Legal Documents of Gatlinburg
Code of Gatlinburg
Title 14 Zoning and Land Use Control
Chapter 3 Flood Damage Prevention Ordinance
14-307 : Provisions for flood hazard reduction.
- General standards. In all flood hazard areas, the following provisions are required:
- New construction and substantial improvements shall be anchored to prevent flotation, collapse and lateral movement of the structure;
- Manufactured homes shall be installed using methods and practices that minimize flood damage. They must be elevated and anchored to prevent flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State of Tennessee and local anchoring requirements for resisting wind forces;
- New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;
- New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage;
- All electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
- New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
- New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;
- On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;
- Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this ordinance, shall meet the requirements of "new construction" as contained in this ordinance;
- Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provision of this ordinance, shall be undertaken only if said non-conformity is not further extended or replaced;
- All new construction and substantial improvement proposals shall provide copies of all necessary federal and state permits, including section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 USC 1334;
- All subdivision proposals and other proposed new development proposals shall meet the standards of § 14-307(2);
- When proposed new construction and substantial improvements are partially located in a flood hazard area, the entire structure shall meet the standards for new construction;
- When proposed new construction and substantial improvements are located in multiple flood hazard risk zones or in a flood hazard risk zone with multiple flood elevations, the entire structure shall meet the applicable standards for the most hazardous flood hazard risk zone and the highest flood elevation.
- Specific standards. In all flood hazard areas, the following provisions, in addition to those set forth in § 14-307(1), are required:
- Residential structures. Within all flood hazard areas where flood elevation data is available; all new construction and/or substantial improvement of any residential building (including manufactured homes) or other buildings utilized for overnight accommodations/occupancy shall have the lowest floor, including basement, elevated at least to or above the greater (highest elevation) of:
- One foot (1') above the base flood elevation as established by the applicable FIRM and FIS; or
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The "With (500-year) Floodway, Water Surface Elevation" as established by the adopted TVA Flood Report, TVA/OECD/FPM-82/20, when provided; or one foot (1') above the 500-year flood elevation where "With Floodway" elevations are not provided by said report.
Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate equalization of flood hydrostatic forces on both sides of exterior walls shall be provided in accordance with the standards of this section: "Enclosures."
Within flood hazard areas where flood elevations have not been established and where alternative data is not available, the administrator shall require the lowest floor of a building to be elevated to a level of at least three feet (3') above the highest adjacent grade (as defined in § 14-304). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate equalization of flood hydrostatic forces on both sides of exterior walls shall be provided in accordance with the standards of this section: "Enclosures."
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Non-residential structures. Within all flood hazard areas where flood elevation data is available, new construction and substantial improvement of any commercial, industrial, or non-residential building, shall have the lowest floor, including basement, elevated or floodproofed to no lower than one foot (1') above the level of the base flood elevation (100-year flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate equalization of flood hydrostatic forces on both sides of exterior walls shall be provided in accordance with the standards of this section: "Enclosures."
Within flood hazard areas where flood elevations have not been established and where alternative data is not available, new construction and substantial improvement of any commercial, industrial, or non-residential building, shall have the lowest floor, including basement, elevated or floodproofed to no lower than three feet (3') above the highest adjacent grade (as defined in § 14-304). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate equalization of flood hydrostatic forces on both sides of exterior walls shall be provided in accordance with the standards of this section: "Enclosures."
Non-residential buildings located in all flood hazard areas may be floodproofed, in lieu of being elevated, provided that all areas of the building below the required elevation are watertight, with walls substantially impermeable to the passage of water, and are built with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A Tennessee registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the administrator as set forth in § 14-306(2).
- Enclosures. All new construction and substantial improvements that include fully enclosed areas formed by foundation and other exterior walls below the lowest floor that are subject to flooding, shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.
