Zoning, building permits and septic rules in Baneberry, Tennessee

Baneberry’s own rules

• Building permitRequired

  Construction, moving or alteration of any building including accessory buildings inside Baneberry city

  • Approval by city building official
  • Certified site plan required
  • City permit page also lists fences, pools, decks, electrical, gas, mechanical, plumbing; prefab above-ground pools need no building permit

  “it is unlawful to commence the excavation for the construction of any building, including accessory buildings, or to commence moving or alteration of any building, including accessory buildings until the baneberry building official has approved issuance of a building permit”

• Building code adoptedAdopted

  Work inside Baneberry city limits

  • Most current editions as adopted by city ordinance
  • Also lists property maintenance code, NFPA-1, ADA standards and model energy code

  “the most current editions, as adopted by baneberry city ordinances of: international residential code for 1- and 2- family dwellings international building code”

• InspectionsRequired

  New construction inside Baneberry city

  • Final inspection on request for certificate of occupancy
  • City permit page says minimum four on-site inspections (footing, foundation, framing, final); permit form says new home minimum 5 inspections, detached garage 3
  • City page states it is not an official document

  inspection fee: 175 USD each (owner pays for additional or failed inspections)

  “within three days of such application, the building official shall make a final inspection of the property in question”

• Certificate of occupancyRequired

  Land or buildings erected or altered in use inside Baneberry city

  • Certified as-built site plan submitted with request
  • City recorder issues certificate after building official inspection

  “no land or building hereafter erected or altered in its use, shall be used until such a certificate of occupancy has been granted.”

• Local zoningPresent

  Land inside Baneberry city limits

  • Authorized under Tenn. Code Ann. 13-7-201 to 13-7-211
  • Zoning map adopted May 3, 1990 is kept at city hall

  “the baneberry zoning ordinance divides the community into districts within which restrictions and limitations are specified; permitted and special uses are established;”

• Zoning districtsPartial

  Baneberry city zoning districts

  • Ordinance text is online; the zoning map is kept at city hall

  “r-1, single family residential district 29-33 r-2, multiple-family residential district 33-34 c-1, commercial/business district 34-35”

• Minimum lot sizeSpecified

  R-1 single family residential district inside Baneberry city (R-2 same as R-1)

  • Depends on water/sewer availability: 25,000 sq ft without city water and sewer; 20,000 with city water only; 13,500 with city water and sewer
  • Columns read from the table header: area, per additional family, width, front, side, rear, max height

  min lot area, no city water or sewer: >= 25000 sq ft · min lot area, city water only: >= 20000 sq ft · min lot area, city water and sewer: >= 13500 sq ft · min lot width: >= 75 ft

  “without city water and sewer 25,000 n/a 75 30 15 30 35 with city water and without sewer 20,000 n/a 75 30 15 30 35 with city water and sewer 13,500 n/a 75 30 15 30 35”

• SetbacksSpecified

  R-1 single family residential district inside Baneberry city

  • Front yard setback is measured per section 810 from street center; subdivision-specific setbacks exist per city permit page

  front yard: >= 30 ft · side yard: >= 15 ft · rear yard: >= 30 ft

  “with city water and sewer 13,500 n/a 75 30 15 30 35 r-2 same as r1 3,000 50 30 8 25 35”

• Building heightSpecified

  R-1, R-2 and C-1 districts inside Baneberry city

  • Maximum height 35 ft per the schedule's last column; city permit page says a special permit from the Board of Zoning Appeals is needed to exceed 35 ft

  maximum height: <= 35 ft (special permit from Board of Zoning Appeals)

  “with city water and sewer 13,500 n/a 75 30 15 30 35 r-2 same as r1 3,000 50 30 8 25 35”

• Living in an RVLimited

  RVs and travel trailers on lots in the R-1 residential district inside Baneberry city

  • Owner RVs may be parked behind the forward-most line of the home, entirely on the lot
  • Never to be used as a residence
  • Visiting RVs permitted up to 7 days

  visiting RV maximum: <= 7 days

  “recreational vehicles, boats, utility trailers, travel trailers, etc., not for commercial use, owned by property owners shall be permitted if they are parked behind the forward-most line of their home completely on their lot and under no circumstances to be used for a residence.”

• Camping on your landLimited

  R-1 residential district lots inside Baneberry city

  • Tents and trailers not permitted on any lot
  • Visiting RVs/travel trailers allowed for a reasonable period not exceeding 7 days

  visiting RV maximum: <= 7 days

  “tents, trailers, portable or move-in buildings shall not be permitted on any lot. visiting r.v.s/travel trailers are permitted for a reasonable period - not to exceed seven (7) days.”

• Septic permitRequired

  New construction with onsite sewage disposal inside Baneberry city

  • City building permit application must include approved TDEC subsurface sewage disposal permit
  • City page states it is not an official document

  “copy of approved permit from the tennessee department of environment and conservation for construction of subsurface sewage disposal system.”

• Subdividing landRegulated (with conditions)

  Subdividing and platting inside Baneberry city

  • Replat requires planning commission and zoning board approval per city permit page

  “ordinance no. 211-5: an ordinance to adopt the revised subdivision regulations of the city of baneberry, tennessee”

• Permit feesPublished

  Building permits inside Baneberry city

  • Plan checking fee equals half the permit fee when plan check is required; building official may waive
  • Owner pays additional or failed inspections at $175 each

  permit fee: 50 USD (non-refundable) · inspection fee: 175 USD each

  “a non-refundable $50 permit fee plus inspection costs. inspections are $175 ea. a new home will have a minimum of 5 inspections.”

• Permit processPublished

  Building permits inside Baneberry city

  • Application on city form to building official or city manager
  • Additional items listed on city permit page

  “the applicant shall submit a site plan certified by a registered surveyor or engineer indicating the location of all: (1) lot lines;”

Rules another office applies inside Baneberry

Baneberry does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Who permits septicState (with conditions)

  Subsurface sewage disposal systems inside Baneberry city; city requires the TDEC permit with its building permit

  • City page states it is not an official document
  • Does not itself state a county or district health department role

  “copy of approved permit from the tennessee department of environment and conservation for construction of subsurface sewage disposal system.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Baneberry or Jefferson County directly.

• Owner-builder exemption — Owner-builders inside Baneberry city
• Minimum dwelling size — Single-family dwellings inside Baneberry city
• Lot coverage — Lot coverage inside Baneberry city
• Tiny homes — Tiny homes inside Baneberry city
• Manufactured homes — Manufactured/mobile homes inside Baneberry city

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.