Legal Documents of Mosheim

Code of Mosheim

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 3 Municipal Floodplain Zoning Ordinance » § 14-306 Variance procedures.
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14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
Mosheim
Title 14 : Zoning and Land Use Control
Chapter 3 : Municipal Floodplain Zoning Ordinance

14-306 : Variance procedures.

  1. Municipal Board of Zoning Appeals.
    1. Authority. The Town of Mosheim, Tennessee Municipal Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of this ordinance.
    2. Procedure. Meetings of the municipal board of zoning appeals shall be held at such times, as the board shall determine. All meetings of the municipal board of zoning appeals shall be open to the public. The municipal board of zoning appeals shall adopt rules of procedure and shall keep records of applications and actions thereof, which shall be a public record. Compensation of the members of the municipal board of zoning appeals shall be set by the Town of Mosheim Board of Mayor and Aldermen.
    3. Appeals: how taken. An appeal to the municipal board of zoning appeals may be taken by any person, firm or corporation aggrieved or by any governmental officer, department, or bureau affected by any decision of the administrator based in whole or in part upon the provisions of this ordinance. Such appeal shall be taken by filing with the municipal board of zoning appeals 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 one hundred dollars ($100.00) for the cost of publishing a notice of such hearings shall be paid by the appellant. The administrator shall transmit to the municipal board of zoning appeals all papers constituting the record upon which the appeal action was taken. The municipal board of zoning appeals 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 thirty days (30) from the date of the hearing. At the hearing, any person or party may appear and be heard in person or by agent or by attorney.
    4. Powers. The municipal board of zoning appeals 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 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 Town of Mosheim, Tennessee Municipal Board of Zoning Appeals 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 municipal board of zoning appeals 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 flood waters 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 municipal board of zoning appeals 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 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 § 14-306(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; 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.
    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 such construction below the base flood elevation 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.) (Ord. #253, Dec. 2013, as replaced by Ord. #336, May 2024 Ch2_06-27-24)