44-18-104 - Applicability of zoning requirements and regulations. - Tennessee Statutes

44-18-104. Applicability of zoning requirements and regulations.

(a)  The applicability of zoning requirements is as follows:

     (1)  A zoning requirement shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of the zoning requirements;

     (2)  A zoning requirement shall not apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to the effective date of the zoning requirement;

     (3)  A zoning requirement that is in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979; and

     (4)  A zoning requirement adopted by a city shall not apply to a feedlot, dairy farm or poultry production house that becomes located within an incorporated or unincorporated area subject to regulation by that city by virtue of an incorporation or annexation that takes effect after April 12, 1979.

(b)  A person shall comply with this section as a matter of law where no zoning requirement exists.

(c)  The applicability of regulations shall be as follows:

     (1)  A regulation shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of such regulation;

     (2)  A regulation shall not apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to the effective date of the regulation;

     (3)  A regulation that is in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979; and

     (4)  A regulation adopted by a city shall not apply to a feedlot, dairy farm or poultry production house that becomes located within an incorporated or unincorporated area subject to regulation by such city by virtue of an incorporation or annexation that takes effect after April 12, 1979.

(d)  A person shall comply with this section as a matter of law where no regulation exists.

[Acts 1979, ch. 138, § 4; T.C.A., § 53-6704; Acts 2002, ch. 635, § 2.]