5.010 Classification of Districts

5.020 Zoning Map

5.030 Zoning District Boundaries

5.040 Residential District Regulations

5.050 Commercial District Regulations

5.060 Industrial District Regulations

5.070 Floodplain District Regulations

For the purpose of this ordinance, the following zoning districts are hereby established in

Eagleville, Tennessee:

A. Residential Districts

R-1 Low Density Residential District

R-2 Medium Density Residential District

R-3 High Density Residential District

B. Commercial Districts

C-1 Central Business Commercial District

C-2 General Commercial District

C. Industrial Districts

I-1 Light Industrial District

I-2 Heavy Industrial District

D. F-1, General Floodplain Districts

The location and boundaries of the zoning districts established by this ordinance are

bounded and defined as shown on the map, entitled Zoning Map of Eagleville, Tennessee".

The zoning map and any amendment thereto shall be dated with the effective date of the

ordinance that adopts same. Certified prints of the adopted zoning map and zoning map

amendments shall be maintained in the office of the Zoning Administrator and shall be

available for inspection by the public at all reasonable times, as long as this ordinance

remains in effect.

Art. V-2

Unless otherwise indicated on the zoning map amendment, the district boundaries are lot

lines, center lines of streets or alleys, or the Eagleville boundary lines as they exist at the

time of the enactment of the zoning ordinance. Questions concerning the exact locations of

district boundaries shall be determined by the Eagleville Board of Zoning Appeals.

Where a district boundary line divides a lot existing at the time this ordinance takes effect,

and the major portion of said lot is in the less restricted district, the regulations relative to

that district may extend as well to such portion of said lot as is not more than twenty (20)

feet within the more restricted district.

The following regulations shall apply in the residential zoning districts established in Article

V, Section 5.010, of this ordinance.

A. District Description

This district is designed to provide suitable areas for low density residential

development characterized by an open appearance. Most generally, this

district will consist of single-family detached dwellings and such other

structures as are accessory thereto. This district also includes community

facilities, public utilities and open uses which serve specifically the residents

of the district, or which are benefited by and compatible with an open

residential environment without creating objectionable or undesirable

influences upon such development. It is the express purpose of this

ordinance to exclude from this district all buildings or other structures and

uses having commercial characteristics whether operated for profit or

otherwise, except that special exceptions and home occupations shall be

considered as not having such characteristics if they otherwise conform to

the provisions of this ordinance.

B. Uses Permitted

In the R-1, Low Density Residential District, the following uses are permitted:

1. Detached single-family dwellings, prefabricated dwellings (excluding

mobile homes).

2. Customary accessory buildings, including private garages and noncommercial

workshops, provided they are located in the rear yard and

not closer than five (5) feet to any lot line. Agricultural accessory

structures shall be regulated to their location on all lots as provided in

Article III, Section 3.100 of this ordinance.

3. Customary incidental home occupations, as regulated in ARTICLE IV,

Section 4.040.

4. Agricultural uses.

Art. V-3

5. Signs, as regulated in ARTICLE IV, Section 4.080.

C. Uses Permitted as Special Exceptions

The following uses may be permitted as special exceptions in the R-1, Low

Density Residential District, after review and approval by the Board of

Zoning Appeals in accordance with Article VII, Section 7.070.

1. Public uses, including but not limited to local, state, or federal uses,

such as schools (public & private), public and semi-public recreational

facilities, museums, office buildings, and utilities.

2. Community Assembly, ie., churches, civic, social, fraternal, and

philanthropic associations.

3. Golf courses, country clubs, or recreational facilities.

4. Bed and Breakfast establishments.

5. Day Care Homes and Group Homes.

6. Cemeteries.

E. Uses Prohibited

Any use not specifically permitted, or use not permitted upon approval as a

special exception by the Board of Zoning Appeals is prohibited.

F. Dimensional Requirements

All uses permitted in the R-1, Low Density Residential District, shall comply

with the following requirements, except as provided in ARTICLE VI:

1. Minimum Lot Size

Area 2 acres

Lot Width at Building

Setback Line 100 feet

2. Minimum Yard Requirements

Front Yard Setback 60 ft.

Side 30 ft.

Rear 25 ft.

Art. V-4

3. Maximum Lot Coverage

On any lot, the area occupied by all structures, including accessory

structures, shall not exceed thirty (30) percent of the total area.

4. Height Requirements

No principal building shall exceed thirty-five (35) feet in height, except

as provided in Article VI, Section 6.030.

5. Parking Space Requirements

As regulated in Article IV, Section 4.010.

A. District Description

This district is designed to provide suitable areas for medium density

residential development where appropriate urban services and facilities are

provided or where the extension of such services and facilities will be

physically and economically facilitated. Most generally, this district will be

characterized by single-family detached structures and such other structures

as are accessory thereto. This district also includes community facilities,

public utilities and open uses which serve specifically the residents of this

district or which are benefited by and compatible with a residential

environment. It is the express purpose of this zoning ordinance to exclude

from this district all buildings or other structures and uses having commercial

characteristics whether operated for profit or otherwise, except that special

exceptions and home occupations specifically provided for in these

regulations for this district shall be considered as not having such

characteristics if they otherwise conform to the provisions of this ordinance.

B. Uses Permitted

In the R-2, Medium Density Residential District, the following uses are

permitted:

1. Detached single-family dwellings, prefabricated dwellings (excluding

mobile homes).

2. Duplex dwellings.

3. Customary accessory buildings, including private garages and noncommercial

workshops, provided they are located in the rear yard and

not closer than five (5) feet to any lot line.

4. Customary incidental home occupations, as regulated in ARTICLE IV,

Section 4.040.

5. Signs, as regulated in ARTICLE IV, Section 4.080.

Art. V-5

C. Uses Permitted as Special Exceptions

The following uses may be permitted as special exceptions in the R-2,

Medium Density Residential District, after review and approval by the Board

of Zoning Appeals in accordance with Article VII, Section 7.070.

1. Public uses, including but not limited to local, state, or federal uses,

such as schools (public & private), public and semi-public recreational

facilities, museums, office buildings, and utilities.

2. Community Assembly, ie., churches, civic, social, fraternal, and

philanthropic associations.

3. Bed and Breakfast establishments.

4. Day Care Homes and Group Homes.

5. Cemeteries.

D. Uses Prohibited

Any use not specifically permitted, or use not permitted upon approval as a

special exception by the Board of Zoning Appeals is prohibited.

E. Dimensional Requirements

All uses permitted in the R-2, Medium Density Residential District, shall

comply with the following requirements, except as provided in ARTICLE VI:

1. Minimum Lot Size

With Public Sewer Without Public Sewer

Area (single family) 15,000 sq. ft. 20,000 sq. ft.

(duplex) 25,000 sq. ft. 30,000 sq. ft.

Lot Width at Building

Setback Line 75 feet 100 feet

2. Minimum Yard Requirements

Front Yard Setback 35 ft.

Side 15 ft.

Rear 20 ft.

