TML's Expansion of Design Review Commission is now a Public Chapter: PC1049 Background
TCA, § 6-2-100 authorizes municipalities with mayor/aldermanic forms of government to create a design review commission. Such commissions are authorized to develop general guidelines and procedures for the approval of the exteriors of all nonresidential properties, multiple family residential properties, and any entrance to nonresidential developments within the municipality. This statute further provides that such commissions are subordinate to any municipal planning commission established pursuant to Title 13 of TCA.
In addition, this statute allows any property owner to appeal a decision offered by a design review commission to the municipality's planning commission or, if there is no planning commission, to the entire municipal legislative body.
The substantial growth in Tennessee’s population and economic expansion has significantly increased the workload of municipal planning commissions. Design review commissions allow municipal planning commissions to focus more on their core responsibilities while increasing the direct involvement of citizens in the planning process; affording residents greater input into the look and feel of their community.
Problem
While many municipalities desire to control the aesthetics of their respective communities through the creation of a design review commission, this authority is only granted to those municipalities operating under a Mayor/Aldermanic charter.
The absence of a design review commission places a tremendous burden on planning commissions in municipalities seeking to better regulate a building's or structure's appearance.
Proposed Remedy
Amend Title 6 of TCA to allow any municipality, regardless of charter, to establish a design review commission under the same terms and conditions applicable to municipalities with mayor/aldermanic charters.
Anticipated Benefits to Municipalities
If TCA, Title 6 was amended to allow all forms of municipal government to establish a design review commission, municipalities could increase citizen involvement in planning and better control the aesthetics of their communities; enhancing economic development and improving property values.
