 13-7-109 (establishing the powers of county boards of zoning appeals); 13-7-110 (providing for county building commissioner and for the enforcement of zoning regulations through the withholding of building permits); and 13-7-111 (describing modes of…”
Don Brunetti v. Bd. of Zoning Appeals of Williamson Cnty. - Concurring (Tenn. Ct. App. 1999). “Tenn. Code Ann. §13-7-109 gives county zoning appeals boards the authority to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or refusal by any administrative official in the enforcement of any zoning ordinance.”
— Tenn. Code Ann. § 13-7-109(1) — 2 cases
Ready Mix, USA, LLC v. Jefferson Cnty., Tennessee, 380 S.W.3d 52 (Tenn. 2012). “Further, Tennessee Code Annotated section 13-7-109 grants the board of zoning appeals the power to “[h]ear and decide appeals where it is alleged .”
Downing v. Knox Cnty., Tennessee (E.D. Tenn. 2025). “] Tenn. Code Ann. § 13-7-109 (1). The key language in both statutes is the term “administrative official.”
— Tenn. Code Ann. § 13-7-109(2) — 1 case
Downing v. Knox Cnty., Tennessee (E.D. Tenn. 2025). “] Tenn. Code Ann. § 13-7-109 (1). The key language in both statutes is the term “administrative official.”
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