3. Maximum Lot Coverage

On any lot, the area occupied by all structures, including accessory

structures, shall not exceed thirty (30) percent of the total area.

4. Height Requirements

No principal building shall exceed thirty-five (35) feet in height, except

as provided in Article VI, Section 6.030.

Art. V-6

5. Parking Space Requirements

As regulated in Article IV, Section 4.010.

A. District Description

This district is designed to provide suitable areas for high density residential

development where sufficient urban services, specifically including water

services adequate to provide fire protection and public waste water service

is available, or where the extension of such services and facilities will be

physically and economically facilitated. Most generally this district will be

characterized by residential structures each containing a multiple number of

dwelling units as well as single-family and duplex dwellings. However, it is

the intent of this ordinance to not restrict in number the dwelling units

contained in a building provided there is sufficient area of the lot and open

space on such lot relative to the number of dwelling units thereon. It is the

express purpose of this ordinance to exclude from this district all buildings or

other structures and uses having commercial characteristics and not planned

as an integral part of a total residential development, whether operated for

profit or otherwise, except that special exceptions and home occupations

specifically provided for in these regulations for these districts shall be

considered as not having such characteristics if they otherwise conform to

the provisions of this ordinance.

B. Uses Permitted

In the R-3, High Density Residential District, the following uses are permitted:

1. Detached single-family dwellings, duplex dwellings, and prefabricated

dwellings on individual lots.

2. Multi-family dwellings and apartments.

3. Planned Unit Developments.

4. Day Care Homes and Group Homes.

5. Customary accessory buildings, including private garages and noncommercial

workshops, provided they are located in the rear yard and

not closer than five (5) feet to any lot line.

6. Customary incidental home occupations, as regulated in ARTICLE IV,

Section 4.040.

7. Signs, as regulated in ARTICLE IV, Section 4.080.

Art. V-7

C. Uses Permitted as Special Exceptions

The following uses may be permitted as special exceptions in the R-3, High

Density Residential District, after review and approval by the Board of

Zoning Appeals in accordance with Article VII, Section 7.070.

1. Public uses, including but not limited to local, state, or federal uses,

such as schools (public & private), public and semi-public recreational

facilities, museums, office buildings, and utilities.

2. Community Assembly, ie., churches, civic, social, fraternal, and

philanthropic associations.

3. Bed and Breakfast establishments.

4. Day Care Centers.

5. Cemeteries.

D. Uses Prohibited

Any use not specifically permitted, or use not permitted upon approval as a

special exception by the Board of Zoning Appeals is prohibited.

E. Dimensional Requirements

All uses permitted in the R-3, High Density Residential District, shall comply

with the following requirements:

1. Minimum Lot Size

Single Family Dwelling Unit 7,500 sq. ft.

Duplex Dwelling Unit 10,000 sq. ft.

Multi-Family Dwelling Unit 10,000 sq. ft. for the first unit plus

2,000 sq. ft. for each additional unit

in the overall development.

Minimum Lot Width at Building Setback

Single-Family Dwellings 75 ft.

Duplex Dwellings 100 ft.

Multi-Family Dwellings 150 ft.

Art. V-8

2. Minimum Yard Requirements

Single-Family and Duplex Dwellings

Front Yard Setback 30 ft.

Side 10 ft.

Rear 20 ft.

Multi-Family Dwellings

Front Yard Setback 60 ft.

Side 25 ft.

Rear 30 ft.

3. Maximum Lot Coverage

On any lot or tract containing one or more structures, the area

occupied by all structures, including accessory structures, shall not

exceed forty (40) percent of the total area.

4. Height Requirements

No principal building shall exceed thirty-five (35) feet in height.

Exceptions to these provisions are provided in Article VI, Section

6.030, of this ordinance.

5. Parking Space Requirements

As regulated in Article IV, Section 4.010.

The following regulations shall apply in the commercial districts established in Article V,

Section 5.010, of this ordinance.

A. District Description

This district is established to provide for a wide range of retail, office,

amusement, service uses, and light industrial processes involving high

performance standards. In addition, this district provides for governmental

uses, community facilities and utilities necessary to serve the district or which

are required for the general community welfare. The regulations are

structured to permit maximum freedom of pedestrian movement. This district

is designed to provide adequate space in appropriate locations for uses

which serve the needs of the regular and local shopping. Relatively high

density and intensity of use as well as structuring these regulations to permit

maximum pedestrian movement is intended. This district is found near the

major transportation interchange in the downtown area of Eagleville.

Art. V-9

B. Uses Permitted

In the C-1, Central Business District, the following uses are permitted:

1. Essential services for utility substations, distribution and collection

lines, pumping facilities, and public rights-of-way.

1. Government buildings and community centers.

2. Convenience commercial, including barber and beauty shops, drug

and grocery stores, hardware stores and other similar uses.

3. Churches and other places of assembly.

5. Restaurants.

6. Day Care Centers.

7. Hotels and motels.

8. Professional offices, such as lawyers and accountants.

9. Business offices, such as real estate, insurance, and finance.

10. Antique and gift shops.

11. Banks.

12. Funeral Homes and mortuaries.

13. Furniture and home furnishings stores.

14. Newspaper and printing shops.

15. Medical facilities and services (excluding hospitals and nursing

homes), including medical offices, clinics, analytical, rehabilitative,

and long-term care facilities.

C. Accessory Uses and Structures

1. Signs in compliance with the regulations set forth in Article IV, Section

4.080.

2. Accessory off-street parking and loading facilities as required in

Article IV, Section 4.010.

3. Accessory structures and uses customarily incidental to the permitted

uses, provided that such accessory structures and uses are carried

out on the same lot and are not otherwise prohibited.

Art. V -10

D. Uses Permitted as Special Exceptions

In the C-1, Central Business District, the following uses may be permitted as

special exceptions after review and approval by the Board of Zoning

Appeals in accordance with Article VII, Section 7.070:

1. Parking lots and parking garages for the general public, not including

parking lots for individual businesses.

2. Manufacturing, provided such activity does not exceed the definition

of Light Industry, as defined in ARTICLE II, Section 2.020.

3. Bed and Breakfast establishments.

4. Upper story residential dwellings.

E. Uses Prohibited

In the C-1, Central Business Commercial District, any use not permitted by

right, by accessory use, or as a special exception, as defined above is

strictly prohibited.

F. Dimensional Requirements

All uses permitted in the C-1, Central Business Commercial District, shall

comply with the following requirements.

1. Minimum Lot Size

No minimum lot size shall be required in the C-1 District.

2. Minimum Yard Requirements

Front Yard—Ten (10) feet. If a building or buildings on an adjacent lot

or lots provide front yards less than 10 feet in depth, a front yard equal

to the average of adjacent front yards shall be provided.

Rear Yard—Twenty (20) feet.

Side Yard—None is required. However, if an open area extending

along a side lot line is provided, it shall be at least ten (10) feet wide,

and it shall be unobstructed.

