December 25, 2024
By: Dwayne Page
A move by the county commission Monday night to halt a study by the planning commission on developing a plan for county-wide zoning fell short.
Four members of the commission, Greg Matthews, Tom Chandler, Jeff Barnes, and Glynn Merriman voted to stop the study, but five members, Tony Luna, Sabrina Farler, Beth Pafford, Myron Rhody, and Larry Green voted to let the planning commission’s work continue. One member, Tony (Cully) Culwell abstained. Three members were absent, Andy Pack, Mathias Anderson and Daniel Cripps. Susannah Cripps’s position is now vacant with her resignation from the commission.
In September, the county commission voted 11-1 to authorize the county planning commission to begin the process of establishing criteria for zoning in DeKalb County outside the municipalities which already have zoning. But whatever the planning commission recommends, it would have to return to the county commission for a final vote on implementation followed by a public hearing on the issue.
One month later, the county commission adopted the County Powers Act and a set of regulations governing certain land uses including quarries, rock crushers, gravel pits, cryptocurrency mining, landfills, adult entertainment, and methadone clinics not already in operation.
Commissioner Matthews, an opponent of both zoning and the county powers act, made the motion Monday night to ask the planning commission to stop the zoning study since the county has already addressed some concerns raised by the public with adoption of the county powers act.
“We voted and the County Powers Act got passed a couple of months back. Since then, I would like the commission to decide tonight whether the planning commission should proceed with the zoning requirements. We have met the needs we have told the county residents (we would meet). I think we should stop and leave them (public) all the rights they have left. I think the commission should vote tonight either yes to proceed or no to let it die,” said Matthews.
Commissioner Tom Chandler offered a second to the motion.
Commissioner Beth Pafford said asking the planning commission to stop its work on at least doing a study would be a dereliction of duty.
“The planning commission will just be studying and then presenting to this county commission the options for zoning. The county commission has to approve that. The planning commission cannot start and enforce zoning without approval from the county commission. I think it would be a dereliction of duty to not pursue this to see what plan the planning commission comes up with. I do believe zoning helps afford another layer of protection for residents. The reason we see organizations and individuals coming in to take advantage of land here is because there has not been any kind of zoning,” said Pafford.
Commissioner Green said zoning addresses some issues not governed by the county powers act.
“There are some things the county powers act cannot do. We have had at least two developments including one in Belk and one on Potts Camp Road where a real estate company came in and bought the land, divided the land up into more than five acres and didn’t come to the planning commission and then sold the property and they walked away. Zoning would stop that because it would have to go before a zoning board to change that,” said Green.
Commissioner Chandler said the county cannot prevent people from making stupid decisions.
“Its buyer beware. You can’t protect people from being stupid. If you are going to buy a piece of property you ought to understand what you can and cannot get with that piece of property. The county commission cannot be spending time on trying to protect people from being stupid,” said Chandler.
During the December meeting of the DeKalb County Regional Planning Commission, Tommy Lee, Director of the Upper Cumberland Development District, who serves as UCDD staff planner and advisor to DeKalb County, said it may take up to 18 months for the planning commission to come up with a zoning recommendation for the county commission to consider
Lee went on to explain the pros of zoning.
“The pros are to protect and enhance property values by not allowing incompatible uses to be located next to each other. We are promoting compatible uses in a zoning ordinance. Preserve neighborhoods. Preserve existing structures, Prevent the mixing of incompatible land uses. An example is an erotic dance club near a school. Technically right now they could go next to each other. Zoning allows potential nuisances to be located away from residential neighborhoods and other sensitive areas. Zoning can provide for better lot arrangement. It can protect recreational areas and open space and conserve environmentally sensitive areas. Zoning can ensure the availability of an adequate number of parking spaces for commercial, industrial, and multi-family residential uses. It can guarantee adequate light, air, and privacy to homes. More importantly, zoning gives the community some control over its land uses, appearance, and quality of life for the future”.
