Overlay districts are districts that provide an extra layer of regulation to meet specific needs and purposes. These type regulations may supersede the base zone district requirements or modify them in various ways. The general purpose is to provide extra protection beyond the base districts for the specific purposes as defined below.

(Ord. No. 2018-1028, § 1(Exh. A), 11-20-2018)

A.

Statutory authorization, findings of fact, purpose and objectives. The legislature of the state has in T.C.A. §§ 13-7-201—13-7-310, delegated the responsibility to units of local government to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the city mayor and commissioners do ordain as follows:

1.

Findings of fact.

a.

The city mayor and commissioners wish to maintain eligibility in the National Flood Insurance Program (NFIP) and in order to do so must meet the requirements of NFIP regulations found in Title 44 of the Code of Federal Regulations (CFR), Ch. 1, Section 60.3.

b.

Areas of the city are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

c.

Flood losses are caused by the cumulative effect of obstructions in floodplains, causing increases in flood heights and velocities; by uses in flood hazard areas which are vulnerable to floods; or construction which is inadequately elevated, floodproofed, or otherwise unprotected from flood damages.

2.

Statement of purpose. It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas. This ordinance is designed to:

a.

Restrict or prohibit uses which are vulnerable to flooding or erosion hazards, or which result in damaging in erosion, flood heights, or velocities;

b.

Require that uses vulnerable to floods, including community facilities, be protected against flood damage at the time of the initial construction;

c.

Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;

d.

Control filling, grading, dredging and other development which may increase flood damage or erosion;

e.

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

3.

Objectives. The objectives of this ordinance are:

a.

To protect human life, health, and property;

b.

To minimize expenditure of public funds for costly flood control projects;

c.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

d.

To minimize prolonged business interruptions;

e.

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood-prone areas;

f.

To help maintain a stable tax base by providing for the sound use and development of flood-prone areas to minimize blight in flood areas;

g.

To ensure that potential homebuyers are notified that property in a flood-prone area;

h.

To maintain eligibility for participation in the NFIP.

B.

Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted as to give them the meaning they have in common usage and to give this ordinance its most reasonable application given its stated purpose and objectives.

Accessory structure shall represent a subordinate structure to the principal structure and, for the purpose of this section, shall conform to the following:

• Accessory structures shall only be used for parking of vehicles and storage.

• Accessory structures shall be designed to have low flood damage potential.

• Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.

• Accessory structures shall be firmly anchored to prevent flotation, collapse, and lateral movement, which otherwise may result in damage to other structures.

• Utilities and service facilities such as electrical and heating equipment shall be elevated or otherwise protected from intrusion of floodwaters.

Act means the statutes authorizing the National Flood Insurance Program that are incorporated in 42 U.S.C. 4001-4128.

Addition (to existing building) means any walled and roofed expansion to the perimeter or height of a building.

Appeal means a request for a review of the local enforcement officer's interpretation of any provision of this ordinance or a request for a variance.

Area of shallow flooding means a designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate; and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood-related erosion hazard is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Hazard Boundary Map (FHMB). After the detailed evaluation of the special flood-related erosion hazard area in preparation for publication of the FIRM, Zone E may be further refined.

Area of special flood hazard. See "Special flood hazard area."

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. This term is also referred to as the "100-year flood" or the "one-percent annual chance flood."

Basement means any portion of a building having its floor subgrade (below ground level) on all sides.

Building. See "Structure."

Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of equipment or materials.

Elevated building means a non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwater, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.

Emergency Flood Insurance Program or emergency program means the program as implemented on an emergency basis in accordance with Section 1336 of the Act. It is intended as a program to provide a first layer amount of insurance on all insurable structures before the effective date of the initial FIRM.

Erosion means the process of the gradual wearing away of land masses. This peril is not "per say" covered under the program.

Exception means a waiver from the provisions of this ordinance which relieves the applicant from the requirements of a rule, regulation, order or other determination made or issued pursuant to this ordinance.