3. Maximum Lot Coverage

There are no restrictions on the area occupied by all buildings

including accessory buildings on a lot or parcel located in the C-1

District.

4. Height Requirements

Art. V -11

No principal structure shall exceed forty (40) feet in height, except as

provided in Article VI, Section 6.030.

5. Parking Space Requirements

As regulated in Article IV, Section 4.010.

6. Accessory Structures

Accessory structures shall be located at least five (5) feet from any

side lot line, rear lot line, and any building on the same lot.

7. Landscaping

For properties that abut or are adjacent to a residential district, there

shall be screening along those affected property lines. The screening

shall be a Buffer Strip, as defined in ARTICLE II, Section 2.020.

Depending on the intensity of the commercial use, a privacy fence

may be required by the Planning Commission in addition to the buffer

strip, or may be substituted for the buffer strip, depending upon the

circumstances involved.

All trash and refuse receptacles shall be enclosed from public view by

landscaping, privacy fencing, or both, as may be required by the

Planning Commission.

8. Sidewalks

The City of Eagleville requires that the Central Business District be

pedestrian-friendly and equipped with a common walk system. A

common walk system shall be provided and maintained between

locations where pedestrian traffic is concentrated. Such common

walks shall have a minimum width of three and one-half (3 ½) feet.

All new commercial establishments shall dedicate adequate area to

accommodate a sidewalk and connect to the common walk system.

Such sidewalks shall be designed with safe, convenient,

handicapped-accessible, and all-season pedestrian access of

adequate width for intended use, durable and convenient to maintain.

Sudden changes in alignment and gradient shall be avoided.

A. District Description

This district is designed to provide adequate space in appropriate locations

for uses which serve the needs of the motoring public. Automobile and other

vehicular service establishments, transient sleeping accommodations, and

dining establishments primarily characterize this district. In addition,

commercial trade and service uses are permitted if necessary to serve the

recurring needs of persons frequenting this district. Community facilities and

utilities necessary to serve this district, or necessary for the general

Art. V -12

community welfare are also permitted. Bulk limitations required of uses in

this district, in part, are designed to maximize compatibility with lesser

intense use of land or building in proximate residential districts. Regulations

are designed to preserve the traffic carrying capacity of the streets and

roads in Eagleville and to provide for necessary off-street parking and

loading. All new commercial lots shall front on either arterial or collector

roads as indicated on the Eagleville Major Thoroughfare Plan.

B. Uses Permitted

In the C-2, General Commercial District, the following uses are permitted:

1. Government services, including city, county, State and Federal

offices, fire and police departments, court buildings and post offices.

2. Community assembly, including civic, social, fraternal and

philanthropic institutions, private clubs and lodges and temporary

nonprofit festivals.

3. Cultural and recreational services, including libraries, museums,

parks and playgrounds, gymnasiums and swimming pools.

4. Essential services for utility substations, distribution and collection

lines, pumping facilities, and public rights-of-way.

5. Health care facilities, including rehabilitation center, convalescent

homes, hospitals and medical clinics.

6. Boarding and rooming houses.

7. Animal care and veterinarian clinics.

8. Signs and billboards as regulated in ARTICLE IV, Section 4.080.

9. Parking lots and garages for the general public.

10. Sale or rental of automobiles, boats, motorcycles and or motorized

vehicles.

11. Automotive services and repairs, including the sale of gas, oil, tires

and other goods and services required in the operation of

automobiles.

12. Sale of building materials, farm equipment and supplies and lawn and

garden supplies.

13. Consumer repair services, including appliances, furniture and other

types of personal equipment.

14. Convenience commercial, including barber and beauty shops, drug

and grocery stores, hardware stores, and other similar uses.

15. Entertainment and amusement centers, including auditoriums,

theaters, bowling alleys and billiard parlor.

Art. V -13

16. Financial, consulting and administrative services.

17. Restaurants.

18. General business and communication services.

19. Personal service establishments.

20. Mini-storage facilities.

21. Retail sale of general merchandise items.

22. Medical and professional offices.

23. Hotels and motels.

24. Wholesale sales of consumer goods.

25. Funeral and cemetery services.

26. Day Care Centers.

C. Accessory Uses and Structures

1. Signs in compliance with the regulations set forth in Article IV, Section

4.080.

2. Accessory off-street parking and loading facilities as required in

Article IV, Section 4.010.

3. Accessory structures and uses customarily incidental to the permitted

uses, provided that such accessory structures and uses are carried

out on the same lot and are not otherwise prohibited.

D. Uses Permitted as Special Exception

In the C-2, General Commercial District, the following uses may be permitted

as special exceptions after review and approval by the Board of Zoning

Appeals in accordance with Article VII, Section 7.070.

1. Bed and Breakfast establishments.

2. Manufacturing, provided such activity does not exceed the definition

of Light Industry, as defined in ARTICLE II, Section 2.020.

3. Commercial Camp Grounds and Resorts

5. Race Tracks and drag strips.

E. Uses Prohibited

Art. V -14

In the C-2, General Commercial District, any use not permitted by right, by

accessory use, or as a special exception as defined above is strictly

prohibited.

F. Dimensional Requirements

All uses permitted in the C-2, General Commercial District, shall comply with

the following requirements.

1. Minimum Lot Size

No minimum land area shall be required in the C-2 District, where

public water and sewer service is available. Where only public water

is available, there shall be a minimum land area of 20,000 square

feet.

More than one (1) building shall be permitted on a single lot in the

case of a shopping center, provided that all applicable areas and

space requirements have been compiled with and further provided

that such buildings share a common fire resistant wall.

2. Minimum Yard Requirements

Front Yard Setback 50 ft.

Side 10 ft.

except where the side yard abuts or

is adjacent to a residential district in

which case the minimum setback for

that yard shall be forty (40) feet.

Rear 20 ft.

except where the rear yard abuts or

is adjacent to a residential district in

in which case the minimum setback

for that yard shall be forty (40) feet.

3. Maximum Lot Coverage

No maximum lot coverage shall be imposed in the C-2 District.

4. Lot Width

No lot shall be less than one hundred (100) feet wide, at the building

setback line.

5. Height Requirements

No principal structure shall exceed thirty-five (35) feet or three (3)

stories in height, and no accessory structure shall exceed two (2)

stories in height, except as provided in Article VI, Section 6.030.

6. Parking Space Requirements

As regulated in Article IV, Section 4.010.

Art. V -15

7. Accessory Structures

Accessory structures shall be located at least five (5) feet from any

side lot line, from the rear lot line, and from any building on the same

lot.

8. Landscaping

For properties that abut or are adjacent to a residential district, there

shall be screening along those affected property lines. The screening

shall be a Buffer Strip, as defined in ARTICLE II, Section 2.020.

Depending on the intensity of the commercial use, a privacy fence

may be required by the Planning Commission in addition to the buffer

strip, or may be substituted for the buffer strip, depending upon the

circumstances involved.

All trash and refuse receptacles shall be enclosed from public view by

landscaping, privacy fencing, or both, as may be required by the

Planning Commission.

