Mountainboro zoning map OK'd

Sand Mountain Reporter

By Lionel Green
The Reporter

Published December 3, 2009

The Boaz Planning Commission unanimously recommended a plan to zone the recently annexed town of Mountainboro after a 90-minute public hearing Tuesday night at the Boaz Public Library.

Now, the commission’s recommendation will go to the Boaz City Council for consideration. The council is expected to set a date for another public hearing before approving any proposed zoning map for Mountainboro, which was officially annexed into the Boaz city limits on Aug. 14.

During Tuesday’s hearing, commission members listened to a number of concerns and suggestions from residents affected by the plan, which led to an amicable compromise.

The chief concern involved residential property along U.S. 431 roughly south of Gilliland Lane. An initial proposal zoned the property in a business district because of its proximity to 431, but some residents expressed concern because the plan would allow businesses to locate next to their homes.

Some residents also thought their property taxes would increase if their homes were zoned in a business district and felt they were being singled out just because they lived along 431.

One property owner suggested city officials investigate to ensure taxes don’t increase if residential property is zoned in a business district.

The Etowah County Revenue Commission assesses residential and business property at the same rate, so property taxes are not directly affected by zoning districts, a revenue commission official said. The market values of surrounding property are the chief factor in determining appraisal figures for property tax assessments, an official said.

The Boaz Planning Commission responded to resident concerns by recommending the area along U.S. 431 roughly south of Gilliland Lane be placed in a residential district instead of a business district.

The area roughly north of Gilliland Lane along 431 remained in a business district;

Skyhaven Estates was set in a residential district; the areas north of Skyhaven Estates and south of Mountain Drive, west of the railroad tracks, were zoned in agricultural districts; and the remainder of Mountainboro was placed in a residential district, according to the plan.

One of the key elements of the Mountainboro annexation involves the term “grandfathering,” meaning property can continue under its current use. The new zoning map, when approved by the council, will only affect future use.

Boaz city attorney Danny Smith explained, “If you have a parcel zoned B-3 (business) being used for raising cows, you can continue to raise cows so long as that use does not terminate for more than a year.”

The same rule applies for residences in a business district and mobile homes. If a home burns down, Smith said the owner can rebuild the residence and “continue to use the property as the nonconforming use.”

Commission Chairman John Lowery said residents could always apply to the city and request to rezone their property after the zoning map is approved.

“We’re certainly not wanting to do anything to harm anybody’s property,” Lowery said. “It’s what’s in the best interest for the majority of people.”

None of the proposed zoning in Mountainboro specifically allows for the location of mobile homes or mobile home parks. Mobile homes already in Mountainboro are “grandfathered” in and can remain. Mobile homes are allowed on property zoned agricultural as long as there are more than 2 acres, officials said.

Boaz building inspector Don Bouldin said building a mobile home park in Mountainboro would require an application to rezone property and approval by the planning commission, which is not likely judging by the commission’s tendencies of the past.

One resident asked about deannexing from Boaz and annexing into Sardis.

Smith briefly described the procedure, which ultimately involves approval by the city council. That also does not seem likely.

“In the last 16 years only one piece of property has been deannexed in Boaz,” Smith told the resident. “You’re certainly welcome to file a petition.”

Commission member Alan Perry submitted his own zoning plan for Mountainboro, which “basically keeps it the way it’s being used right now.”

“Is that not kind of like spot zoning?” Bouldin asked.

“You can’t spot zone where zones don’t exist,” Perry said.

The commission voted down Perry’s plan, 4-3, with Lowery, Bouldin, John Beck and Kathy Creech casting no votes. Perry, Susan Spruiell and Randall White voted yes. Jerry Don Sims did not vote on the Perry plan.

The hearing was positive for the most part with some residents praising the city of Boaz for its cleanup efforts in Mountainboro since the annexation.

Bouldin reminded residents why zoning is important.

“Zoning is for the protection of the property owners,” Bouldin said. “Without zoning, they could put anything next to you, whether it’s a mobile home or a chicken house.”