- Designs for complying with this requirement must either be certified by a Tennessee professional engineer or architect or meet or exceed the following minimum criteria:
- Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;
- The bottom of all openings shall be no higher than one foot (1') above the finished grade;
- Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
- The enclosed area shall be the minimum necessary to allow for parking of vehicles, storage or building access.
- (skipped)
- The interior portion of such enclosed area shall not be finished or partitioned into separate rooms in such a way as to impede the movement of floodwaters and all such partitions shall comply with the provisions of § 14-307(2).
- Designs for complying with this requirement must either be certified by a Tennessee professional engineer or architect or meet or exceed the following minimum criteria:
- Standards for manufactured homes and recreational vehicles.
- All manufactured homes placed, or substantially improved, on:
- Individual lots or parcels;
- In expansions to existing manufactured home parks or subdivisions; or
- In new or substantially improved manufactured home parks or subdivisions, must meet all the requirements of new construction.
- All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that either:
- The lowest floor of the manufactured home is elevated on a permanent foundation in accordance with subsection (2)(a) (residential structures) of this section in all flood hazard areas with flood elevations; or
- In flood hazard areas without flood elevations, the manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least equivalent strength) that are at least three feet (3') in height above the highest adjacent grade (as defined in § 14-304).
- Any manufactured home, which has incurred "substantial damage" as the result of a flood, must meet the standards of § 14-307(1) and (2).
- All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
- All recreational vehicles placed in an identified flood hazard area must either:
- Be on the site for fewer than one hundred eighty (180) consecutive days;
- Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or
- The recreational vehicle must meet all the requirements for new construction.
- All manufactured homes placed, or substantially improved, on:
- Standards for subdivisions and other proposed new development proposals. Subdivisions and other proposed new developments, including manufactured home parks, shall be reviewed to determine whether such proposals will be reasonably safe from flooding.
- All subdivision and other proposed new development proposals shall be consistent with the need to minimize flood damage.
- All subdivision and other proposed new development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
- All subdivision and other proposed new development proposals shall have adequate drainage provided to reduce exposure to flood hazards.
- In all flood hazard areas require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than fifty (50) lots or five (5) acres, whichever is the lesser, include within such proposals flood elevation data (see § 14-307(5)).
- Residential structures. Within all flood hazard areas where flood elevation data is available; all new construction and/or substantial improvement of any residential building (including manufactured homes) or other buildings utilized for overnight accommodations/occupancy shall have the lowest floor, including basement, elevated at least to or above the greater (highest elevation) of:
- Standards for flood hazard areas with established flood elevations and with floodways designated. Located within the flood hazard areas established in § 14-305(2) are areas designated as floodways. A floodway may be an extremely hazardous area due to the velocity of floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood and 500-year flood without increased flood heights and velocities. Therefore, the following provisions shall apply:
- Encroachments are prohibited, including earthen fill material, new construction, substantial improvements or other development within any identified floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the cumulative effect of the proposed encroachments or new development shall not result in any increase in the water surface elevation of flood elevations, velocities, or floodway widths during the occurrence of the base flood and 500-year flood discharges at any point within the community. A Tennessee registered professional engineer must provide supporting technical data using the same methodologies as in the effective flood insurance study, and certification thereof.
- New construction and substantial improvements of buildings, where permitted, shall comply with all applicable flood hazard reduction provisions of § 14-307(1) and (2).
- Standards for flood hazard areas with established flood elevations but without floodways designated. Located within the flood hazard areas established in § 14-305(2), where streams exist with flood elevation data provided but where floodways have not been designated, the following provisions apply:
- No encroachments, including fill material, new construction and substantial improvements shall be located within areas of special flood hazard, unless certification by a Tennessee registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevations of the base flood and 500-year flood more than one foot (1') at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.
- New construction and substantial improvements of buildings, where permitted, shall comply with all applicable flood hazard reduction provisions of § 14-307(1) and (2).