The following regulations shall apply in the Industrial Districts established in Article V,

Section 5.010, of this ordinance.

A. District Description

This district is designed for a wide range of industrial and related uses which

conform to a high level of performance standards. This district is intended to

provide space for the types of industrial activities which by reason of volume

of raw materials or freight, scale of operation, type of structures required, or

other similar characteristics, require location relatively well segregated from

nonindustrial uses. New residential activities are excluded, and commercial

establishments and community facilities which provide needed services for

industry and are complimentary thereto are permitted. All new industrial uses

shall front on arterial streets as designated on the Eagleville Major

Thoroughfare Plan.

B. Uses Permitted

In the I-1, General Industrial District, the following uses are permitted:

1. Food and kindred products manufacturing, except meat products.

2. Textile mill products manufacturing, except dying and finishing of

textiles.

3. Apparel and other finished products made from fabrics, leather, and

similar materials manufacturing.

4. Furniture and fixtures manufacturing.

Art. V -16

5. Printing, publishing, and allied industries.

6. Fabricated metal products manufacturing except ordnance and

accessories.

7. Professional, scientific, and controlling instruments; photographic and

optical goods, watches, and clocks manufacturing.

8. Miscellaneous manufacturing including jewelry, silverware, and plated

ware, musical instruments and parts, toys, amusement and sporting

goods manufacturing, pens, pencils, and other office materials,

costume jewelry, novelties and miscellaneous notions; tobacco,

manufacturing, motion picture production.

9. All types of wholesale trade.

10. Office functions only where it is directly related to the industrial

establishment in which it is located.

11. Signs and billboards as regulated in ARTICLE IV, Section 4.080.

12. Agricultural equipment sales and repair.

13. All public utilities, including buildings, necessary structures, storage

yards and other related uses.

14. Animal health facilities including veterinary clinics.

15. Building materials storage and sales.

16. Lumber and wood products manufacturing.

C. Accessory Uses and Structures

1. Signs in compliance with the regulations set forth in Article IV,

Section 4.080.

2. Accessory structures and uses customarily incidental to the permitted

uses, provided that such accessory structures and uses are carried

out on the same lot and are not otherwise prohibited.

3. Accessory off-street parking and loading facilities as required in

Article IV, Section 4.010.

Art. V -17

D. Uses Permitted as Special Exceptions

The following uses may be permitted as special exceptions in the I-1,

General Industrial District, after review and approval by the Board of Zoning

Appeals, in accordance with Article VII, Section 7.070.

Retail and convenience trade.

E. Uses Prohibited

In the I-1, General Industrial District, any use not permitted by right, by

accessory use, or as a special exception as defined above is strictly

prohibited.

F. Dimensional Requirements

All uses permitted in the I-1, General Industrial District, shall comply with the

following requirements:

1. Minimum Lot Size

Where public water and sewer service is available, there shall be

required a minimum of two (2) acres. In areas where only public water

is available, there shall be a minimum of five (5) acres. No industrial

land uses shall be permitted in areas where a public water supply is

not available, except where the Board of Zoning Appeals has

determined that such use does not require a supply of potable water

in its manufacturing operation. In such instances, the Board may grant

written approval of the use and shall not be less than five (5) acres in

size.

Lot Width at Building Setback 150 ft.

2. Minimum Yard Requirements

Front Yard Setback 40 ft.

Side Yard Setback 20 ft.

except where the side yard abuts or

is adjacent to a residential district, in

which case the minimum setback for

that side yard shall be forty (40) feet.

Rear Yard Setback 20 ft.

except where the rear yard abuts or

is adjacent to a residential district, in

which case the minimum setback for

that side yard shall be forty (40) feet.

3. Maximum Lot Coverage

On any lot or tract containing one or more structures, the area

occupied by all structures, including accessory structures shall not

exceed fifty (50) percent of the total area.

Art. V -18

4. Height Requirements

No principal structure shall exceed forty (40) feet in height, except as

provided in Article VI, Section 6.030.

5. Parking Space Requirements

As regulated in Article IV, Section 4.010.

6. Accessory Structures

a. With the exception of signs, accessory structures shall not be

erected in any required front yard.

b. Accessory structures shall be located at least ten (10) feet from

any side lot line, from the rear lot line, and from any building on

the same lot, except where the side yard abuts or is adjacent

to a residential district, in which case the minimum setback for

that side yard shall be twenty (20) feet.

7. Landscaping

Ten (10) percent of the lot area of a tract shall be landscaped to

enhance site appearance. Included in the ten (10) percent coverage,

there shall be maintained a landscaped strip at least ten (10) feet

wide along street property lines, exclusive of business driveways and

walkways, and along any yard which abuts a residential district.

A. District Description

This district is designed to accommodate industrial uses which involve more

objectionable influences and which, therefore, cannot be reasonably

expected to conform to a high level of performance standards, but which are

essential for the economic viability of the Eagleville area. No new residential

developments are permitted, thereby insuring protection of such

developments from an undesirable environment while at the same time

ensuring adequate areas for industrial activity. All new industrial uses shall

front on arterial roads as designated on the Eagleville Major Thoroughfare

Plan.

B. Site Location Criteria

1. The proposed site will be located in areas apart from concentrations

of residential developments and community facilities where

concentrations of people will be present.

2. The proposed use will not pollute or deteriorate air quality, surface or

subterranean water, or any other natural features.

3. The proposed site will not be located in an area that could

contaminate the source of an existing public water supply.

Art. V -19

4. The proposed site will be free of sinkholes, caves, caverns, or other

karst features that would present significant potential for surface

collapse or significant degradation to local ground water resources.

5. The proposed site will be adequately served by public utilities and

services to ensure a safe operation.

6. The proposed use will not result in the transportation of dangerous

products or wastes through areas of population concentrations which

would endanger community safety.

7. Access to the site will be from a road classified as an arterial on the

Major Road Plan for Eagleville.

8. The proposed lot size is sufficient so that no danger occurs to the

adjoining uses.

9. The proposed site will not be located within a one hundred (100) year

floodplain or wetland.

C. Administrative Procedure

The provisions of this section shall govern all applications for rezoning to the

I-2, Heavy Industrial District.

1. Preliminary Review

All applications for rezoning to the I-2, Heavy Industrial District, shall

be made by the landowner or his/her authorized agent to the Zoning

Administrator in accordance with the provisions of this section. All

applications for rezonings shall be accompanied by:

a. Preliminary Development Plan to Include the Following

Information:

(1) Letter from the owner detailing the proposed zoning

change.

(2) Location map of the proposed site, including size of the

property.

(3) Site plan and topographic map prepared by a

Tennessee licensed engineer at a scale of one inch

equals two hundred feet (1"=200').

(4) Land use evaluation, including all building locations and

historical sites within a one (1) mile radius of the

proposed site, including property owners.

Art. V -20

(5) Highway assessment indicating all roads with access to

the property, showing the existing width, condition, type

of surface, weight loads and existing traffic data, and

classification of all access roads according to the

Eagleville Major Road Plan.

