Legal Documents of Kingston

Code of Kingston

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 3 Flood Damage Prevention Ordinance » § 14-303 General provisions.
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14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
Kingston
Title 14 : Zoning and Land Use Control
Chapter 3 : Flood Damage Prevention Ordinance

14-303 : General provisions.

  1. Application. This chapter shall apply to all areas within the incorporated area of Kingston, Tennessee.
  2. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified on the Kingston, Tennessee, Federal Management Agency, Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM), Community Panel Numbers 47117C0135D, 47117C0154D, 47117C0155D, 47117C0156D, 47117C0157D, 47117C0158D, 47117C0159D, 47117C0165D, 47117C0166D, 47117C0167D, 47117C0178D, and 47117C0186D, dated September 28, 2007, along with all supporting technical data, are adopted by reference and declared to be a part of this chapter.
  3. Requirement for development permit. A development permit shall be required in conformity with this chapter prior to the commencement of any development activities.
  4. Compliance. No land, structure or use shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.
  5. Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter conflicts or overlaps with another regulatory instrument, whichever imposes the more stringent restrictions shall prevail.
  6. Interpretation. In the interpretation and application of this chapter, all provisions shall be:



    1. Considered as minimum requirements;
    2. Liberally construed in favor of the governing body; and
    3. Deemed neither to limit nor repeal any other powers granted under Tennessee statutes.
  7. Warning and disclaimer of liability. The degree of flood protection required by this chapter 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 chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Kingston, Tennessee or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
  8. Penalties for violation. Violation of the provisions of this chapter 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. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Kingston, Tennessee from taking such other lawful actions to prevent or remedy any violation.
  9. Repeal. Any existing ordinance, titled "The Kingston Municipal Flood Damage Prevention Ordinance," is hereby repealed in its entirety and replaced with this new chapter of the same title.