Existing construction means any structure for which the "start of construction" commenced before the effective date of the initial floodplain management code or ordinance adopted by the community as a basis for that community's participation in the NFIP.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management code or ordinance adopted by the community as a basis for that community's participation in the NFIP.

Existing structures. See "Existing construction."

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood or flooding:

A.

A general and temporary condition of partial or complete inundation of normally dry land areas from:

• The overflow of inland or tidal waters.

• The unusual and rapid accumulation or runoff or surface waters from any source.

• Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (a)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

B.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this definition.

Flood elevation determination means a determination by the Federal Emergency Management Agency (FEMA) of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

Flood elevation study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface, elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) or flood-related hazards.

Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of areas of special flood hazard have been designated as Zone A.

Flood Insurance Rate Map (FIRM) means an official map of a community, issued by the Federal Emergency Management Agency, delineating the areas of special flood hazard or the risk premium zones applicable to the community.

Flood insurance study is the official report provided by the Federal Emergency Management Agency, evaluating flood hazards and containing flood profiles and water surface elevation of the base flood.

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see definition of "flooding").

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Flood protection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Flood-related erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood, or by some similarly unusual and unforeseeable event which results in flooding.

Flood-related erosion area or flood-related erosion prone area means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high-water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

Flood-related erosion area management means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works and floodplain management regulations.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

Freeboard means a safety factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge or culvert openings, and hydrological effect of urbanization of the watershed.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed walls of a structure.

Historic structure means any structure that is:

• Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register;

• Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

• Individually listed on the Tennessee inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the secretary of the interior; or

• Individually listed on the city inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:

○By the approved Tennessee program as determined by the secretary of the interior, or

○Directly by the secretary of the interior.

Levee means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee system means a flood protection system, which consists of a levee, or levees, and associated structures, such as closure, and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest floor means the lowest floor of the lowest enclosed area, including a basement. An unfinished or flood resistant enclosure used solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle", unless such transportable structures are placed on a site for 180 consecutive days or longer.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Map means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the agency.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For the purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD) or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

New construction means any structure for which the "start of construction" commenced after the effective date of this ordinance or the effective date of the first floodplain management ordinance and includes any subsequent improvements to such structure.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed after the effective date of this ordinance or the effective date of the first floodplain management ordinance and includes any subsequent improvements to such structure.

North American Vertical Datum (NAVD) as corrected in 1988 is a vertical control used as a reference for establishing varying elevations within the floodplain.

100-year flood. See "Base flood."

Person includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies.

Reasonably safe from flooding means base flood waters will not inundate the land or damage structures to be removed from the special flood hazard area and that any subsurface waters related to the base flood will not damage existing or proposed structures.

Recreational vehicle means a vehicle which is:

• Built on a single chassis;

• 400 square feet of less when measured at the largest horizontal projection;

• Designed to be self-propelled or permanently towable by a light duty truck; and

• Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Regulatory flood protection elevation means the "base flood elevation" plus the "freeboard". In "special flood hazard areas" where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus one foot. In "special flood hazard areas" where no BFE has been established, this elevation shall be at least three feet above the highest adjacent grade.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Special flood hazard area is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, or AH.

Special hazard area means an area having special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, or AH.

Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

State coordinating agency means the Tennessee Department of Economic and Community Development at the request of the Administrator to assist in the implementation of the National Flood Insurance Program for the state.

Structure, for purposes of this section, means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any repairs, reconstructions, rehabilitations, additions, alterations or other improvements to a structure, taking place during a five-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed.

For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been preidentified by the local code enforcement official and which are the minimum necessary to assure safe living conditions and not solely triggered by an improvement or repair project, or (2) any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Variance is a grant of relief from the requirements of this ordinance which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certification, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of riverine areas.

C.

General provisions.

1.

Application. This ordinance shall apply to all areas within incorporated area of the city.

2.

Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified on the City of Mount Pleasant, Tennessee, as identified by FEMA, and in its Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM), Community Panel Numbers, 447119C0255E, 47119C0265E, and 47119C0270E dated April 16, 2007, 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 City of Mount Pleasant, 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. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful actions to prevent or remedy any violation.