(6) Location and approximate dimensions of all structures,

including appropriate height and bulk and the utilization

of all structures and land areas within the site.

(7) A tabulation of the land areas to be devoted to all uses

and activities.

(8) Ability of the site to be able to meet the Site Location

Criteria in Subsection B., above, along with the General

Requirements, in Subsection H., and the Requirements

for Specific Uses, in Subsection I., below, for the

proposed use of the property.

b. Operational Data to Include the Following Information

(1) Type of operation and detailed description of the

operation.

(2) Average number of vehicles entering and leaving site

on a daily basis and the routes taken.

(3) Types of Federal and State permits required for

operation of the proposed facility.

(4) Safety measures to be used on site as well as the

system for dealing with complaints.

(5) Ultimate use and ownership of the site after completion

of operation. (Landfills only)

c. Environmental Assessments to Include the Following

Information

(1) Geological data on the site as prepared by a

Tennessee licensed geologist.

(2) Effects of the proposed use on ground water quality in

the area.

(3) Effects of the proposed use on air quality in the area.

(4) Potential danger to any surface water or water supply.

Art. V -21

2. Zoning Amendment

After review of the preliminary development plan, operational data,

and environmental assessments, the planning commission shall

recommend to the City Council whether the proposed use should be

rezoned to the I-2, Heavy Industrial District. If the City Council

approves the zoning amendment, the landowner may proceed with his

development by submitting a final development plan to the planning

commission for their approval.

3. Final Development Plan Review

After approval of the rezoning by the City Council, the landowner may

make application to the planning commission, for approval of the final

development plan, provided that the plan is in compliance with the

preliminary development plan. All final development plans shall

include the following information:

a. Final Development Plan shall Include the Following

(1) Final site plan prepared by a Tennessee licensed

engineer for the development to include, location of all

buildings, interior roads and parking areas, detailed

landscaping plan of the buffer zone prepared by a

landscape architect, location and type of all fences,

utilities, and all other features and facilities to be

installed or used in connection with the proposed

operation.

(2) Site plan to be at a scale of one inch equals two

hundred feet (1"=200').

(3) Contours at vertical intervals of not more than two (2)

feet where the proposed development has an average

slope of five (5) percent or less, or at vertical intervals of

not more than five (5) feet where the average slope

exceeds five (5) percent (contours to be field surveyed

or taken from aerial photographs acceptable to the

planning commission).

(4) Stages of development of the site and the expected

time of completion.

(5) Copies of all required Federal and State permits the

applicant has obtained.

(6) Final site plan shall be in compliance with Subsection

H, I, and J, below for the proposed use of the property.

(7) A landscaping plan is required, showing all buffer strips

and green areas including trees and shrubs and

identification of the species.

b. Site and Geological Data

Art. V -22

(1) Soil and geology, with soil borings to a point of refusal,

with a minimum of two (2) borings per acre.

(2) Final grading and drainage plan for the entire site,

including surface drainage patterns, and all areas for

surface water detention or retention.

(3) Ground water movements and aquifer information.

(4) Existing vegetation cover on the site.

(5) Annual climate of the area, including annual

precipitation and wind direction.

D. Specific Use Requirements

In addition to the general land requirements in this section, the following site

plan criteria is required for review by the planning commission:

1. For manufacture and storage of chemicals and explosives:

a. The site shall be utilized in a manner that shall not pose a

hazard off-site. All plans shall be reviewed by the Fire Chief

prior to approval in order to determine that existing services

provide adequate protection for citizens.

b. For purposes of this ordinance, service stations, dwellings, or

research laboratories are not considered uses involved in the

manufacture and storage of chemicals or petroleum products.

2. For Solid Waste Landfills:

a. All areas used for filling operations shall maintain the minimum

setback as required by this section.

b. No fires shall be permitted. Any smoldering flame or

spontaneous combustion in the fill must be immediately

extinguished.

c. All separation or picking of waste materials shall be conducted

in enclosed buildings only.

d. The premises shall be kept neat and clean at all times. No

loose paper or debris shall be allowed on the site except on

areas where active filling operations are taking place. Dusty

conditions shall be corrected by sprinkling with water or

another approved method.

e. Entrance to the site shall be controlled at all times to prevent

improper dumping on the site.

E. Uses Permitted

Art. V -23

In the I-2, Heavy Industrial District, the following uses are permitted:

1. All uses permitted in the I-1, General Industrial District.

2. Mining, drilling and quarrying activities.

3. Meat products manufacturing.

4. Dying and finishing of textiles.

5. Paper and allied products manufacturing.

6. Rubber and plastic products manufacturing.

7. Automotive and related manufacturing.

8. Signs and billboards as regulated in ARTICLE IV, Section 4.080.

9. Solid waste disposal, subject to approval of the Rutherford County

Environmentalist, the Tennessee Department of Health and

Environment.

F. Accessory Uses and Structures

1. Signs in compliance with the regulations set forth in Article IV, Section

4.080.

2. Accessory structures and uses customarily incidental to the permitted

uses, provided that such accessory structures and uses are carried

out on the same lot and are not otherwise prohibited.

3. Accessory off-street parking and loading facilities as required in

Article IV, Section 4.010.

G. Uses Permitted as Special Exceptions

In the I-2, Heavy Industrial District, the following uses are permitted as special

exceptions as regulated in Article VII, Section 7.070.

1. Stone, clay, and glass products manufacturing.

2. Chemicals and allied products manufacturing.

3. Petroleum refining and related industries.

4. Primary metal industries, limited to rolling, drawing, and

extruding of ferrous and non-ferrous metals.

5. Automobile wrecking, salvage, and junk yards, as regulated in

ARTICLE IV, Section 4.090.

6. Lots or yards for scrap or salvage operations, or for

processing, storage, display, and/or sales of any scrap or

salvage materials.

Art. V -24

7. Ordnance and accessories manufacturing.

8. Any other use, in the opinion of the Eagleville Board of Zoning

Appeals, is similar in character and function to those uses

permitted or uses permitted as special exceptions in the I-2,

Heavy Industrial District.

H. Uses Prohibited

In the I-2, Heavy Industrial District, any use not permitted by right, by

accessory use, or as a special exception as defined above is strictly

prohibited.

I. Dimensional Requirements

All uses permitted in the I-2, Heavy Industrial District, shall comply with the

following requirements:

1. Minimum Lot Size

Where public water and sewer service is available, there shall be

required a minimum of seven (7) acres. In areas where only public

water is available, there shall be a minimum of seven (7) acres. No

industrial land uses shall be permitted in areas where a public water

supply is not available, except where the Board of Zoning Appeals

has determined that such use does not require a supply of potable

water in its manufacturing operation. In such instances, the Board

may grant written approval of the use and shall not be less than seven

(7) acres in size.

Lot Width at Building Setback 200 ft.

2. Minimum Yard Requirements

Front Yard Setback 70 ft.

