Jefferson County zoning rules – a mystery at best.
Before 1998, there were no rules. Was it like the Wild West? Build anything you wanted, anywhere you wanted it? Suddenly, in 1998, Zoning Resolutions were adopted:
“For the purpose of promoting the Public health, safety, morals, convenience, order, prosperity and general welfare; to provide for the establishment of districts within the boundaries of Jefferson County. . . to regulate, within such districts, the location, height, bulk, number of stories, and size of buildings and structures, the percentage of lot occupancy, the required open space, the density of population, and the uses of land, buildings and structures. . . and to prescribe penalties for the violation thereof.”
It sounds all encompassing and reasonable. Why then have our Zoning and Planning meetings, at least lately, erupted into shouting matches complete with arguments and accusations?
If you read the Zoning Resolutions, you will know why they might lead to a fistfight.
When you buy a house, you probably want to know what can be built next door. If you look at the zoning map, you will find the name of the zones around yours. Perfectly clear. The mystery comes when you look at the Zoning Resolutions to find out specifically what can be built in a zone. The name of the zone that applies to your neighbor’s property may have no relation to what can be built.
For example, how is a bowling alley an Agricultural/Forestry activity? And how is a Payday/Title Loan Business an Industrial activity? Why is a methadone clinic an Industrial use?
And, if someone is going to build next to you, wouldn’t you expect to be notified? That’s not required. If you ask someone involved in zoning, they will tell you that is not required by the state.
So you must protect yourself by seeking out Public Notices and going to meetings. Sometimes, you might want to make a point by speaking at a meeting. If you do so, you should write your speech in advance and practice it while timing yourself. You will have three minutes to get your point across. In defense of the time limit, it forces the speaker to get to the point and be succinct. And it prevents meetings from going on forever and ever by someone who wants to filibuster (unless, of course, that person is on the board). It might be advantageous to everyone if board members were limited to three minutes, too.
Even then, you might find out that the board ignores you and votes in favor of your neighbor or a developer.
Some believe that a person should be allowed to do whatever they want on their own property. It sounds reasonable. But what if that activity allowed affects your right to live in peace? That’s the tricky part. That’s why being a board member is difficult, even on a good day.
It’s best to familiarize oneself with the Zoning Resolutions. Job #1, finding the Resolutions.
Zoning Resolutions can be a bit hard to find. They are located on the Zoning Department’s webpage: https://jeffersoncountytn.gov/zoning/If you look at the Zoning Resolutions, make sure that you also look at the Resolutions listed separately on the same webpage. They are additions to the Zoning Resolutions that are not included in the overall “Zoning Resolutions” document. Also, there may be Resolutions that are not yet posted. No one seems to be able to explain why. It’s best to check with the Zoning Office to be sure.
When you open the Zoning Resolutions, and find the Table of Contents, don’t worry that it starts with Article 8. Those pages were just copied backwards. Go to the next page to find Articles 1-7.
Articles 1-5, 8, and 12 are the things the lawyers require.
If we compare the Resolutions to a meal, Article 6 would be an appetizer, Article 7 would be the recipe and Article 9 would be the main meal.
Article 10 is the bill at the end of the meal. And Article 11 is what to do if you have a complaint.
Go right to the “Main Event,” also known as Article 9. Article 9 is a list of all the uses allowed in each zone. Toward the end of each section are the words that generally strike terror or delight (depending on your point of view) into the hearts of residents and developers. Those words are:
“Uses Prohibited. Any item not specifically noted above, unless the Jefferson County Board of Zoning Appeals deems a proposed use similar to a type listed above.”
The Jefferson County Board of Zoning Appeals (BZA) is an unelected board made up of five mayoral appointments. Terms are four years.
The Jefferson County Regional Planning Commission consists of the BZA members plus two County Commissioners. They meet monthly right after the BZA. Meetings are the 4th Thursday of each month at 6pm.