D.

Administration. the building and planning director, or their designee, is hereby appointed as the administrator to implement the provisions of this ordinance.

E.

Permit procedures. Application for a development permit shall be made to the administrator on forms furnished by the community prior to any development activities. The development permit may include, but is not limited to the following: plans in duplicate drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities. Specifically, the following information is required:

1.

Application stage.

a.

Elevation in relation to mean sea level of the proposed lowest floor including basement, of all buildings where base flood elevations are available, or to certain height above the highest adjacent grade when applicable under this ordinance.

b.

Elevation in relation to mean sea level to which any non-residential building will be flood-proofed where BFE's are available, or to the highest adjacent grade when applicable under this ordinance.

c.

A FEMA floodproofing certificate from a Tennessee registered professional engineer or architect that the proposed non-residential floodproofed building will meet the floodproofing criteria in subsection 8.2.E.2.b of this ordinance.

d.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

e.

In order to determine if improvements or damage meet the substantial improvement or substantial damage criteria, the applicant shall provide to the floodplain administrator a detailed cost to repair all damages and/or cost of improvements which includes the complete costs associated with all types of work necessary, to completely repair or improve a building. These include the costs of all materials, labor, and other items necessary to perform the proposed work. These must be in the form of:

• An itemized costs of materials and labor, or estimates of materials and labor that are prepared by licensed contractors or professional construction cost estimators.

• Building valuation tables published by building code organizations and cost-estimating manuals and tools available from professional building cost-estimating services.

• A qualified estimate of costs that is prepared by the local official using professional judgement and knowledge of local and regional construction costs.

• A detailed cost estimate provided and prepared by the building owner. This must include as much supporting documentation as possible (such as pricing information from lumber companies, plumbing and electrical suppliers, etc.). In addition, the estimate must include the value of labor, including the value of the owner's labor.

2.

Construction stage.

a.

Within AE Zones, where base flood elevation data is available, any lowest floor certification made relative to mean sea level shall be prepared by or under direct supervision of a Tennessee registered land surveyor and certified by the same. The administrator shall record the elevation of the lowest floor on the development permit. When floodproofing is utilized for a non-residential building, said certification shall be prepared by, or under the direct supervision of a Tennessee registered professional, engineer, or architect and certified by the same.

b.

Within approximate A Zones, where base flood elevation data is not available, the elevation of the lowest floor shall be determined as the measurement of the lowest floor of the building relative to the highest adjacent grade. The administrator shall record the elevation of the lowest floor on the development permit. When floodproofing is utilized for a non-residential building, said certification shall be prepared by, or under the direct supervision of a Tennessee registered professional, engineer, or architect and certified by the same.

c.

For all new construction and substantial improvements, the permit holder shall provide to the administrator an as-built certification of the lowest floor elevation or floodproofing level upon the completion of the lowest floor or floodproofing.

d.

Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The administrator shall review the above-referenced certification data. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being allowed to proceed. Failure to submit the certification or failure to make said corrections required hereby, shall be cause to issue a stop work order for the project.

F.

Duties and responsibilities of the administrator. Duties of the administrator shall include, but not be limited to:

1.

Review of all development permits to assure that the permit requirements of this ordinance have been satisfied, and that proposed building sites will be reasonably safe from flooding.

2.

Advice to permittee that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit. This shall include Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.

3.

Notification to adjacent communities and the Tennessee Department of Economic and Community Development, Local Planning Assistance Office, prior to any alteration or relocation of a watercourse, and submission of evidence of such notification to the Federal Emergency Management Agency.

4.

For any altered or relocated watercourse, submit engineering data/analysis within six months to the Federal Emergency Management Agency to ensure accuracy of community flood maps through the letter of map revision process. Assure that the flood carrying capacity within an altered or relocated portion of any watercourse is maintained.

5.

Assure that the flood carrying capacity within an altered or relocated portion of any watercourse is maintained.