- Standards for streams without established flood elevations and floodways. Located within the flood hazard areas established in § 14-305(2), where streams exist, but no flood elevation data has been provided and where floodways have not been delineated, the following provisions shall apply:
- The administrator shall obtain, review, and reasonably utilize any flood elevation and floodway data available from any federal, state, or other sources, including data developed as a result of these regulations (see (b) below), as criteria for requiring that new construction, substantial improvements, or other development in such flood hazard areas meet the requirements of § 14-307(1) and (2).
- Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than fifty (50) lots or five (5) acres, whichever is the lesser, include within such proposals flood elevation data.
- Within flood hazard areas, where flood elevations have not been established and where such data is not available from other sources, require the lowest floor of a building to be elevated or floodproofed to a level of at least three feet (3') above the highest adjacent grade (as defined in § 14-304). All applicable data including elevations or floodproofing certifications shall be recorded as set forth in § 14-306(2). Openings sufficient to facilitate automatic equalization of hydrostatic flood forces on exterior walls shall be provided in accordance with the standards of § 14-307(2).
- Within flood hazard areas, where flood elevations have not been established and where such data is not available from other sources, no encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or twenty feet (20'), whichever is greater, measured from the top of the stream bank, unless certification by a Tennessee registered professional engineer is provided·demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood and 500-year flood more than one foot (1') at any point within the City of Gatlinburg, Tennessee. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.
- New construction and substantial improvements of buildings, where permitted, shall comply with all applicable flood hazard reduction provisions of § 14-307(1) and (2). Within flood hazard areas, require that those subsections of § 14-307(2), dealing with the alteration or relocation of a watercourse, assuring watercourse carrying capacities are maintained and manufactured homes provisions are complied with as required.
- Standards for areas of shallow flooding (AO and AH Zones on FIRM). Located within the flood hazard areas established in § 14-305(2) may be areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths (100-year flood) of one to three feet (1' – 3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions, in addition to those set forth in § 14-307(1) and (2), apply:
- All new construction and substantial improvements of residential and non-residential buildings shall have the lowest floor, including basement, elevated to at least one foot (1') above as many feet as the depth number specified on the FIRMs, in feet, above the highest adjacent grade. If no flood depth number is specified on the FIRM, the lowest floor, including basement, shall be elevated to at least three feet (3') above the highest adjacent grade. Openings sufficient to facilitate automatic equalization of hydrostatic flood forces on exterior walls shall be provided in accordance with standards of § 14-307(2).
- All new construction and substantial improvements of non-residential buildings may be floodproofed in lieu of elevation. The structure together with attendant utility and sanitary facilities must be floodproofed and designed watertight to be completely floodproofed to at least one foot (1') above the flood depth number specified on the FIRM, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. If no depth number is specified on the FIRM, the structure shall be floodproofed to at least three feet (3') above the highest adjacent grade. A Tennessee registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this ordinance and shall provide such certification to the administrator as set forth above and as required in accordance with § 14-306(2).
- Adequate drainage paths shall be provided around slopes to guide floodwaters around and away from proposed structures.
- Standards for areas protected by flood protection system (A-99 Zones on FIRM). Located within the flood hazard areas established in § 14-305(2) may be areas of regulated floodplains protected by a flood protection system but where flood elevations have not been determined. Within these areas (A-99 Zones) all applicable provisions of §§ 14-306 and 14-307 shall apply.
- Standards for unmapped streams. Located within the City of Gatlinburg, Tennessee, are unstudied or unmapped streams where flood hazard areas are neither indicated nor identified. Adjacent to such streams, the following provisions shall apply:
- No encroachments including fill material or other development including structures shall be located within an area of at least equal to twice the width of the stream, measured from the top of each stream bank, unless certification by a Tennessee registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood and 500-year flood more than one foot (1') at any point within the locality.
- Whenever a new flood hazard risk zone is determined, and/or flood elevation and floodway data become available for such streams, new construction and substantial improvements shall meet all standards established in accordance with §§ 14-306 and 14-307. (as added by Ord. #2404, April 2009, and replaced by Ord. #2427, Dec. 2010)
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