Zoning Ordinance

4.17.04. APPROVED SITE PLAN REQUIRED TO DISTURB LAND.

Except as hereinafter provided in Section 4.17.01, it shall be unlawful for any person to alter the grade of any land in such a manner as to change the contours in excess of two feet within ten feet of adjacent land, or in excess of three feet elsewhere, construct any streets, alleys, sidewalks, curbs or gutters, build any retaining walls, construct any off-street parking facility, construct any drain or sewer or change or divert the flow of storm water or natural courses until a site plan has been submitted and approved in accordance with this chapter.

4.17.05. DEVELOPMENT ACCORDING TO SITE PLAN.

It shall be unlawful for any person to construct, erect or alter any building or structure or to develop, change or improve land for which an approved site plan is required by this chapter, except in accordance with the approved final site plan.

4.17.06. PERMITS NOT TO BE ISSUED WITHOUT APPROVED SITE PLANS.

No permit shall be issued to erect or alter any building or structure or alter the grade of any land that is subject to this chapter until that portion and/or section of the required site plan has been submitted and approved in accordance with the provisions of this chapter.

4.17.07. SITE PLAN SUBMISSION.

a. General requirements - The owner or developer shall submit three copies or as many as may be required of his proposed site plan to the Community Development Department twenty-one (21) days prior to his intended date of site alteration. The Community Development Department shall consider the site plan in light of the provisions of this chapter and approve or disapprove same as required, the plans then shall be returned to the owner or his agent with the date of such approval or disapproval noted thereon over the signature of the Director of Public Works, Building Official and Athens Fire Chief or any of their designees.

b. Vested Development Rights- the Tennessee General Assembly enacted Public Chapter No. 686, the "Vested Property Rights Act of 2014” which amends Title 13, Chapters 3 specifically T.C.A. § 13-3-413 regarding the powers of regional planning commissions. As enacted, far-reaching statutory requirements are established relative to development standards and vested property rights for landowners and developers that will affect the ability of cities to establish and update contemporary development standards to guide land use and growth in the future.

Definitions of Vested Property Rights

“Applicant” means a landowner or developer or any party, representative, agent, successor, or heirs of the landowner of developer.

134