CHAPTER

MUNICIPAL PLANNING COMMISSION.
ZONING ORDINANCE.
TRAILERS AND TRAILER PARKS.
FLOODPLAIN REGULATIONS.
OFFICIAL SIGN CODE.

CHAPTER 1

MUNICIPAL PLANNING COMMISSION2

SECTION

14-101. Purpose created.
14-102. Composition; appointment of members.
14-103. Terms of members; filling of vacancies.
14-104. Members not compensated.
14-105. Removal of members.
14-106. Election and term of chairman.
14-107. General powers, duties, and responsibilities.
14-108. Additional powers.
14-109. Adoption of rules.
14-110. Appointment of employees and staff; contracts with consultants.
14-111. Expenditures.

14-101. Purpose created. In order to guide and accomplish a coordinated and harmonious development of the city which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience,

¹Charter reference Priv. Acts 1937, ch. 225, in related private acts following the charter.

²State law reference
Tennessee Code Annotated, title 13, chapter 4.

prosperity, and the general welfare, as well as the efficiency and economy in the process of development, a municipal planning commission is hereby created and established. (1982 Code, § 11-101)

14-102. Composition; appointment of members. The planning commission shall consist of seven (7) members. One (1) of the members shall be the mayor, and one (1) shall be a member of the board of mayor and aldermen selected by such board, and the remaining five (5) shall be citizens appointed by the mayor. (1982 Code, § 11-102)

14-103. Terms of members; filling of vacancies. The terms of the five (5) appointive members of the planning commission shall be five (5) years, except that in the appointment of the initial members, one (1) of such members shall be appointed for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, one (1) for a term of four (4) years, and one (1) for a term of five (5) years. Any vacancy in an appointive membership shall be filled for the unexpired term by the mayor. The term of any member selected from the board of mayor and aldermen shall run concurrently with his membership on such board. (1982 Code, § 11-103)

14-104. Members not compensated. All members of the planning commission shall serve without compensation. (1982 Code, § 11-104)

14-105. Removal of members. The mayor shall have authority to remove any appointive member of the planning commission at his pleasure. (1982 Code, § 11-105)

14-106. Election and term of chairman. The planning commission shall elect its chairman from among its appointive members. The term of the chairman shall be one (1) year with eligibility for reelection. (1982 Code, § 11-106)

14-107. General powers, duties, and responsibilities. The planning commission shall have all the powers, duties, and responsibilities set forth in all applicable provisions of Tennessee Code Annotated, title 13. (1982 Code, § 11-107)

14-108. Additional powers. Having been designated as a regional planning commission, the municipal planning commission shall have the additional powers granted by, and shall otherwise be governed by the provisions of the state law relating to regional planning commissions. (1982 Code, § 11-108)

14-109. Adoption of rules. The planning commission shall adopt rules for the transactions, findings, and determinations of the commission, which rules shall be public records. (1982 Code, § 11-109)

14-110. Appointment of employees and staff; contracts with consultants. The planning commission may appoint such employees and staff as it may deem necessary for its work and may contract with city planners and other consultants or such services as it may require. (1982 Code, § 11-110)

14-111. Expenditures. The expenditures of the planning commission, exclusive of gifts, shall be within the amounts appropriated for the purpose of the board of mayor and aldermen. (1982 Code, § 11-111)

CHAPTER 2

ZONING ORDINANCE

SECTION

14-201. Land use to be governed by zoning ordinance.

14-201. Land use to be governed by zoning ordinance. Land use within the City of McMinnville shall be governed by Ordinance Number 374, titled "Zoning Ordinance of McMinnville, Tennessee," and any amendments thereto.¹

¹Ordinance #374, and any amendments thereto, are published as separate documents and are of record in the office of the city recorder.

See Ord. #1101 (Nov. 1995) of record in the office of the recorder, adopting a new zoning ordinance and map.

CHAPTER 3

TRAILERS AND TRAILER PARKS

SECTION

14-301. Definitions.

14-302. Board of investigators for enforcement of chapter.

14-303. Purpose of fees imposed by chapter.

14-304. Trailers located outside trailer parks--prohibition and exceptions.

14-305. Dependent trailers prohibited.

14-306. Water supply for trailers located outside trailer parks.

14-307. Trailers located outside trailer parks--garbage can required; maintenance of garbage can and surrounding area.

14-308. License required for trailers located outside trailer parks.

14-309. Duty of occupant to secure license.

