LETTER: Real rules only in zoning administrator’s head

In the course of this, a charge was made that the property owner had built illegal apartments on another parcel she owned in the residential zone. The allegation was that three apartments existed on one five-acre parcel and another two in a barn. Mrs. Fortson then inspected the property.

I became curious as to what constituted an apartment so I read the county zoning definitions. “Article III: Definition of terms: APARTMENT: A suite of two (2) or more rooms and a bath which is designed according to the Southern Building Code and designed or intended for occupancy by one (1) family or one (1) person doing its cooking therein. For zoning purposes, an apartment is regarded as a dwelling unit. A structure containing two (2) apartments is a duplex.” The aforementioned apartments contained all these items, and some even had renters.

I had seen three of the apartments myself, and according to the definition, it seemed clear to me that the alleged illegal apartments would be deemed violations. But they are not! Why? Because: what is written down in the ordinance are not the real rules. The real rules are inside Linda Fortson’s head.

At the zoning office I asked Mrs. Fortson for her inspection results. She said that there were really no big problems. The apartment over the garage has a suite of two or more rooms, a bathroom, a kitchen for cooking and is designed for occupancy for one or more. But it wasn’t an apartment, she said. “It’s an art studio.” Good to know.

Despite having baths and kitchens and bedrooms and occupant, the two apartments in the barn were OK, too, she said. “There are a lot of barns in Madison County that have kitchens in them. It’s a break room,” Mrs. Fortson said. I was so happy to be learning the real definitions. To think, according to the zoning ordinance I thought a duplex had been created!

The apartment adjacent to the house had a suite of two or more rooms, and a bathroom and a kitchen for cooking, and had had renters, but amazingly this was not an apartment either. “It has a door that goes into the house. You could open the interior door from the living room and walk right in. The house came that way,” said Mrs. Fortson. What about the renters living there? I asked.
“They’re houseguests,” Mrs. Fortson said.

I was thrilled to learn how, I, too, can now earn extra income, by building two apartments inside my barn, over my garage, and inside my home. Even after inspection, Mrs. Fortson will allow it, because she knows the real rules.

Sincerely,

Elizabeth Prata

Comer