6.

Record the elevation, in relation to mean sea level or the highest adjacent grade, where applicable of the lowest floor including basement of all new or substantially improved buildings, in accordance with subsection 8.2.D.2.b.

7.

Record the actual elevation; in relation to mean sea level or the highest adjacent grade, where applicable to which the new or substantially improved buildings have been flood-proofed, in accordance with subsection 8.2.D.2.b.

8.

When flood proofing is utilized for a structure, the administrator shall obtain certification of design criteria from a registered professional engineer or architect, in accordance with subsection 8.2.D.2.b.

9.

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the administrator shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this ordinance.

10.

When base flood elevation data or floodway data have not been provided by the Federal Emergency Management Agency then the administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other sources, including data developed as a result of these regulations, as criteria for requiring that new construction, substantial improvements, or other development in Zone A on the community FIRM meet the requirements of this ordinance.

11.

Within unnumbered A zones, where base flood elevations have not been established and where alternative data is not available, the administrator shall require the lowest floor of a building to be elevated or flood proofed to a level of at least three feet above the highest adjacent grade (lowest floor and highest adjacent grade being defined in article II of this ordinance). All applicable data including elevations or flood proofing certifications shall be recorded as set forth in subsection 8.2.D.2.b.

12.

Maintain all records pertaining to the provisions of this ordinance in the office of the administrator and shall be open for public inspection. Permits issued under the provision of this ordinance shall be maintained in a separate file or marked for expedited retrieval within combined files.

13.

A final finished construction elevation certificate (FEMA Form 086-0-33) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of compliance/occupancy. The finished construction elevation certificate certifier shall provide at least two photographs showing the front and rea of the building taken within 90 days from the date of certification. the photographs must be taken with views confirming the building description and diagram number provided in subsection A. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least two additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least 3" x 3". Digital photographs are acceptable.

G.

Provisions for flood hazard reduction.

1.

General standards. In all flood prone areas, the following provisions are required:

a.

New construction and substantial improvements to existing buildings shall be anchored to prevent flotation, collapse or lateral movement of the structure;

b.

Manufactured homes shall be elevated and anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces;

c.

New construction and substantial improvements to existing buildings shall be constructed with materials and utility equipment resistant to flood damage;

d.

New construction or substantial improvements to existing buildings shall be constructed by methods and practices that minimize flood damage;

e.

All electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

f.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

g.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;

h.

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;

i.

Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this ordinance, shall meet the requirements of "new construction" as contained in this ordinance;

j.

Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provision of this ordinance, shall be undertaken only if said non-conformity is not further extended or replaced; and

k.

For each cubic yard of fill material placed within the regulatory floodplain on a site, a cubic yard of material shall be removed from the regulatory floodplain on the same site or nearby approved site. Said nearby approved site must be approved by the planning commission and the administrator. The nearby approved site for removing material to create floodplain storage to offset any fill placed within the floodplain or any displacement of floodplain storage shall meet the requirements and/or policy as recommended by the United States Army Corps of Engineers.

2.

Specific standards. These provisions shall apply to all areas of special flood hazard as provided herein:

a.

Residential construction. Where base flood elevation data is available, new construction or substantial improvement of any residential building (or manufactured home) shall have the lowest floor, including basement, elevated no lower than two feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate equalization of flood hydrostatic forces on both sides of exterior walls and to ensure unimpeded movement of floodwater shall be provided in accordance with the standards of this ordinance.

Within unnumbered A zones, where base flood elevations have not been established and where alternative data is not available, the administrator shall require the lowest floor of a building to be elevated or flood proofed to a level of at least three feet above the highest adjacent grade (lowest floor and highest adjacent grade being defined in article II of this ordinance). All applicable data including elevations or flood proofing certifications shall be recorded as set forth in subsection 8.2.D.2.b.

b.

Non-residential construction. New construction or substantial improvement of any commercial, industrial, or non-residential building, when BFE data is available, shall have the lowest floor, including basement, elevated or flood proofed no lower than one foot above the level of the base flood elevation.