14-310. Application.

14-311. Fee.

14-312. Issuance.

14-313. Posting.

14-314. Expiration.

14-315. Trailer parks--districts in which permitted; location with respect to permanent dwellings.

14-316. Trailer parks--drainage requirements.

14-317. Trailer parks--trailer spaces generally.

14-318. Trailer parks--clearance between trailers and between trailers and property lines.

14-319. Trailer parks--electric outlets for trailer spaces.

14-320. Trailer parks--driveways.

14-321. Trailer parks--water supply.

14-322. Trailer parks--sewage disposal.

14-323. Trailer parks--toilet and bath facilities required for dependent trailers.

14-324. Trailer parks--garbage cans required; maintenance of garbage cans and surrounding areas.

14-325. Trailer parks--maintenance of service buildings and grounds.

14-326. Trailer parks--fire extinguishers.

14-327. Trailer parks--open or unattended fires.

14-328. Trailer parks--pets not to run at large or commit nuisance.

14-329. Trailer parks--guest register.

14-330. Trailer parks--license required.

14-331. Application for license.

14-332. Fee.

14-333. Issuance.

14-334. Posting.

14-335. Expiration.

14-336. Revocation.

14-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

(1): "Dependent trailer" means a trailer which does not have a toilet and a bath or shower.
(2): "Independent trailer" means a trailer that has a toilet and bath or shower.
(3): "Independent trailer space" means a trailer space which has sewer and water connections designated to accommodate the toilet and bath or shower contained in an independent trailer.
(6): "Trailer" means any structure intended for or capable of use for human habitation, vehicular in design, which may be driven, towed, or propelled from one location to another without change in structure or design, whether or not the same is supported by wheels.
(7): "Trailer park" means any plot of ground upon which two (2) or more trailers, occupied or unoccupied, for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.
(2): It is hereby made the duty of the board of investigators created in this section to enforce all provisions of this chapter and, for the purpose of securing such enforcement, any of the members of the board, or their duly authorized representatives, shall have the right and are hereby empowered to enter upon any premises on which any trailer is located, or is about to be located, and inspect the same and all trailers and accommodations connected therewith at any reasonable time. Such board is further empowered to issue orders granting, renewing, and revoking licenses provided for in this chapter. (1982 Code, § 5-602)

14-303. Purpose of fees imposed by chapter. Fees charged under the license requirements of this chapter are for inspection and the administration of this chapter. (1982 Code, § 5-603)

14-304. Trailers located outside trailer parks--prohibition and exceptions. (1) It shall be unlawful for any person to cause to be erected, maintained, inhabited, or used in any way whatsoever any trailer within the corporate limits of the city, except in trailer parks licensed in accord with this chapter.

(2): Subsection (1) of this section shall not apply to any person occupying a trailer in the city, and outside a licensed trailer park, on December 5, 1966, so long as he continues to occupy the same trailer at the same location. In the event such occupant sells, leases, transfers, abandons, moves, or ceases to use such trailer, then the subsequent use or occupancy thereof by any person, including the original occupant, shall be unlawful.
(3): In the event of exceptional hardships, a retailer owner may request permission for an exception to this section by application to the board of zoning appeals using the method prescribed in the zoning ordinance for appeals. The decision of the board of zoning appeals shall be final. (1982 Code, § 5-604)

14-305. Dependent trailers prohibited. Dependent trailers shall not be parked within the city, except in a trailer park licensed in accord with this chapter. (1982 Code, § 5-605)

14-306. Water supply for trailers located outside trailer parks. An adequate supply of pure water for drinking and domestic purposes shall be supplied for every trailer located outside a licensed trailer park. (1982 Code, § 5-606)

14-307. Trailers located outside trailer parks--garbage can required; maintenance of garbage can and surrounding area. A garbage can of a standard required by § 17-104 of this code shall be provided for each trailer located outside a licensed trailer park. The garbage can and surrounding area shall be kept in a sanitary condition at all times. (1982 Code, § 5-607)

14-308. License required for trailers located outside trailer parks. It shall be unlawful for any person to maintain a trailer as a dwelling, outside a licensed trailer park, or for the owner of any property outside a licensed trailer park to let space for a trailer, unless a current license has been obtained for such trailer. (1982 Code, § 5-608)

14-309. Duty of occupant to secure license. It shall be the responsibility of the occupant of a trailer to secure the license required by the preceding section. (1982 Code, § 5-609)

