The following information explains some of the requirements for building in Baneberry.

Notice: This webpage is not an official document nor does it include all applicable building code, requirements, ordinances, regulations or references.

This information is provided to answer frequently asked questions. It is important to communicate with the Planning Commission, City Building Official and City Manager early and often.

Two Baneberry Ordinances apply:

• The current edition of the Building Codes
• The current edition of Building Permits and Inspections

Building Permits must be obtained to construct, enlarge, erect, install, alter, repair, replace, convert, change, move, remove or demolish any:

• Building or structure
• Accessory building
• Swimming pool
• Porch / deck
• Fence
• Electrical
• Gas (natural/propane) and fuel oil
• Mechanical
• Plumbing

See notes at bottom of page for ramps and boat docks.

Submit your Building Permit Application (click the link to view/download/print a PDF of the application) and the list of items below to the City Office:

1. Copy of a plot plan showing boundary lines, setback lines, and location of the structure on the lot with certified surveyor’s seal, date, and signature.

2. Copy of approved permit from the Tennessee Department of Environment and Conservation for construction of subsurface sewage disposal system.

3. Copy of building plans/blueprints with sufficient detail and clarity to indicate the nature of the work.

4. If re-platting, a copy of the new approved plat map.

5. Check made out to “The City of Baneberry”

A non-refundable $50 permit fee plus inspection cost of $175 for each inspection will be paid prior to scheduling. A new build requires a minimum of five inspections. Detached garage requires a minimum of three inspections. Owner is responsible for any additional inspection or failed inspection fees at a cost of $175 for each.

Other items to note:

A. The plot/site plan must show method of drainage.

– Builders are NOT permitted to alter roadside ditches from their approved design.

– Long, steep driveways must be properly drained so excess water does not enter the street.

– All drain pipes under driveways must be a minimum of eighteen (18) inches in diameter or larger as specified by an engineer.

B. Houses must have the minimum living area for single-family residences as required by the Sub-division Regulations and Zoning Ordinance.

Lakeland: 1500 sq. ft. for single family; 1000 sq. ft. for condos.

Lands’ End: Lots 1 thru 25: One story – 1650 sq. ft. Two story – 950 sq. ft. on the first floor and a minimum of 1800 sq. ft. total. Lots 26 thru 65: One story – 1500 sq. ft. Two story – 950 sq. ft. on the first floor and a minimum of 1650 sq. ft. total.

Nina Ferry Landing: One story – 1650 sq. ft. Two story – 1200 sq. ft. on the first floor and a minimum of 2300 sq. ft. total.

The minimum living area does NOT include garages or porches.

C. Existing lots must be large enough to accept the building and the required area for the septic system. Newly created lots must be a minimum of 20,000 sq. ft. plus 3000 sq. ft. for each additional unit if building a condo or apartment.

D. If building on an undeveloped street, the City will NOT be responsible for maintenance of the street. However, the City, through its published roads facilitation plan, will aid property owners in paving or improving unimproved or undeveloped streets. Apportionment of costs will be assessed to the property owners on a basis detailed in Baneberry City Ordinance 215-12 (or more recent edition). Contact the Road Commission for information about the facilitation plan.

E. All utility service must be underground from service connection to the house.

F. You may not alter ‘approved’ building plans without further review and approval from the City Building Official.

G. The City Building Official will conduct all plan reviews. (e.g., site plans; floor plan; elevations; section cuts; foundation plan; framing plan, sub-floor plan; roof plan, interior elevation drawings (interior walls); detail drawings; element schedules (such as windows and doors); structural layouts; electrical and telecom drawings; plumbing schematic; HVAC plan, etc.)

H. During the build, a minimum of four (4), on-site inspections shall be conducted by the City Building Official: (1) Footing; (2) Foundation; (3) Framing; and (4) Final. Others, including re-inspection may be necessary. If you call for inspection and are not ready, you may be charged for an additional inspection.

I. No building or structure shall be erected or altered so as to exceed the height limit of thirty-five (35’) feet unless a special permit has been granted by the Board of Zoning Appeals in accordance with the provisions of the Baneberry Zoning Ordinance, City Ordinance 212-5.

J. Set-backs:

Lakeland: Front set back is 55 ft. from the center of the existing street. (25 feet measured from center of existing roadway located the edge of the right of way plus 30 foot additional building setback = 55 feet.) Rear yard, 30 ft.; side yards, 15 ft.

Lands’ End: 30 ft. front: Lots 1-21 & 25-65; 50 ft. for lots 22,23 & 24. 5 ft. rear measured from the 1007 lake countour for lots 1-25 and 25 ft. rear for lots 26-65 ; 10 ft. sides (See Sheet 1 of 3 – Final Plat of Lands End, Cabinet H, Slide 76, Jefferson County Register’s Office.)

Nina Point: 30 ft. front & rear; 15 ft. sides

K. Additions to existing buildings may be no more than 2 stories and no more than 1000 sq. ft. per story. All construction, design and materials must match the existing structure.

Exception: If matching materials are no longer available, materials of like kind may be used if approved by the Planning Commission or the Building Official.

L. All residences to be constructed on said lots shall be completed within one (1) year from the date initial site preparation is commenced, except in unusual cases, where the approval of the Board of Zoning Appeals shall be obtained.

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Call the City Manager at Office Phone: 865-674-0124 with a “start” date prior to starting or for more information.

Refer to current Baneberry City ordinances and resolutions for up-to-date building permit fees and related costs.

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Re-platting: Owners may need to re-plat a parcel of land for various reasons. These include: (1) combining several parcels into a single, larger parcel; (2) dividing a larger parcel into a number of smaller parcels; (3) correcting property lines (boarders); (4) modifying the size and/or shape of a parcel by obtaining or giving up a portion of a parcel; or (5) by gaining or losing a portion of a parcel.

Whatever the reason, this action is accomplished by (1) obtaining a correct survey; obtaining approval by action and signature of the municipalities’ Planning Commission and Zoning Board; and by registering two signed originals of the approved survey with the County Register of Deeds.

A properly prepared re-plat survey will measure at least 11″ x 17″ and will contain the following: A “to-scale” drawing of the affected lots defined by pins; pin locations specified by coordinates; distances between pin locations annotated; building offsets indicated; right of ways illustrated; utility and drainage easements illustrated or explained; a portion of all adjacent lots identified by partial property lines and lot numbers; applicable zoning listed; identification of the surveyor including a current official surveyor’s stamp showing the surveyor’s license number; identification of the subdivision, if applicable; owner(s) identification; legend; north orientation indicator; map scale; illustration and names of adjacent roads / roadways; and the applicable authorization stamps as specified in Baneberry’s Sub-Division Regulation; City Ordinance 211-5.

Seven (7) copies of the re-plat survey are required: Two to be signed by the Planning Commission Secretary and filed with the County Register of Deeds; three (3) for the land owner; and two (2) for the City to be used by the City’s Building Official, City Manager, Road Commission and City Planning as needed.

Lakeside Ramps and Docks: While the City is not involved in the approval process for the construction of lakeside ramps and docks, lakeside owners planning such constructions should obtain the applicable permits from the Tennessee Valley Authority (TVA).

You may also need additional permits from your state’s office of water quality (see links at right) and/or the United States Army Corps of Engineers (USACE). TVA and the USACE have a joint application form for your convenience. You can access that form on the How to Apply page.

Electrical service to ramps and docks should be approved by the Appalachian Electric Cooperative (AEC). A licensed, electrical contractor must obtain a permit from AEC to wire a ramp and/or dock.