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East Ridge board reviews zoning appeals authority, sign standards and HPR during continuing education
Summary
Members reviewed sections of the city ordinance that delegate variance and appeals authority to the board, discussed on-premise sign standards and the use of a horizontal property regime in a recent cottage-home proposal, and revisited a past conditional permit for a cell tower.
During a continuing-education portion of the meeting, the East Ridge board reviewed portions of the city ordinance that define the scope of the board of zoning appeals and delegated authorities for variances and appeals.
The presiding Councilor read from handouts and noted the board has authority, in appropriate cases and after public notice and hearing, to permit extensions of existing buildings and certain alterations and enlargements. “There’s a whole series of items that are outside the normal variance that we are entitled by ordinance to review,” the Councilor said.
Michael, the city planning staff member, explained that the Fountain Avenue cottage homes will use a horizontal property regime (HPR) under the Tennessee Condominium Act and summarized practical implications: “When you utilize something like that, it requires a HOA … the owner of that property owns nothing but what's underneath the foundation to the sky. The rest of the property is maintained by a third party.” Michael also said some building-code treatments change for attached units that sit closer than three feet to adjacent structures and may require rated walls with no openings on those sides.
The Councilor and staff recalled an earlier, contentious conditional-permit application for a cell tower that was handled before the city attorney later removed some of that review from the board’s purview. The Councilor said the board had once met to decide such an application and later the city attorney “got it out from under our purview.”
The board also discussed authority to grant on-premise sign variances — not off-premise billboards — on recommendation of the city manager or designee. The Councilor stated the board can grant variances related to yard requirements, percentage of lot coverage, architectural style and landscaping, among other items listed in the ordinance handout.
No formal land-use decisions or ordinance adoptions occurred during this training segment. Near the end of the meeting the Councilor moved to adjourn; the motion was seconded and the board voted in favor.
The discussion combined review of ordinance language, practical effects for developers using HPR, and historical context about the board’s changing remit for certain conditional permits.