14-310. Application. Application for a trailer license under § 14-308 shall be filed in triplicate with the building inspector. Such application shall be in writing, signed by the applicant, and shall contain the following:

(3): The state license number, make, and model year of the trailer and any automobile owned by an occupant of the trailer.
(4): Further information as may be required by the city to enable it to determine if the trailer and site will comply with legal requirements. (1982 Code, § 5-610)

14-311. Fee. The annual fee for a license required by § 14-308 shall be five dollars ($5.00). (1982 Code, § 5-611)

14-312. Issuance. The license required by § 14-308 shall be issued by the building inspector, after the applicant has complied with all provisions of this chapter. (1982 Code, § 5-612)

14-313. Posting. A license issued under § 14-308 shall be conspicuously posted on or near the door of the trailer for which it was issued. (1982 Code, § 5-613)

14-314. Expiration. A license issued under § 14-308 shall expire twelve

(12) months from the date of issuance. (1982 Code, § 5-614)

14-315. Trailer parks--districts in which permitted; location with respect to permanent dwellings. Trailer parks may be located in any district established by the zoning ordinance except low density residence districts.¹ Each boundary of the park must be at least forty (40) feet from any permanent residential building located outside the park, unless separated therefrom by a natural or artificial barrier, or unless a majority of the property owners, according to area within such forty (40) feet, consent in writing to the establishment of the park. (1982 Code, § 5-615)

14-316. Trailer parks--drainage requirements. Every trailer park shall be located on a well-drained site properly graded to insure rapid drainage and free from stagnant pools of water. (1982 Code, § 5-616)

14-317. Trailer parks--trailer spaces generally. Trailer spaces shall be provided in a trailer park, with a minimum of one thousand (1000) square feet for each space. Each space shall be at least twenty-five (25) feet wide and clearly defined. (1982 Code, § 5-617)

¹See the zoning ordinance of record in the office of the recorder.

14-318. Trailer parks--clearance between trailers and between trailers and property lines. Trailers shall be so parked on each trailer space in a park that there shall be at least fifteen (15) feet of clearance between trailers. No trailer shall be located closer than ten (10) feet from any property line bounding the park. (1982 Code, § 5-618)

14-319. Trailer parks--electric outlets for trailer spaces. An electrical outlet supplying at least one hundred ten (110) volts shall be provided for each trailer space in a trailer park. (1982 Code, § 5-619)

14-320. Trailer parks--driveways. All trailer spaces in a park shall abut upon a driveway of not less than twenty (20) feet in width which shall have unobstructed access to a public street, alley, or highway. All driveways constructed after January 3, 1966, shall be hard-surfaced. (1982 Code, § 5-620)

14-321. Trailer parks--water supply. An adequate supply of pure water for drinking and domestic purposes shall be supplied to meet the requirements of each trailer park. The water supply shall be obtained from faucets only. No common drinking cups shall be permitted. Cold water supply faucets shall be located on each trailer space. An adequate supply of hot water shall be provided at all times in the service building for washing and laundry facilities. (1982 Code, § 5-621)

14-322. Trailer parks--sewage disposal. Waste from toilets, slop sinks, and laundries in a trailer park shall be discharged into a public sewer system in compliance with applicable provisions of this code or into a private sewer and disposal plant or septic tank system of such construction and in such a manner as will present no health hazard. All kitchen sinks, washbasins, or bath or shower tubs in any trailer harbored in any park may empty into a sanitary sink drain located on the trailer coach space. (1982 Code, § 5-622)

14-323. Trailer parks--toilet and bath facilities required for dependent trailers. Dependent trailers shall not be parked within a trailer park unless the trailer park provides at least one (1) flush toilet, one (1) shower bath or tub, and one (1) lavatory for every ten (10) dependent trailer spaces in the park. (1982 Code, § 5-623)

14-324. Trailer parks--garbage cans required; maintenance of garbage cans and surrounding areas. A garbage can of a standard required by § 17-104 of this code shall be provided for each trailer located in a trailer park. The garbage can and surrounding area shall be kept in a sanitary condition at all times. (1982 Code, § 5-624)

14-325. Trailer parks--maintenance of service buildings and grounds. All service buildings and the grounds of a trailer park shall be maintained in a clean, sightly condition and kept free from any condition that will menace the health of any occupant or the public or constitute a nuisance. (1982 Code, § 5-625)

