MPC Reviewing Crematories

This past Fall a local funeral home received an air quality permit from the State of Tennessee and was issued a building permit by the City of Knoxville to construct a crematory in Fountain City. Nearby residents appealed the decision of the city building official, and the case will be heard by the Knoxville Board of Zoning Appeals later this month. In the meantime, City Council asked MPC to study, analyze, and make recommendations on appropriate siting and permitting of crematories within the city.

The demand for cremation in the United States is steadily growing, but it is not nearly as common as in Europe and Asia. Among U.S. states, Tennessee has one of the lowest rates of cremation, about 16 percent, which is less than half the national average of 34 percent recorded in 2006. Lesser demand means fewer crematories ? a September 2011 report to the City of Spring Hill, TN shows only 45 crematories with approved permits operating in Tennessee. There are no approved crematories currently operating in Knox County.

Many communities are beginning to address these facilities in their zoning ordinances. Examples of cremation facilities being treated as accessory uses, conditional uses, or uses permitted by right can be found in sampled zoning ordinances. (A conditional use is similar to a use permitted on review as defined in the Knoxville zoning ordinance.)

Currently in the City of Knoxville zoning ordinance there is no guidance on how to treat crematories as a land use or structure. There is no specific mention of crematories. They are often associated with cemeteries or mortuaries, however there are no definitions in the zoning code for cemeteries, mortuaries, funeral parlors, or undertaking establishments. The code does specify that cemeteries are allowed as a use-on-review in the A-1, R-1, and EN zone districts; undertaking establishments and funeral homes are allowed by right in the O-1 and C-3 zone districts; parking requirements are established for mortuaries and funeral parlors; and, mortuaries are prohibited as a home occupation.

MPC will examine the current zoning ordinance and make recommendations regarding proposed regulations after reviewing practices from throughout Tennessee and the United States.

MPC staff has scheduled a public meeting to gather citizen input on the issue. It is set for Tuesday, January 10th, 2012 at 5:00 pm in the Small Assembly Room of the City-County Building. Also, an item is listed on the MPC agenda for consideration at its January 12th, 2012 meeting, but staff is recommending postponement to wait for an outcome of the challenge to the City's Board of Zoning Appeals at its January 19, 2012 meeting. After resolution of the appeal, MPC will conduct a public hearing and forward its recommendations to City Council.

Posted 1-05-2012, written by Mark Donaldson