Legal Documents of Gatlinburg

Code of Gatlinburg

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 3 Flood Damage Prevention Ordinance » § 14-308 Variance procedures.
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14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
Gatlinburg
Title 14 : Zoning and Land Use Control
Chapter 3 : Flood Damage Prevention Ordinance

14-308 : Variance procedures.

  1. Board of floodplain review.
    1. Creation and appointment. The municipal board of zoning appeals is hereby designated to serve as the board of floodplain review and shall consist of five (5) members appointed by the city commission.
    2. Procedure. Meetings of the board of floodplain review shall be held at the call of the chairperson or by a majority of the membership and at such other times as the board may determine. Such chairperson, or in his/her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question if other than a unanimous vote, or if absent or failing to vote, indicating such fact; shall take all evidence necessary to justify or explain its action, and shall keep records of its examinations and of other official action, all of which shall be immediately filed in the office of the board and shall be a public record. Compensation of the members of the board of floodplain review, when authorized, shall be set by the legislative body.
    3. Appeals: how taken. An appeal to the board of floodplain review may be taken by any person, firm or corporation aggrieved, or by any governmental officer, department, board, or bureau affected by any decision of the administrator (building official) based in whole or in part upon the provisions of this ordinance. Such appeal shall be taken within a reasonable time, as provided by the board, by filing with the building official and with the board of floodplain review a notice of appeal, specifying the grounds thereof. In all cases where an appeal is made by a property owner or other interested party, a fee of fifty dollars ($50.00) for the cost of processing the application, document reproduction, and publishing a notice of such hearings shall be paid by the appellant. The building official shall transmit forthwith to the board all papers constituting the record upon which the appeal action was taken. The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to parties in interest, and decide the same within a reasonable time which shall not be more than sixty-five (65) days from the date of the hearing. Upon hearing, any party may appear in person or by agent or attorney.
    4. Powers. The board of floodplain review shall have the following powers:
      1. Administrative review. To hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, permit, decision, determination, or refusal made by the administrator or other administrative official in carrying out or enforcement of any provisions of this ordinance.
      2. Variance procedures. In the case of a request for a variance the following shall apply:
        1. The City of Gatlinburg, Tennessee, Board of Floodplain Review shall hear and decide appeals and requests for variances from the requirements of this ordinance.
        2. Variances may be issued for the repair or rehabilitation of historic structures as defined, herein, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary deviation from the requirements of this ordinance to preserve the historic character and design of the structure.
        3. In passing upon such applications, the board of floodplain review shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and:
          1. The danger that materials may be swept onto other property to the injury of others;
          2. The danger to life and property due to flooding or erosion;
          3. The susceptibility of the proposed facility and its contents to flood damage;
          4. The importance of the services provided by the proposed facility to the community;
          5. The necessity of the facility to a waterfront location, in the case of a functionally dependent use;
          6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
          7. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
          8. The safety of access to the property in times of flood for ordinary and emergency vehicles;
          9. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
          10. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, and streets and bridges.
        4. Upon consideration of the factors listed above, and the purposes of this ordinance, the board of floodplain review may attach such conditions to the granting of variances, as it deems necessary to effectuate the purposes of this ordinance.
        5. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood and 500-year flood discharge would result.
  2. Conditions for variances.
    1. Variances shall be issued upon a determination that the variance is the minimum relief necessary, considering the flood hazard and the factors listed in § 14-308(1).
    2. Variances shall only be issued upon: a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship; and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
    3. Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance (as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00)) coverage, and that construction below flood elevations increases risks to life and property.
    4. The administrator shall maintain the records of all appeal actions and report any variances to FEMA upon request. (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

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