14-326. Trailer parks--fire extinguishers. Every trailer park shall be equipped at all times with one (1) fire extinguisher, of a type approved by the fire chief, in good working order, for every ten (10) trailer spaces, and located not further than two hundred (200) feet from each trailer space. (1982 Code, § 5-626)

14-327. Trailer parks--open or unattended fires. No open fires shall be permitted at any place within a trailer park which would endanger life or property. No fires shall be left unattended in a park at any time. (1982 Code, § 5-627)

14-328. Trailer parks--pets not to run at large or commit nuisance. No owner or person in charge of any dog, cat, or other pet animal shall permit it to run at large or commit any nuisance within the limits of any trailer park. (1982 Code, § 5-628)

14-329. Trailer parks--guest register. It shall be the duty of each trailer park licensee to keep a register containing a record of all trailer owners and occupants located within the park. The register shall contain the following information:

(1) The name and address of each occupant.

(2): The name of the owner, make, model, year, and state license number of all trailers.
(3): The license number, name of owner, make, model, and year of each automobile by which a trailer is towed, and the same information for other automobiles belonging to occupants of trailers within the park.

(4) The dates of arrival and departure of each trailer.

Such register shall be kept available for inspection at all times by law enforcement officers, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register. The register records shall not be destroyed for a period of three (3) years following the date of registration. (1982 Code, § 5-629)

14-330. Trailer parks--license required. It shall be unlawful for any person to maintain or operate within the city any trailer park unless he first obtains a license therefor. (1982 Code, § 5-630)

14-331. Application for license. Application for a trailer park license shall be filed with the building inspector. Such application shall be in writing and signed by the applicant and shall contain the following:

(1): The name and address of the applicant.
(2): The location and legal description of the trailer park.

(3): A complete plan of the park showing compliance with all applicable provisions of this chapter.
(4): Plans and specifications of all buildings and other improvements constructed or to be constructed within the trailer park.
(5): Such further information as may be required by the city to enable it to determine if the proposed park will comply with all legal requirements.

The applications and all accompanying plans and specifications shall be filed in triplicate. (1982 Code, § 5-631)

14-332 Fee. The annual license fee for a trailer park shall be an amount equal to five dollars ($5.00) for each trailer space located in the park, whether occupied or not. (1982 Code, § 5-632)

14-333. Issuance. A license required by § 14-330 shall be issued by the building inspector, if the applicant and the trailer park meet the requirements of this chapter. (1982 Code, § 5-633)

14-334. Posting. The license for a trailer park shall be posted near the front door in the park office or elsewhere in a conspicuous place on the premises of the park at all times. (1982 Code, § 5-634)

14-335. Expiration. A license issued under § 14-330 shall expire twelve

(12) months from the date of issuance. (1982 Code, § 5-635)

14-336. Revocation. The city may revoke any license to maintain and operate a trailer park when the licensee fails to comply with any provision of this chapter and is found guilty by a court of competent jurisdiction of violating any provision hereof. After revocation, the license may be reissued if the circumstances leading to conviction have been remedied and the park is being maintained and operated in full compliance with the law. (1982 Code, § 5-636)

CHAPTER 4

FLOODPLAIN REGULATIONS

SECTION

14-401. Findings of fact, purpose and objectives.
14-402. Definitions.
14-403. General provisions.
14-404. Administration.
14-405. Provisions for flood hazard reduction.
14-406. Variance procedures.

14-401. Findings of fact, purpose and objectives. (1) Findings of fact.

(a): The board of mayor and aldermen of the City of McMinnville wishes otmaintain eligibility in the National Flood Insurance Program and in order to do so must meet the requirements of Section 60.3(d) of the Federal Insurance Administration Regulations found at 44 CFR Ch. 1 (10-1-88 Edition) and subsequent amendments.
(b): Areas of McMinnville are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(c): These flood losses are caused by the cumulative effect of obstructions in floodplains, causing increases in flood heights and velocities; and by uses in flood hazard areas which are vulnerable to floods; or construction with is inadequately elevated, floodproofed, or otherwise unprotected from flood damages.