Lee then discussed the cons of zoning.
“Zoning requires that all involved property owners relinquish some of their individual property freedoms for the common good. Zoning can discourage some development in some locations. Zoning can increase the cost of building new structures. Zoning can work against historic mixed use neighborhoods in older communities. To a certain extent, zoning limits the development potential of previously existing land uses and structures that do not conform with zoning standards. Another con is the cost to the community which comes in the form of a code’s enforcement officer. This is mandatory if you have a zoning ordinance. Its not a state law or county law but why would you have a zoning ordinance if you didn’t have a mechanism to enforce it. A codes enforcement officer provides that. Zoning does regulate land use. It tells you what you can and can’t do on your property. Zoning does not regulate the appearance of a structure or a lot. Zoning does not tell you how high your grass has to be. It does not tell you that the shutters on your house have to be a certain color. It also does not regulate construction. That’s what building codes do. Zoning codes are the regulation of land uses. Every parcel in unincorporated DeKalb County, if this passes, would be subject to the zoning ordinance. Parcels that would be exempt from this are those located in the corporate limits of the cities of Smithville, Liberty, Dowelltown, and Alexandria. If you are located inside the municipalities, you are not subject to the county zoning ordinance,” Lee explained.
Using neighboring Cannon County’s zoning ordinance as a model, Lee explained that DeKalb County could have basically four zoning districts: residential, commercial, industrial, and agriculture.
“Districts are land uses that are compatible and you establish criteria for these districts. In neighboring Cannon County there are four districts: residential, commercial, industrial, and agricultural. Residential districts are essentially large or high concentrations of single-family residential homes. For example, Coconut Ridge would be considered an R-1 or residential district. What is typically allowed in a residential district are single family homes, customary home occupations which are uses or businesses that are located in somebody’s house. For example, if you own a beauty shop and run it out of your house or garage. That is considered a customary home occupation. Accessory structures are permitted that are incidental to the primary uses such as single-family residential structures. Examples are pole barns, garages, she sheds, etc. You can allow for more things but if you are talking about a typical R-1 residential district you are talking about single family homes, customary home occupations, and accessory structures. What is not permitted there are duplexes, mobile homes, apartment buildings, businesses, and industries typically but counties can adjust as they see fit,” Lee said.
“The next district is a commercial district. Think where you buy stuff and sell stuff. The traditional big picture of commercial is buying and selling. What would be typically permitted in a commercial district? Businesses, professional services. You can allow apartment complexes in there. Typically, what Cannon County did was allow all commercial businesses except for adult oriented uses. What you must understand also is that if a business is legally allowed by the state of Tennessee you have to allow it to go somewhere in your county which means you can’t zone out a business if the state of Tennessee allows it. Adult oriented businesses, landfills, asphalt plants and things like that must be allowed in the county somewhere but what most communities do with undesirable uses is they put them as a special exception in an industrial zone. Its up to the county to determine what is an undesirable use. If we adopt this zoning ordinance anything that is legal and lawfully existing at the time that you adopt the ordinance is for lack of a better term grandfathered in. Most commercial uses, professional services, churches, semi-public uses are all allowed in a commercial use zone”,” Lee continued.
“The industrial zone is where you manufacture stuff as a permitted use. That is your Tenneco’s, federal moguls, sawmills, etc. Basically, if you are creating or making something that is considered an industrial use. That is the industrial district”.
“Finally, and what we did in Cannon County is make about 95% of the county an agriculture zone. What do we allow in an agriculture zone? Two uses, single family homes and agriculture. We have a caveat in the A-1 district that all other uses not specifically permitted can be brought to the board of zoning appeals and be considered on appeal. If you have a zoning ordinance you must have an appellate process in which a citizen may go and appeal what is laid out in the zoning ordinance and that is called the Board of Zoning Appeals which is typically separate from this board,” said Lee.
At the next meeting, Lee plans to share with the planning commission Cannon County’s zoning ordinance as a possible guide.