Legal Documents of Gatlinburg
Code of Gatlinburg
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Code of Gatlinburg
Title 14 Zoning and Land Use Control
Chapter 3 Flood Damage Prevention Ordinance
Title 14 Zoning and Land Use Control
Chapter 3 Flood Damage Prevention Ordinance
Gatlinburg
Title 14 : Zoning and Land Use Control
Chapter 3 : Flood Damage Prevention Ordinance
14-305 : General provisions.
- Application. This ordinance shall apply to all areas within the incorporated area of the City of Gatlinburg, Tennessee.
- Basis for establishing flood hazard areas. Areas of special flood hazard (one percent (1%) annual chance flood) and additional floodprone areas corresponding to the 500-year floodplain (0.2% annual chance flood) within the City of Gatlinburg, Tennessee shall include all such areas identified by the Federal Emergency Management Agency's "Sevier County, Tennessee and Incorporated Areas" Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM), Community Panel Number(s) 47155C0265E, 0270E, 0330E, 0332E, 0333E, 0334E, 0351E, 0352E, 0353E, and 0356E, dated May 18, 2009. Said FIS and FIRM, along with all supporting technical data, are adopted by reference and declared to be a part of this ordinance. In addition, areas of regulated flood hazard shall also include all 100-year and 500-year flood areas as identified by "Floods on West Prong Little Pigeon River, Dudley Creek, Roaring Fork Creek, Baskins Creek, and Le Conte Creek in the Vicinity of Gatlinburg, Tennessee" a report by the Tennessee Valley Authority, TVA/OECD/FPM-82/20, dated September 1982. Said report is adopted by reference and declared to be a part of this ordinance for use as best available information in connection with these regulations.
- Requirement for development permit. A development permit shall be required in conformity with this ordinance prior to the commencement of any development activities.
- Compliance. No land, structure or use shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations.
- Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this ordinance conflicts or overlaps with another regulatory instrument, whichever imposes the more stringent restrictions shall prevail.
- Interpretation. In the interpretation and application of this ordinance, all provisions shall be:
- Considered as minimum requirements;
- Liberally construed in favor of the governing body; and
- Deemed neither to limit nor repeal any other powers granted under Tennessee statutes.
- Warning and disclaimer of liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside identified flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Gatlinburg, Tennessee or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.
- Penalties for violation. Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance shall constitute a misdemeanor punishable as other misdemeanors as provided by law. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon adjudication therefore, be fined as prescribed by Tennessee statutes, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Gatlinburg, Tennessee from taking such other lawful actions to prevent or remedy any violation. (as added by Ord. #2404, April 2009, and replaced by Ord. #2427, Dec. 2010)
Date Last Updated: 03/23/2022
Codification Date: 03/01/2000
Officials at Date of Last Codification:
Mayor - Mike Werner
Vice Mayor - Mark McCown
Commissioner - Ryan DeSear
Commissioner - Chad Reagan
Commissioner - Kirby Smith
City Manager - Cindy Cameron Ogle
City Attorney - Ronald E. Sharp