(2) Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(a): Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which cause in damaging increases in erosion, flood heights, or velocities;
(b): Require that uses vulnerable to floods, including community facilities which serve such uses, be protected against flood damage; (at the time of initial construction)
(c): Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;
(d): Control filling, grading, dredging and other development which may increase erosion of flood damage, and;
(e): Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards.
(b): To minimize expenditure of public funds for costly flood control projects;
(e): 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;
(f): To help maintain a stable tax base by providing for the sound use and development of flood prone areas;
(g): To ensure that potential buyers are notified that property is in a floodable area; and,
(h): To establish eligibility for participation in the National Flood Insurance Program. (Ord. #1068, March 1993)

14-402. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

(2): "Act" means the statutes authorizing the National Flood Insurance Program that are incorporated in 42 U.S.C. 4001-4128.
(3): "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 load bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.
(4): "Appeal" means a request for a review of the building inspector's interpretation of any provision of this chapter or a request for a variance.
(6): "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.
(8): "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year.
(9): "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides.
(10): "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.
(11): "Building", for purposes of this chapter, means any structure built for support, shelter, or enclosure for any occupancy or storage. (See "structure.")
(12): "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, excavation or drilling operations, or storage of equipment or materials.
(13): "Elevated building" means a non-basement building (a) built to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers),
(b): and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.
(14): "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.
(15): "Erosion" means the process of the gradual wearing away of land masses. This peril is not per se covered under the program.
(17): "Existing construction" any structure for which the "start of construction" commenced before the effective date of this chapter.
(20): "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).
(22): "Flood elevation determination" means a determination by the 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.
(23): "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) and/or flood-related erosion hazards.
(24): "Flood hazard boundary map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the flood related erosion areas having special hazards have been designated as Zone A, M, and/or E.
(25): "Flood insurance rate map (FIRM)" means of official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
(26): "Flood insurance study" is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the Flood Boundary Map and the water surface elevation of the base flood.
(27): "Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding").
(29): "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.
(30): "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
(31): "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 an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
(32): "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 winddriven currents, is likely to suffer flood-related erosion damage.
(33): "Flood-related erosion area management" means the operation of an overall program of corrective and preventive measures for reducing floodrelated erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works and flood plain management regulations.
(34): "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 one foot.
(35): "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.
(36): "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.
(40): "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.
(41): "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.
(42): "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable 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.
(43): "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".
(44): "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.
(45): "Map" means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the agency.
(46): "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 purposes of this chapter, 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.
(47): "National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.
(48): "New construction" any structure for which the "start of construction" commenced on or after the effective date of this chapter. The term also includes any subsequent improvements to such structure.
(53): "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.
(54): "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
(55): "Sinkhole drainage basin" means the areas of severe localized drainage problems caused by natural topographic and geological conditions but not generally associated with riverine flood conditions.
(56): "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, Al-30, AE, A99, or AH.
(58): "State coordinating agency" (Tennessee Department of Economic and Community Development, Local Planning Assistance Office) means the agency of the state government, or other office designated by the Governor of the State or by state statute at the request of the administrator to assist in the implementation of the National Flood Insurance Program in that state.
(59): "Structure", for purposes of this chapter, 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.
(60): "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.

This term includes structures which have included "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

(ii): Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

(62): "Substantially improved existing manufactured home parks or subdivisions" is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
(63): "Variance" is a grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.
(64): "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 chapter is presumed to be in violation until such time as that documentation is provided.
(2): Basis for establishing the areas of special flood hazard. The areas of special flood hazard in the City of McMinnville, Tennessee, identified on the Warren County, Tennessee, Federal Emergency Management Agency, Flood Insurance Rate Maps, Community - Panel Numbers 47177C, 0025-0145; Effective Date: March 16, 1988 and any subsequent amendments or revisions, are adopted by reference and declared to be a part of this chapter. These areas shall be incorporated into the City of McMinnville, Tennessee Zoning Map.
(3): Requirement for development permit. A development permit or building permit shall be required in conformity with this chapter prior to the commencement of any development activity.
(4): Compliance. No structure or use shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.
(5): Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easement, covenant, or deed restriction. However, where this chapter conflicts or overlaps with another, whichever imposes the more stringent restrictions shall prevail.
(7): Warning and disclaimer of liability. The degree of flood protection required by this chapter 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 chapter does not imply that land outside the flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of McMinnville, Tennessee or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(8): Penalties for violation. Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, 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 McMinnville, Tennessee from taking such other lawful actions to prevent or remedy any violation.

(iii) Certificate from a registered professional engineer or architect that the non-residential flood-proofed building will meet the flood-proofing criteria in § 14-404(2)(b) construction stage below, where base flood elevation data is available.

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

(b) Construction stage. Within unnumbered A zones, where flood elevation data are not available, the building inspector 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 and the highest adjacent grade. USGS Quadrangle maps may be utilized when no more detailed reference exists to establish reference elevations.