Within unnumbered A zones, where base flood elevations have not been established and where alternative data is not available, the administrator shall require the lowest floor of a building to be elevated or flood proofed to a level of at least three feet above the highest adjacent grade (lowest floor and highest adjacent grade being defined in article II of this ordinance). All applicable data including elevations or flood proofing certifications shall be recorded as set forth in subsection 8.2.D.2.b.

Buildings located in all A-zones may be flood-proofed, in lieu of being elevated, provided that all areas of the building below the required elevation are watertight, with walls substantially impermeable to the passage of water, and are built with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above and shall provide such certification to the administrator as set forth in subsection 8.2.D.2.b.

c.

Enclosures. All new construction or substantial improvements to existing buildings that include any fully enclosed areas formed by foundation and other exterior walls below the base flood elevation, or required height above the highest adjacent grade, shall be designed to preclude finished living space and designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls.

i.

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria.

• Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

• The bottom of all openings shall be no higher than one foot above the finish grade; and

• Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.

ii.

Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the elevated living area (stairway or elevator); and

iii.

The interior portion of such enclosed area shall not be partitioned or finished into separate rooms in such a way as to impede the movement of floodwaters and all such partitions shall comply with the of this ordinance.

3.

Standards for manufactured homes and recreational vehicles.

a.

All manufactured homes placed, or substantially improved, on: (1) individual lots or parcels, (2) in expansions to existing manufactured home parks or subdivisions, or (3) in new or substantially improved manufactured home parks or subdivisions, must meet all the requirements of new construction, including elevations and anchoring.

b.

All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that either:

i.

When base flood elevations are available the lowest floor of the manufactured home is elevated on a permanent foundation no lower than two feet above the level of the base flood elevation, or

ii.

Absent base flood elevations the manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements) at least three feet in height above the highest adjacent grade.

c.

Any manufactured home, which has incurred "substantial damage" as the result of a flood or that has been substantially improved, must meet the standards of this ordinance.

d.

All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

e.

All recreational vehicles placed on identified flood hazard sites must either:

i.

Be on the site for fewer than 180 consecutive days;

ii.

Be fully licensed and ready for highway use. (A recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions.)

iii.

The recreational vehicle must meet all the requirements for new construction, including the anchoring and elevation requirements of this section above if on the site for longer than 180 consecutive days.

4.

Standards for subdivisions. Subdivisions and other proposed new developments, including manufactured home parks, shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to ensure that:

a.

All subdivision proposals shall be consistent with the need to minimize flood damage.

b.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

c.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

d.

Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including greater than 50 lots and/or five acres in area).

5.

Standards for areas of special flood hazard with established base flood elevations and with floodways designated. Located within the areas of special flood hazard are areas designated as floodways. A floodway may be an extremely hazardous area due to the velocity of floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights and velocities. Therefore, the following provisions shall apply:

a.

Encroachments are prohibited, including earthen fill material, new construction, substantial improvements or other developments within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the cumulative effect of the proposed encroachments or new development, when combined with all other existing and anticipated development, shall not result in any increase in the water surface elevation of the base flood level, velocities or floodway widths during the occurrence of a base flood discharge at any point within the community. A registered professional engineer must provide supporting technical data and certification thereof.

b.

New construction or substantial improvements of buildings shall comply with all applicable flood hazard reduction provisions of subsection 8.2.

6.

Standards for areas of special flood hazard zones AE with established base flood elevation but without floodways designated. Located within the areas of special flood hazard established in subsection 8.2.C where streams exist with base flood data provided but where no floodways have been designated (Zones AE), the following provisions apply:

a.

No encroachments, including fill material, new structures or substantial improvements shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.

b.

New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with this section.

7.

Standards for streams without established base flood elevations or floodways (A Zones). Located within the areas of special flood hazard established in subsection 8.2.C, where streams exist, but no base flood data has been provided (A Zones), or where a floodway has not been delineated, the following provisions shall apply:

a.

