Legal Documents of Maryville
Code of Maryville
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Code of Maryville
Title 14 Zoning and Land Use Control
Chapter 4 Floodplain Zoning Ordinance
Title 14 Zoning and Land Use Control
Chapter 4 Floodplain Zoning Ordinance
Maryville
Title 14 : Zoning and Land Use Control
Chapter 4 : Floodplain Zoning Ordinance
14-411 : Review and variance procedures.
- Board of zoning appeals. The provisions of this section shall apply exclusively to areas of special flood hazard areas. An appeal to the board of zoning appeals may be taken by any person, firm or corporation aggrieved, or by any governmental offices, department, or bureau affected by any decision of the administrator based on whole or in part upon the provisions of this chapter. Such appeal shall be taken by filing with the board of zoning appeals a notice of appeal, specifying the grounds thereof. Processes and procedures for hearing the appeal are outlined in the Maryville Zoning and Land Use Ordinance.
The board of zoning appeals has been created and established by the Council of the City of Maryville under authority granted in Tennessee Code Annotated, § 13-7-207. Specific powers and authority of the board of zoning appeals are found in the Maryville Zoning and Land Use Ordinance.- Administrative review. The City of Maryville Board of Zoning Appeals shall 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 the carrying out or enforcement of any provision or regulation of this chapter.
- Variance procedures. In the case of a request for a variance the following shall apply:
- The City of Maryville, Tennessee Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
- Variances may be issued for the repair or rehabilitation of historic structures (see definition) 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 to preserve the historic character and design of the structure.
- In passing upon such applications, the board of zoning appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter and:
- The danger that materials may be swept onto other property to the injury of others;
- The danger to life and property due to flooding or erosion;
- The susceptibility of the proposed facility and its contents to flood damage;
- The importance of the services provided by the proposed facility to the community;
- The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;
- The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
- The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
- The safety of access to the property in times of flood for ordinary and emergency vehicles;
- The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
- 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, and water systems, and streets and bridges.
- Upon consideration of the factors listed above, and the purposes of this chapter, the board of zoning appeals may attach such conditions to the granting of variances, as it deems necessary to effectuate the purposes of this chapter.
- Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
- Conditions for variances.
- Variances shall be issued upon a determination that the variance is the minimum relief necessary, considering the flood hazard; and in the instance of a historical building, a determination that the variance is the minimum relief necessary so as not to destroy the historic character and design of the building.
- 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; or 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.
- 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 level will result in increased premium rates for flood insurance, and that such construction below the base flood level increases risks to life and property.
- The administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (1999 Code, § 19-211)
Date Last Updated: 12/22/2025
Codification Date: 06/01/2024
Officials at Date of Last Codification:
Mayor - Andy White
Vice-Mayor - Fred Metz
Council Member - Sarah Herron
Council Member - Tommy Hunt
Council Member - Drew Miles
City Manager - Greg McClain
Assistant City Manager - Kevin Stoltenberg
City Recorder/Financial Services Director - Sherri Phillips
City Attorney - Melanie Davis