Side Yard Setback 25 ft.

except where the side yard abuts or is

adjacent to a residential district, in which

case the minimum setback for that side

yard shall be fifty (50) feet.

Rear Yard Setback 50 ft.

3. Maximum Lot Coverage

On any lot or tract containing one or more structures, the area

occupied by all structures, including accessory structures shall not

exceed fifty (50) percent of the total area.

Art. V -25

4. Height Requirements

No principal structure shall exceed forty (40) feet in height, except as

provided in Article VI, Section 6.030.

5. Parking Space Requirements

As regulated in Article IV, Section 4.010.

6. Accessory Structures

a. With the exception of signs, accessory structures shall not be

erected in any required front yard.

b. Accessory structures shall be located at least ten (10) feet from

any side lot line, from the rear lot line, and from any building on

the same lot.

7. Peripheral Buffer Zone Requirements

A peripheral buffer zone of one hundred (100) feet shall be

established and maintained throughout the life of the facility along all

property boundaries. This buffer will consist of three (3) rows of trees

and shrubs spaced no more than twenty (20) feet apart, staggered

with each row being twenty (20) feet apart. A minimum of sixty (60)

percent of all trees and shrubs placed in the buffer shall be

evergreens or conifers. All trees planted on the site shall be a

minimum of ten (10) feet in height that will mature at a height of at

least forty (40) feet. In addition to the rows of trees, a row of shrubs in

front of the trees is required along road frontage. In addition to the

required plantings, it is recommended that manmade and natural

berms be used to further the effectiveness of the natural planted

buffer. The peripheral buffer should only be broken by driveways and

walkways that provide access to the site. Any required fencing shall

not be located within the buffer zone or between the buffer zone and

the property boundaries.

K. Performance Bond Required

Any application for final site plan approval shall be accompanied by a

performance bond in the amount of the estimated cost of site improvements

including, but not limited to water and sewer installation, parking lot and

driveway paving, construction of fencing, screening, and landscaping. Such

bond may be in form of cash, certified check, irrevocable letter of credit, or

surety bond.

In the event that the applicant fails to comply with the approved site plan, the

Zoning Administrator shall cause the bond to be forfeited and have the

necessary improvements constructed or completed. The time for completion

may be extended with the permission of the Planning Commission, upon the

owner-builder furnishing a bond or letter of credit for any approved extended

period. Posting of the required performance bond by the developer shall

Art. V -26

constitute prior permission for the proper designated parties to enter upon

said property to complete these improvements.

The Floodway (F-1) District established by this ordinance is designed to promote

the public health, safety, and general welfare and to minimize or eliminate loss of life

and property, health and safety hazards, disruption of commerce and government

services, unusual public expenditures for flood protection and relief, and impairment

of the tax base by provisions designed to prohibit or restrict developments which

are dangerous to health, safety, or property in times of flood or which cause undue

increases in flood heights or velocities; to require the developments vulnerable to

floods, including public facilities which serve such development, shall be protected

against flood damage at the time of initial construction; and to protect individuals

from purchasing lands which are unsuitable for development purposes because of

flood hazard.

A. Statutory Authorization

The Legislature of the State of Tennessee has in Sections 13-7-201 through 13-7-

210; Tennessee Code Annotated delegated the responsibility to local governmental

units to adopt regulations designed to promote the public health, safety, and general

welfare of its citizenry. Therefore, the Eagleville, Tennessee Mayor and City

Council, does ordain as follows:

B. Findings of Fact

1. The Eagleville Mayor and its Legislative Body wishes to maintain

eligibility in the National Flood Insurance Program and in order to do

so must meet the requirements of 60.3 of the Federal Insurance

Administration Regulations found at 44 CFR Ch. 1 (10-1-04 Edition).

2. Areas of Eagleville 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.

3. These 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, flood-proofed,

or otherwise unprotected from flood damages.

Art. V -27

C. 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:

1. Restrict or prohibit uses which are vulnerable to water or erosion hazards, or

which result in damaging increases in erosion, flood heights, or velocities;

2. Require that uses vulnerable to floods, including community facilities, be

protected against flood damage at the time of initial construction;

3. Control the alteration of natural floodplains, stream channels, and natural

protective barriers which are involved in the accommodation floodwaters;

4. Control filling, grading, dredging and other development which may increase

flood damage or erosion, and;

5. Prevent or regulate the construction of flood barriers which will unnaturally divert

flood waters or which may increase flood hazards to other lands.

D. Objectives

The objectives of this Ordinance are:

1. To protect human life and health;

2. To minimize expenditure of public funds for costly flood control

projects;

3. To minimize the need for rescue and relief efforts associated with

flooding;

4. To minimize prolonged business interruptions;

5. To minimize damage to public facilities and utilities such as water and

gas mains, electric, telephone and sewer lines, street and bridges

located in floodable areas;

6. To help maintain a stable tax base by providing for the sound use and

development of flood prone areas;

7. To ensure that potential buyers are notified that property is in a

floodable area; and,

8. To establish eligibility for participation in the National Flood

Insurance Program.

Art. V -28

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.

"Accessory Structure" shall represent a subordinate structure to the principal

structure and, for the purpose of this section, shall conform to the following:

1. Accessory structures shall not be used for human habitation.

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

3. Accessory structures shall be constructed and placed on the building site so

as to offer the minimum resistance to the flow of floodwaters.

4. Accessory structures shall be firmly anchored to prevent flotation which may

result in damage to other structures.

5. Service facilities such as electrical and heating equipment shall be elevated

or floodproofed.

"Act" means the statutes authorizing the National Flood Insurance Program that are

incorporated in 42 U.S.C. 4001-4128.

"Addition (to an existing building)" means any walled and roofed expansion to the

perimeter of a building in which the addition is connected by a common loadbearing

wall other than a firewall. Any walled and roofed addition, which is

connected by a firewall or is separated by an independent perimeter load-bearing

wall, shall be considered “New Construction”.

"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 (FHBM). 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" 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 or A99.

Art. V -29

"Base Flood" means the flood having a one percent chance of being equalled or

exceeded in any given year.

"Basement" means that portion of a building having its floor subgrade (below

ground level) on all sides.

"Breakaway Wall" means a wall that is not part of the structural support of the

building and is intended through its design and construction to collapse under

specific lateral loading forces, without causing damage to the elevated portion of

the building or supporting foundation system.

"Building", means any structure built for support, shelter, or enclosure for any

occupancy or storage (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 permanent 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 fill, 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 landmasses. This

peril is not per se 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 first floodplain management code or

ordinance adopted by the community as a basis for that community’s participation

in the National Flood Insurance Program (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 National Flood Insurance Program (NFIP)).

"Existing Structures" see "Existing Construction".

Art. V -30

"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" means a general and temporary condition of partial or

complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters;

2. The unusual and rapid accumulation or runoff of surface waters from any

source.

"Flood Elevation Determination" means a determination by the Zoning

Administrator 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 floodrelated

erosion 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

Art. V -31

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 flood plain 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 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,

bridge openings and the 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.

