Legal Documents of New Market

Code of New Market

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 3 Floodplain Zoning Ordinance » § 14-303 General provisions.
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14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
New Market
Title 14 : Zoning and Land Use Control
Chapter 3 : Floodplain Zoning Ordinance

14-303 : General provisions.

  1. Application. This ordinance shall apply to all areas within the incorporated area of the Town of New Market, Tennessee.
  2. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified on the Town of New Market, Tennessee, as identified by FEMA, and in its Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM), Community Panel Numbers 0044, 0045, 0130, 0135 dated December 16, 2008, along with all supporting technical data, are adopted by reference and declared to be a part of this ordinance.
  3. Requirement for development permit. A development permit shall be required in conformity with this ordinance 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 ordinance and other applicable regulations.
  5. Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this ordinance conflicts or overlaps with another regulatory instrument, whichever imposes the more stringent restrictions shall prevail.
  6. Interpretation. In the interpretation and application of this ordinance, 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 ordinance 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 ordinance 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 ordinance shall not create liability on the part of the Town of New Market, Tennessee or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.
  8. Penalties for violation. Violation of the provisions of this ordinance 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. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon adjudication therefore, be fined as prescribed by Tennessee statutes, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town of New Market, Tennessee from taking such other lawful actions to prevent or remedy any violation. (Ord. #10-3-8, April 2010)