When base flood elevation data or floodway data have not been provided in accordance with subsection 8.2.C, then the administrator shall obtain, review and reasonably utilize any scientific or historic base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of section 8.2. only if data is not available from these sources, then the following provisions (subsections b. and c.) shall apply:

b.

No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or 20 feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.

c.

In special flood hazard areas without base flood elevation data, new construction or substantial improvements of existing buildings shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of subsection 14.9002(F)(2), and "elevated buildings".

8.

Standards for areas of shallow flooding (AO and AH Zones). Located within the areas of special flood hazard established in subsection 8.2.C are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply:

a.

All new construction and substantial improvements of residential buildings shall have the lowest floor, including basement, elevated to at least two feet above the flood depth number specified on the flood insurance rate map (FIRM), in feet, above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated, at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection 8.2.F.2, and "elevated buildings".

b.

All new construction and substantial improvements of nonresidential buildings shall:

i.

Have the lowest floor, including basement, elevated to at least one foot above the flood depth number specified on the flood insurance rate map (FIRM), in feet, above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated, at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection 8.2.F.2, and "elevated buildings".

ii.

All new construction and substantial improvements of nonresidential buildings may be flood-proofed in lieu of elevation. The structure together with attendant utility and sanitary facilities must be flood-proofed and designed watertight to be completely flood-proofed to at least one foot above the specified FIRM flood level, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. If no depth number is specified, the lowest floor, including basement, shall be flood-proofed to at least three feet above the highest adjacent grade. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this ordinance and shall provide such certification to the Administrator as set forth above and as required in subsection 8.2.F.2.

c.

Adequate drainage paths shall be provided around slopes to guide floodwaters around and away from proposed structures.

d.

The administrator shall certify the elevation or the highest adjacent grade, where applicable, and the record shall become a permanent part of the permit file.

9.

Standards for areas protected by flood protection system (A-99 Zones). Located within the areas of special flood hazard established in subsection 8.2.C are areas of the 100-year floodplain protected by a flood protection system but where base flood elevations and flood hazard factors have not been determined. Within these areas (A-99 Zones) all provisions of subsection 8.2.F shall apply.

H.

Standards for unmapped streams. Located within Mount Pleasant, Tennessee are unmapped streams where areas of special flood hazard are neither indicated nor identified. Adjacent to such streams the following provisions shall apply:

1.

In areas adjacent to such unmapped streams, no encroachments including fill material or structures shall be located within an area of at least equal to twice the width of the stream, measured from the top of each stream bank, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the locality.

2.

When new elevation data is available, new construction or substantial improvements of buildings shall be elevated or flood proofed to elevations established in accordance with subsection 8.2.F.

I.

Variance procedures.

1.

[Applicability.] The provisions of this section shall apply exclusively to areas of special flood hazards within Mount Pleasant, Tennessee.

2.

Municipal board of zoning appeals.

a.

Authority. The municipal board of zoning appeals shall hear and decide appeals and requests for variances from the requirements of this ordinance.

b.

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 board of commissioners.

c.

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 $200.00 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 60 days 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.

d.

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.

2.

Variance procedures. In the case of a request for a variance the following shall apply:

a)

The municipal board of zoning appeals shall hear and decide appeals and requests for variances from the requirements of this ordinance.

b)

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.

c)

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 services provided by 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.

d)

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.

e)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

3.

Conditions on variances.

a)

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.

b)

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.

c)

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 coverage, and that such construction below the base flood elevation increases risks to life and property.

d)

The administrator shall maintain the records of all appeal actions and report any variances to the FEMA upon request.

(Ord. No. 2018-1028, § 1(Exh. A), 11-20-2018; Ord. No. 2021-1090, § 1(Exh. A), 1-18-2022)

Maury County Regional Airport—All airport zoning regulations and maps adopted prior to January 1, 2018 that are applicable to the environs of Maury County Regional Airport shall remain in full force and effect until such time as Maury County Regional Airport shall have ceased to be an operating airport requiring such zoning as determined jointly by the City of Mount Pleasant, the Maury County Regional Authority, and the FAA.

