With the implementation of the County Powers Act, with approved restrictions on where certain businesses could be located and operate, the County Commission began looking into establishing zoning county wide to better help area residents with protections against nuisance businesses and entities coming into the county and setting up operations that may diminish local property values and quality of life. All surrounding counties, and even the City of Smithville, have established zoning regulations, leaving DeKalb County vulnerable to unwanted entities being located next to homes and businesses. 

As a way to help protect county residents, in September the County Commission voted 11-1 to authorize the County Planning Commission to explore setting up zoning outside the local municipalities which already have zoning. The final decision on a zoning plan would only be implemented by the full commission, with the Planning Commission only offering recommendations to the full board.

While many in the public and on the County Commission have touted the need for county zoning, some detractors on the commission tried to kill the measure, even before it had been fully explored. At last week’s regular meeting of the County Commission, Commissioners Greg Matthews, Tom Chandler, Jeff Barnes, and Glynn Merriman voted to stop the study.

Under the County Powers Act, rock quarries, rock crushers, gravel pits, cryptocurrency mining, landfills, adult entertainment, and methadone clinics not already in operation, are restricted to within 5,000 feet of a home or business.

According to Matthews, “We voted and the County Powers Act got passed a couple of months back. Since then, I would like the commission to decide tonight whether the planning commission should proceed with the zoning requirements. We have met the needs we have told the county residents. I think we should stop and leave them all the rights they have left. I think the commission should vote tonight either ‘yes’ to proceed or ‘no’ to let it die.”

Commissioner Chandler seconded the motion.

Commissioner Beth Pafford spoke up saying to stop its work on at least doing a study would be a dereliction of duty. “The planning commission will just be studying, and then presenting to this county commission, the options for zoning. The county commission has to approve that. The planning commission cannot start and enforce zoning without approval from the county commission. I think it would be a dereliction of duty to not pursue this to see what plan the planning commission comes up with. I do believe zoning helps afford another layer of protection for residents. The reason we see organizations and individuals coming in to take advantage of land here is because there has not been any kind of zoning.”

Commissioner Larry also spoke up, saying, “There are some things the county powers act cannot do. We have had at least two developments including one in Belk and one on Potts Camp Road where a real estate company came in and bought the land, divided the land up into more than five acres and didn’t come to the planning commission and then sold the property and they walked away. Zoning would stop that because it would have to go before a zoning board to change that,” said Green.

Commissioner Chandler then spoke up saying the county shouldn’t try to protect residents from making “stupid” decisions. “It’s buyer beware. You can’t protect people from being stupid. If you are going to buy a piece of property you ought to understand what you can and cannot get with that piece of property. The county commission cannot be spending time on trying to protect people from being stupid.”

In the end, Commissioners Tony Luna, Sabrina Farler, Beth Pafford, Myron Rhody, and Larry Green voted to let the planning commission’s work continue, with Tony Culwell abstaining. Commissioners Andy Pack, Mathias Anderson and Daniel Cripps were absent, while Susannah Cripps resigned her seat a week before.