ITEM 25

Proposed Changes to Articles 2, 19 and 23-Williamson County Zoning Ordinance incorporating changes to the State of Tennessee model floodplain ordinance requested by the Tennessee Emergency Management Agency (TEMA) and the Federal Emergency Management Agency (FEMA) related to floodplain variance procedures and other amendments as required for continued participation in the National Flood Insurance Program (NFIP).

Amend Article 2: Administration as follows:

Amend Section 2.02(D)(2) as follows:

Renumber current subsection (c) to (d)

Add new subsection (c) as follows:

c) To hear and make decisions on applications for appeal from decisions related to Article 19 and requests for variances from the requirements of Article 19 utilizing the criteria and guidelines outlined in Article 19.

Amend Section 2.02(E)(4)(c) by removing the word “following” from that sentence.

Currently Reads:

To undertake the following additional duties and responsibilities related to floodplains as outlined in Article 19: Flood Hazard Reduction and Compliance with the National Flood Insurance Program (NFIP).

Proposed to read:

To undertake the additional duties and responsibilities related to floodplains as outlined in Article 19: Flood Hazard Reduction and Compliance with the National Flood Insurance Program (NFIP).

Add new subsection (d) to Section 2.02(E)(4) as follows:

d) To review and provide comments to the BZA and staff report on applications for variances from Article 19: Flood Hazard Reduction and Compliance with the National Flood Insurance Program (NFIP).

Amend Article 19: Flood Hazard Reduction and Compliance with the National Flood Insurance Program (NFIP) as follows:

Amend Section 19.05 as follows:

Delete (A) and (B) in their entireties and replace with the following:

(A) AUTHORITY

(1) In addition to the authority granted in Section 2.02 (D): Williamson County Board of Zoning Appeals, the Board of Zoning Appeals shall hear and decide appeals from the decisions related to this Article 19 and requests for variances from the requirements of this Article 19 utilizing the criteria and guidelines outlined herein.

(2) The procedure for filing an appeal shall be as outlined in Section 5.03: Appeal and Article 3: Common Review Procedures.

(3) The procedure for filing a request for a variance shall be as outlined in Section 5.02: Variance and Article 3: Common Review Procedures.

(B) POWERS

In addition to the powers found in Section 2.02 (D): Williamson County Board of Zoning Appeals, the Board of Zoning Appeals shall have the following powers:

(1) Appeals

To hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, permit, decision, determination, or refusal made by the Administrator or other administrative official in carrying out or enforcement of any provisions of Article 19.

(2) Variances

To hear and decide requests for variances from the requirements of this Article 19.

a) Variances may be issued for the repair or rehabilitation of historic structures as defined herein upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary deviation from the requirements of the provisions of this Article 19 to preserve the historic character and design of the structure.

b) Variances shall not be issued by the County within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result;

c) Variances may be issued by the County for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with Section 19.05(B)(2) (d), (e), (f) and (g);

d) Variances shall only be issued by the County upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;

e) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

f) The County shall notify the applicant in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with a record of all variance actions as required in this subsection; and

g) The County shall (i) maintain a record of all variance actions, including justification for their issuance, and (ii) report such variances issued in its annual or biennial report submitted to the Federal Insurance Administrator.

h) Variances may be issued by the County for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria of Section 19.05(B)(2) (b)-(e) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

i) In passing upon such applications, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other section of this Article 19 and the following criteria:

i) The danger that materials may be swept onto other property to the injury of others;

ii) The danger to life and property due to flooding or erosion;

iii) The susceptibility of the proposed facility and its contents to flood damage;

iv) The importance of the services provided by the proposed facility to the community;

v) The necessity of the facility to a waterfront location, in the case of a functionally dependent use;

vi) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

vii) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

viii) The safety of access to the property in times of flood for ordinary and emergency vehicles;

ix) 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

x) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, and streets and bridges.

j) Conditions on Variances

Upon consideration of the factors listed above, and the purposes of this Article 19, the Board of Zoning Appeals may attach such conditions to the granting of variances, as it deems necessary to effectuate the purposes of this Article 19.

Amend Article 23, Section 23.04: Definitions to replace the following definitions:

Replace all parentheticals references that read “(Related to Special Flood Hazard Protection Standards)” or “(Related to Special Flood Hazard Areas)” throughout the entirety of the Section with “(As utilized in Article 19)”.

Replace the existing definition of “Emergency Flood Insurance Program or Emergency Program” in its entirety with:

“Means the program as implemented on an emergency basis in accordance with 42 USC Section 1336 of the National Flood Insurance Act of 1968 and 42 USC Section 4056 of

the Flood Disaster Protection Act of 1973. 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.”

Replace the existing definition of “Flood or Flooding” in its entirety with:

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

a) The overflow of inland or tidal waters.

b) The unusual and rapid accumulation or runoff of surface waters from any source.

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

Or

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

Replace the existing definition of “Erosion” in its entirety with:

Erosion (As utilized in Article 19)

Means the process of the gradual wearing away of land masses. This peril is not “per se” covered under the Emergency Flood Insurance Program.

Replace the existing definition of “State Coordinating Agency” in its entirety with:

State Coordinating Agency (As utilized in Article 19)

The Tennessee Emergency Management Agency, State NFIP Office, as designated by the Governor of the State of Tennessee at the request of FEMA to assist in the implementation of the NFIP for the State.

Amend Article 23, Section 23.04: Definitions to add the following definitions:

“Building” see “Structure” (As utilized in Article 19)

Person (As utilized in Article 19)

Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including State and local governments and agencies.

Amend Article 23, Section 23.04: Definitions to correct various Terms of Art:

Within the definition for “New Construction”, capitalize and quote the term “Start of Construction”.

Within the definition for “Substantial Improvement”, capitalize and quote the terms “Start of Construction” and “Substantial Damage”.