Art. V -32

"Historic Structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing

maintained by the U.S. Department of Interior) or preliminary determined by

the Secretary of the Interior as meeting the requirements for individual listing

on the National Register;

2. 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;

3. 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

4. Individually listed on a local inventory of historic places and determined as

eligible by communities with historic preservation programs that have been

certified either:

a. By an approved state program as determined by the Secretary of the

Interior, or

b. 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

Art. V -33

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.

"Recreational Vehicle" means a vehicle which is:

1. Built on a single chassis;

2. 400 square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light duty truck;

and

4. 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.

"Riverine" means relating to, formed by, or resembling a river (including tributaries),

stream, brook, etc.

"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.

Art. V -34

"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" The Tennessee Department of Economic and

Community Development’s, Local Planning Assistance Office as designated by the

Governor of the State of Tennessee at the request of the Zoning 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, reconstruction’s, rehabilitation’s,

additions, alterations or other improvements to a structure, taking place during a 5-

year period, in which the cumulative cost equals or exceeds fifty 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 pre-identified 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

Art. V -35

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.

A. Application

This Chapter shall apply to all areas within the incorporated area of

Eagleville, Tennessee.

B. Basis for Establishing the Areas of Special Flood Hazard

The Areas of Special Flood Hazard identified on the Eagleville, Tennessee,

Federal Emergency Management Agency, Flood Insurance Study (FIS) and

Flood Insurance Rate Map (FIRM), Community Panel Numbers

47149C0220F and 47149C0335F, dated November 8, 1999, along with all

supporting technical data, are adopted by reference and declared to be a

part of this Ordinance.

C. Requirement for Development Permit

A development permit shall be required in conformity with this Ordinance

prior to the commencement of any development activity.

D. 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.

E. Abrogation and Greater Restrictions

This Ordinance is not intended to repeal, abrogate, or impair any existing

easement, covenant, or deed restriction. However, where this Ordinance

conflicts or overlaps with another, whichever imposes the more stringent

restrictions shall prevail.

Art. V -36

F. 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.

G. 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 Eagleville, 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.

H. 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 of Eagleville, Tennessee from

taking such other lawful actions to prevent or remedy any violation.

A. Designation of Ordinance Administrator

The Zoning Administrator is hereby appointed as the Administrator

implement the provisions of this Ordinance.

B. Permit Procedures

Application for a development permit shall be made to the Zoning

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, showing the nature, location,

dimensions, and elevations of the area in question; existing or proposed

structures, earthen fill, storage of materials or equipment, drainage facilities.

Specifically, the following information is required:

1. Application stage

Art. V -37

a. Elevation in relation to mean sea level of the proposed lowest

floor, including basement, of all buildings where BFE’s are

available, or to the highest adjacent grade when applicable

under this Ordinance.

b. Elevation in relation to mean sea level to which any nonresidential

building will be flood-proofed where BFE’s are

available, or to the highest adjacent grade when applicable

under this Ordinance.

c. Design certificate from a registered professional engineer or

architect that the proposed non-residential flood-proofed

building will meet the flood-proofing criteria in ARTICLE V,

Section 5.074 (C) (2).

d. Description of the extent to which any watercourse will be

altered or relocated as a result of proposed development.

2. Construction Stage

Within unnumbered A zones, where flood elevation data are not

available, the Zoning Administrator shall record the elevation of the

lowest floor on the development permit. 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.

For all new construction and substantial improvements, the permit

holder shall provide to the Zoning Administrator an as-built

certification of the regulatory floor elevation or floodproofing level upon

the completion of the lowest floor or floodproofing. Within

unnumbered A zones, where 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.

Any lowest floor certification made relative to mean sea level shall be

prepared by or under the direct supervision of, a registered land

surveyor and certified by same. When floodproofing is utilized for a

non-residential building said certification shall be prepared by or

under the direct supervision of, a professional engineer or architect

and certified by same.

Any work undertaken prior to submission of the certification shall be at

the permit holder's risk. The Zoning 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.

C. Duties and Responsibilities of the Zoning Administrator

Art. V -38

Duties of the Zoning Administrator shall include, but not be limited to:

1. Review of all development permits to assure that the 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 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 (6) 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. 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 ARTICLE V, Section 5.074 (B).

6. 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 ARTICLE V, Section 5.074 (B).

7. When flood proofing is utilized for a structure, the Zoning

Administrator shall obtain certification of design criteria from a

registered professional engineer or architect, in accordance with

ARTICLE V, Section 5.074 (B).

8. 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 Zoning 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.

9. When base flood elevation data or floodway data have not been

provided by the Federal Emergency Management Agency then the

Zoning Administrator shall obtain, review and reasonably utilize any

Art. V -39

base flood elevation and floodway data available from a Federal,

State, or other source, 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.

Within unnumbered A zones, where base flood elevations have not

been established and where alternative data is not available, the

Zoning Administrator shall require lowest floor of a building to be

elevated or flood proofed to a level of at least three (3) feet above the

highest adjacent grade (lowest floor and highest adjacent grade being

defined in ARTICLE V, Section 5.072 of this Ordinance.)

10. All records pertaining to the provisions of this Ordinance shall be

maintained in the office of the Zoning Administrator and shall be open

for public inspection. Permits issued under the provisions of this

Ordinance shall be maintained in a separate file or marked for

expedited retrieval within combined files.

A. General Standards

In all flood prone areas the following provisions are required:

1. New construction and substantial improvements shall be anchored to

prevent flotation, collapse or lateral movement of the structure;

2. 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;

3. New construction and substantial improvements shall be constructed

with materials and utility equipment resistant to flood damage;

4. New construction or substantial improvements shall be constructed by

methods and practices that minimize flood damage;

Art. V -40

5. 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;

6. New and replacement water supply systems shall be designed to

minimize or eliminate infiltration of flood waters into the system;

7. 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;

8. On-site waste disposal systems shall be located and constructed to

avoid impairment to them or contamination from them during flooding;

9. 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; and,

10. 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.

B. Specific Standards

These provisions shall apply to ALL Areas of Special Flood Hazard as provided

herein:

1. 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 one (1) foot 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 ARTICLE V, Section 5.075.

Within unnumbered A zones, where base flood elevations have not

been established and where alternative data is not available, the

Zoning Administrator shall require the lowest floor of a building to be

elevated or flood proofed to a level of at least three (3) feet above the

highest adjacent grade (lowest floor and highest adjacent grade being

defined in ARTICLE V, Section 5.072 of this Ordinance). All

applicable data including elevations or flood proofing certifications

shall be recorded as set forth in ARTICLE V, Section 5.074 (B).

2. 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

Art. V -41

basement, elevated or flood proofed no lower than one (1) 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

Zoning Administrator shall require the lowest floor of a building to be

elevated or flood proofed to a level of at least three (3) feet above the

highest adjacent grade (lowest floor and highest adjacent grade being

defined in ARTICLE V, Section 5.072 of this Ordinance). All

applicable data including elevations or flood proofing certifications

shall be recorded as set forth in ARTICLE V, Section 5.074 (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 Zoning

Administrator as set forth in ARTICLE V, Section 5.074 (B).