A.

Definitions. As used in this section, unless the context otherwise requires:

Airport means the Maury County Regional Airport located at 1200 N Main Street, Mount Pleasant in Maury County, TN.

Airport elevation means 681 feet above mean sea level.

Approach surface means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in below in this ordinance. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal, and conical zones are as set forth below in this ordinance.

Board of zoning appeals means the City of Mount Pleasant Board of Zoning Appeals established in section 2.8 of this ordinance in accordance with the laws of the State of Tennessee.

Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

Hazard to air navigation means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height, for the purpose of determining the height limits in all zones set forth in the ordinance and shown on the airport zoning map adopted by the ordinance; the datum shall be mean sea level elevation unless otherwise specified.

Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone

Larger than utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.

Nonconforming use means any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this ordinance or an amendment thereto.

Nonprecision instrument runway means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.

Obstruction means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in this ordinance.

Person means an individual, firm, partnership, corporation, company, association, joint stock association, or government entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

Precision instrument runway means a runway, having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

Primary surface means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of the runway; for military runways or when the surface has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in this ordinance under airport zones and airport zoning map. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway means a defined area on an airport prepared for landing and take-off of aircraft along its length.

Runway protection zone means a trapezoidal extension of each end of each runway as depicted on the airport layout map.

Runway safety area means a quadrangle extension of each runway as depicted on the airport layout map.

Structure means an object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smoke stack, earth formation, and overhead transmission lines.

Transitional surfaces means these surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

Tree means any object of natural growth.

Utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures.

B.

Airport zones and airport zoning map. In order to carry out the provisions of this Ordinance, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Maury County Regional Airport. Such zones are shown on City of Mount Pleasant Airport Zoning Map consisting of one sheet, prepared by the Airport Authority, dated, November 20, 2018, which is attached this ordinance and made a part thereof (see Appendix A to this ordinance which also contains an illustrative map highlighting the street network within the airport zoning area).

An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The regulations prescribed herein shall apply only to those portions of zones which are located inside of the corporate limits of the City of Mount Pleasant or which become located inside the corporate limits of the City of Mount Pleasant due to annexation. The various zones are hereby established and defined as follows:

1.

Approach zone—Runway larger than utility with a visibility minimum greater than ¾ mile non-precision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

2.

Transitional zones—The transitional zones are the areas beneath the transitional surfaces.

3.

Horizontal zone—The horizontal zone is established by swinging arcs of 10,000 feet from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

4.

Conical zone—The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there for a horizontal distance of 4,000 feet.

C.

Airport zone height limitations. Except as otherwise provided in this ordinance, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any airport approach surface zone, transitional surface zone, or horizontal surface zone to a height in excess of the applicable height herein established for such zone. Additionally, no structure shall be erected or altered within the conical surface zone to a height in excess of the height limit herein established for zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

1.

Approach zone—Runway larger than utility with a visibility minimum greater than ¾ mile non-precision instrument approach zone. Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

2.

Transitional zones—Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 860 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.

3.

Horizontal zone—Established at a height of 150 feet above the airport elevation or at a height of 850 feet above mean sea level.

4.

Conical zone—Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

D.

Land use compatibility and use restrictions. Notwithstanding any other provisions of this ordinance, no use may be made of land or water within any zone established by this ordinance in such a manner as to create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the taxiing, takeoff, landing, or maneuvering of aircraft intending to use the airport.

1.

Incompatible land uses. Incompatible land uses around an airport can adversely affect the safe and efficient operation of aircraft and adversely affect the safety and quality of life of the general public. Incompatible uses within the airport zoning overlay can include wildlife-attracting land uses such as wetland and landfills as well as hazards to aircraft navigation such as cell towers, antennae, smoke creation and electrical signal generation. For noise avoidance and public safety, incompatible land uses include high density residential developments, schools, hospitals, places of worship, concert halls and other uses where large numbers of people congregate.

