The Board of Zoning Appeals (BZA) is a five‑member citizen board established by Chapter 2‑102 of the Walden Municipal Code and empowered by Tennessee Code Annotated § 13‑7‑207. Members are appointed by the Board of Mayor and Aldermen to staggered five‑year terms. Vacancies are filled only for the remainder of an unexpired term, and members may be removed for cause.
The BZA hears and decides appeals and requests related to the Town’s zoning ordinances. Its duties and procedures are outlined in Article 9 of the Walden Zoning Ordinance.
The BZA meets as needed, and scheduling a meeting may take up to one month. Meetings are called by the Chairman and held at designated locations within the Town.
Powers & Responsibilities
Variances
The BZA may grant variances from area and building site regulations when strict application of the zoning ordinance would result in practical difficulty or unnecessary hardship not caused by the applicant.
A variance may be approved only after a public hearing and only if it does not:
- Reduce light or air to neighboring properties
- Increase fire risks or other hazards
- Lower surrounding property values
- Increase traffic congestion or hazards
- Harm public health, safety, comfort, morals, or general welfare
The Board may impose conditions to protect nearby properties and maintain the integrity of the zoning district.
Appeal of Zoning Decision
An appeal may be filed when:
- A permit is denied by the Hamilton County Building and Zoning Director.
- A permit is granted and a person or entity is aggrieved by that decision.
- An appeal of a granted permit does not pause or suspend the permit unless the appellant provides a bond, in an amount acceptable to the BZA, protecting the permit holder from potential costs or damages if the appeal is unsuccessful.
Appeals must be filed no sooner than 15 days and no later than 30 days from the decision date
Temporary Permits for Certain Nonconforming or Incidental Uses
The Board may issue Temporary Permits for designated nonconforming uses or for uses incidental to development. These permits:
- May be issued for up to one (1) year
- May be renewed by the Board
- May require a cash or performance bond, to be paid for by applicant, to ensure compliance
Remodeling Nonconforming Buildings
The BZA may approve remodeling or reconstruction of a nonconforming building if architect‑prepared plans show the improvements will:
- Improve structural safety
- Improve exterior appearance
- Bring its use and form into closer conformity with neighboring properties
Application Process
Applications shall be made through the office of the Town Recorder. The application shall be accompanied by the following material or other information as requested:
- A complete BZA Variance Application (available in our Document Center)
- Required site plans and any necessary architectural drawings
- Supporting evidence demonstrating the hardship or special circumstances
- Application fee of $100.00
Applications may be mailed, or dropped off at Town Hall or emailed to: info@Waldentn.gov
Once a complete application is received, a public hearing will be scheduled. Notices are published at least 15 days before the hearing and mailed or delivered to all property owners within 100 yards of the subject property.
Helpful Tips for Applicants
- Apply early: BZA meetings may take up to a month to schedule.
- Be specific: Clearly describe the hardship that justifies a variance.
- Provide complete information: Include site plans, building plans, and any details the Board may need.
- Gather supporting evidence: Photographs, expert letters, operational details, or comparable examples strengthen your application.
- Prepare for neighborhood notice: Nearby property owners will receive notice.
For more detailed information, please refer to the Walden Zoning Ordinance, Article 9, Board of Appeals for Variances found in Planning & Development. Applications for the Board of Appeals can be found in Building & Property Permits.
| Tom Cofer | Chairman |
| Doug Torrance | |
| Keith Barry | |
| Peter Hetzler | |
Tom Self |
|