3. Elevated Building. 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.

a. Designs for complying with this requirement must either be certified

by a professional engineer or architect or meet the following minimum

criteria.

1) 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;

2) The bottom of all openings shall be no higher than one foot

above the finish grade; and

3) Openings may be equipped with screens, louvers, valves or

other coverings or devices provided they permit the automatic

flow of floodwaters in both directions.

Art. V -42

b. 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

c. 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 petitions shall comply with the

provisions of ARTICLE V, Section 5.074 (B) of this Ordinance.

4. 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:

1) When base flood elevations are available the lowest floor of

the manufactured home is elevated on a permanent foundation

no lower than one (1) foot above the level of the base flood

elevation; or,

2) Absent base flood elevations the manufactured home chassis

is elevated and supported by reinforced piers (or other

foundation elements) at least three (3) 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 substantially improved, must meet the

standards of ARTICLE V, Section 5.074 (B) 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:

1) Be on the site for fewer than 180 consecutive days;

2) 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.

3) The recreational vehicle must meet all the requirements for

new construction, including the anchoring and elevation

Art. V -43

requirements of this section above if on the site for longer than

180 consecutive days.

5. 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 manufactured home

parks and subdivisions) that are greater than fifty lots and/or five

acres in area.

C. Standards for Areas of Special Flood Hazard with Established Base

Flood Elevations and With Floodways Designated

Located within the Areas of Special Flood Hazard established ARTICLE V, Section

5.073 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:

1. 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 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.

2. New construction or substantial improvements of buildings shall

comply with all applicable flood hazard reduction provisions of

ARTICLE V, Section 5.075.

Art. V -44

D. Standards for Areas of Special Flood Hazard Zones AE with

Established Base Flood Elevations but Without Floodways

Designated

Located within the Areas of Special Flood Hazard established in ARTICLE V,

Section 5.073, where streams exist with base flood data provided but where no

floodways have been designated, (Zones AE) the following provisions apply:

1. 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 (1) foot at any point within the community. The

engineering certification should be supported by technical data that

conforms to standard hydraulic engineering principles.

2. New construction or substantial improvements of buildings shall be

elevated or flood-proofed to elevations established in accordance

with ARTICLE V, Section 5.075 (B).

E. Standards for Streams without Established Base Flood Elevations

or Floodways (A Zones)

Located within the Areas of Special Flood Hazard established in ARTICLE V,

Section 5.073, 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:

1. When base flood elevation data or floodway data have not been

provided in accordance with Article III, then the Zoning 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

ARTICLE V, Section 5.075, ONLY if data is not available from these

sources, then the following provisions (2 & 3) shall apply:

2. No encroachments, including structures or fill material, shall be

located within an area equal to the width of the stream or twenty feet,

whichever is greater, measured from the top of the stream bank,

unless certification by 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 (1) foot at any point within the community. The

engineering certification should be supported by technical data that

conforms to standard hydraulic engineering principles.

3. In special flood hazard areas without base flood elevation data, new

construction or substantial improvements of existing shall have the

lowest floor of the lowest enclosed area (including basement)

Art. V -45

elevated no less than three (3) 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

F. Standards For Areas of Shallow Flooding (AO and AH Zones)

Located within the Areas of Special Flood Hazard established in ARTICLE V,

Section 5.073 are areas designated as shallow flooding areas. These areas have

special flood hazards associated with base flood depths of one to three feet (l'-3')

where a clearly defined channel does not exist and where the path of flooding is

unpredictable and indeterminate; therefore, the following provisions apply:

1. All new construction and substantial improvements of residential and

non-residential buildings shall have the lowest floor, including

basement, elevated to at least one (1’) 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 (3) feet above the highest adjacent grade. Openings

sufficient to facilitate the unimpeded movements of floodwaters shall

be provided in accordance with standards of ARTICLE V, Section

2. 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 (1’) 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 (3) 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 Zoning Administrator as set forth

above and as required in ARTICLE V, Section 5.074.

3. Adequate drainage paths shall be provided around slopes to guide

floodwaters around and away from proposed structures.

4. The Zoning Administrator shall certify the elevation or the highest

adjacent grade, where applicable, and the record shall become a

permanent part of the permit file.

G. Standards For Areas Protected by Flood Protection System (A-99 Zones)

Located within the areas of special flood hazard established in Article III. 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

Art. V -46

areas (A-99 Zones) all provisions of ARTICLE V, Sections 5.074 and 5.075 shall

apply.

H. Standards for Unmapped Streams

Located within Eagleville, 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 (1) 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 ARTICLE V, Section

5.074.

The provisions of this section shall apply exclusively to areas of Special Flood

Hazard in Eagleville, Tennessee.

A. Board of Zoning Appeals

1. The Eagleville 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 (see definition) upon a determination that the proposed

repair or rehabilitation will not preclude the structure's continued

designation as a historic structure and the variance is the minimum to

preserve the historic character and design of the structure.

Art. V -47

3. In passing upon such applications, the Board of Zoning Appeals shall

consider all technical evaluations, all relevant factors, all standards

specified in other sections of this Ordinance, and:

a. The danger that materials may be swept onto other property to

the injury of others;

b. The danger to life and property due to flooding or erosion;

c. The susceptibility of the proposed facility and its contents to

flood damage;

d. The importance of the services provided by the proposed

facility to the community;

e. The necessity of the facility to a waterfront location, in the case

of a functionally dependent facility;

f. The availability of alternative locations, not subject to flooding

or erosion damage, for the proposed use;

g. The relationship of the proposed use to the comprehensive

plan and floodplain management program for that area;

h. The safety of access to the property in times of flood for

ordinary and emergency vehicles;

i. The expected heights, velocity, duration, rate of rise and

sediment transport of the flood waters and the effects of wave

action, if applicable, expected at the site, and;

j. The costs of providing governmental services during and after

flood conditions including maintenance and repair of public

utilities and facilities such as sewer, gas, electrical, and water

systems, and streets and bridges.

4. Upon consideration of the factors listed above, and the purposes of

this Ordinance, the 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.

B. Conditions for Variances

1. 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.

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

Art. V -48

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 level will result in increased premium rates for flood

insurance, and that such construction below the base flood level

increases risks to life and property.

4. The Zoning Administrator shall maintain the records of all appeal

actions and report any variances to the Federal Emergency

Management Agency upon request.

A. Conflict with other Ordinances

In case of conflict between this Ordinance or any part thereof, and the whole or part

of any existing or future ordinance of Eagleville, Tennessee, the most restrictive

shall in all cases apply.

B. Validity

If any section, clause, provision, or portion of this Ordinance shall be held to be

invalid or unconstitutional by any court of competent jurisdiction, such holding shall

not affect any other section, clause, provision