Federal statutes as enacted in the Airport and Airway Improvement Act of 1982, Section 150, and as amended in 2012, specifically identifies any development within a runway protection zone or runway safety area as a nonconforming use.

2.

Nonconforming uses.

a.

Regulations not retroactive. The regulations prescribed in this ordinance are not retroactive and the ordinance shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of a nonconforming use in place prior to the ordinance. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure; the construction or alteration of which was begun prior to the effective date of this ordinance and is diligently prosecuted.

b.

Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the airport manager to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the Maury Regional Airport Authority.

E.

Permits.

1.

Future uses. In addition to any prerequisites for obtaining any permit already established by the City of Mount Pleasant or Maury County, all permits within the airport overlay district issued by the City of Mount Pleasant and Maury County will additionally be reviewed for conformity with the requirements of this ordinance. Furthermore, nothing in this ordinance shall require a permit not otherwise required for any tree or structure meeting the provisions of subsections a., b., and c. hereunder.

a.

In the area lying within the limits of the horizontal zone and conical zone, any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limit prescribed for such zones.

b.

In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runway, any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

c.

In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by the ordinance except as set forth in this ordinance. Additionally, no permit for any use inconsistent with the provisions of this resolution shall be granted unless a variance has been approved in accordance with the provisions of this ordinance.

2.

Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation, than it was on the effective date of this ordinance or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for a permit otherwise complying with all of the requirements of the permitting jurisdiction, the City of Mount Pleasant and Maury County as the case maybe, will be granted.

3.

Nonconforming uses abandoned or destroyed. Whenever the city building official determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure to be reconstructed or replaced to exceed the applicable height limit or otherwise deviate from the zoning regulations.

4.

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this ordinance, may apply to the board of zoning appeals for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of the ordinance. Additionally, no application for variance to the requirements of this ordinance may be considered by the board of zoning appeals unless a copy of the application has been furnished to the Maury County Regional Airport Authority for review as to the aeronautical effects of the variance. It is the intent of the city to fully comply with all federal regulations and statutes as of the date of this ordinance, and as may be lawfully updated or established by the FAA or other controlling Federal agency. The Airport Authority will have responsibility for coordination with Tennessee Department of Transportation—Aeronautics Division and the FAA in obtaining the letter of determination from the FAA. If the airport authority does not respond to the application within 15 days after receipt, the board of zoning appeals may act on its own to grant or deny said application.

5.

Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the board of zoning appeals, this condition maybe modified to require the owner to permit the Cleveland Municipal Airport Authority, at its own expense, to install, operate, and maintain the necessary markings and lights.

F.

Violations unlawful, enforcement, and penalties. Violations of this ordinance are declared to be unlawful. It shall be the duty of the city planning and zoning department to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the city upon a form published for that purpose. Applications required by this ordinance to be submitted to the city planning and zoning shall be promptly considered and granted or denied. Application for action by the board of zoning appeals shall be forthwith transmitted by the city. Each violation of this ordinance or of any regulation, order, or ruling promulgated hereunder shall be punishable in accordance with the guidelines established elsewhere in the city zoning regulations.

G.

Board of zoning appeals and judicial review. In addition to the powers and duties elsewhere conferred upon the board of zoning appeals by the city's zoning ordinance, the board of zoning appeals shall also have and exercise the following powers:

1.

To hear and decide appeals from any order, requirement, decision, or determination made by the community development department staff, including but not limited to the building official, or their agents in the enforcement of this ordinance; and

2.

To hear and decide special exceptions to the terms of this ordinance upon which such board of zoning appeals under such regulations may be required to pass; and

3.

To hear and decide specific variances.

Any person aggrieved, or any taxpayer affected, by any decision of the board of zoning appeals, may appeal to either the Circuit Court or Chancery Court as provided in T.C.A. tit. 27, ch. 9.

(Ord. No. 2018-1028, § 1(Exh. A), 11-20-2018)