Within all flood zones where base flood elevation data are utilized, the building inspector shall require that upon placement of the lowest floor, or flood-proofing by whatever construction means, whichever is applicable, it shall be the duty of the permit holder to submit to the building inspector a certification of the elevation of the lowest floor, or flood-proofed elevation, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by, or under the direct supervision of, a registered land surveyor, professional engineer, or architect and certified by same. When floodproofing is utilized for a particular 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 building inspector shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.

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

14-405. Provisions for flood hazard reduction. (1) General standards. In all flood prone areas the following provisions are required:

In all areas of special flood hazard where base flood elevation data have been provided, including A zones, Al-30 zones, AE zones, AO zones, AH zones and A99 zones, and has provided a regulatory floodway, as set forth in § 14-403(2) of this chapter, the following provisions are required:

(a): Residential construction. New construction or substantial improvement of any residential building shall have the lowest floor, including basement elevated no lower than one (1) foot above the base flood elevation.

(b): Non-residential construction. New construction or substantial improvement of any commercial, industrial, or non-residential building shall have the lowest floor, including basement, elevated no lower than one (1) foot above the level of the base flood elevation. Buildings located in all

(c): Elevated building. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation, shall be designed to preclude finished living space and designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls.

(i): Manufactured home and manufactured home parks are prohibited in all areas of special flood hazard.

disconnect type utilities and security devices and has no permanently attached structures. In all areas of special flood hazard where base flood elevation

data or floodway data have not been provided, the provisions of § 14-404(3)(h) of this chapter shall be utilized for all requirements relative to the base flood elevation or floodways.

(3): Standards for areas of special flood hazard Zones Al-30 and AE with established base flood elevation but without floodways designated. Located within the areas of special flood hazard established in § 14-403(2) of this chapter,, where streams exist with base flood data provided but where no floodways have been provided, (Zones Al-30 and AE) the following provisions apply:

(4): Standards for areas of shallow flooding (AO and AH Zones). Located within the areas of special flood hazard established in § 14-403(2) of this chapter, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet (1' - 3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply:

below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

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

(5): Standards for areas protected by flood protection system (A-99 Zones). Located within the areas of special flood hazard established in § 14-403(2) of this chapter are areas of the 100-year flood protected by a flood protection system which is under construction but where base flood elevations and flood hazard factors have not been determined. With these areas (A-99 Zones) the following provisions apply:

(6): Standards for areas of special flood hazard with established base flood elevation and with floodways designated. Located within the areas of special flood hazard established in § 14-403(2) of this chapter, where streams exist with base flood data and floodways provided, the following provisions apply:

(7): Standards for unmapped streams. Located within the City of McMinnville, Tennessee are unmapped streams where areas of special flood hazard are neither indicated nor base flood data or floodways have been provided. Adjacent to such streams the following provisions shall apply:

(8): Standards for subdivision proposals. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, 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:

(9): Standards for sinkhole drainage basin areas. Located within the City of McMinnville and shown on the Flood Insurance Rate Maps for Warren County, Tennessee are sinkhole drainage basin areas. Within these sinkhole drainage basin areas the following provisions shall apply:

14-406. Variance procedures. The provisions of this chapter shall apply exclusively to areas of special flood hazard.

(1): Board of zoning appeals. (a) The City of McMinnville Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
(b): 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.
(d): Upon consideration of the factors listed above, and the purposes of this chapter, the board of zoning appeals may attach such conditions to the granting of variances as it deems necessary to effectuate the purposes of this chapter.
(e): Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(b): Variances shall only be issued upon (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship; 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 nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(c): Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the base flood 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.
(d): The building inspector shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (Ord. #1068, March 1993)

CHAPTER 5

OFFICIAL SIGN CODE

SECTION

14-501. Governed by ordinance available in recorder's office.

14-501. Governed by ordinance available in recorder's office. Regulations for signs and similar advertising structures are established as a reasonable and impartial method of regulating signs and similar advertising structures in order to insure light, air, and open space, to reduce hazards at intersections, to protect property values of the entire community, and to enhance the aesthetics of the community. These regulations are provided in Ordinance Number 1108, March 1994,¹ which is of record in the office of the recorder.

¹This ordinance has been amended by Ord. #1136 (March 1995), Ord. #1215 (Sept. 1996) and amended by Ord. #1276 (Dec. 1997) which are of record in the office of the recorder.