§ 17.28.020. Applicability.

A.

Hillside Development Standards. The hillside development standards apply to new construction on land in an undeveloped state where natural slopes are of fifteen percent or greater.

B.

Special Flood Hazard Development Standards. The floodplain development standards apply to new construction where there are special flood hazard areas, as described in the Nashville stormwater management manual. Nothing contained in the official maps of special flood hazard shall prohibit the application of these regulations to lands which can be demonstrated by competent engineering survey to lie within any one hundred-year floodplain; conversely, any lands which can be demonstrated by competent engineering to lie beyond the floodplain shall not be subject to these regulations.

C.

Problem Soils Requirements. The problem soil development standards apply to predevelopment conditions for new development located within the listed soil types as identified in the Davidson County Soil Survey (USDA, Soil Conservation Service).

D.

Protection of Cedar Glade Plant Communities. The standards for Cedar Glade plant communities apply to predevelopment conditions for new residential construction located within Cedar Glades as identified by the Tennessee Department of Environment and Conservation.

E.

Exemptions. The provisions of this article shall not apply to:

1.

Any construction, development or use initiated pursuant to any valid building permit or approved final site plan issued or approved prior to the adoption of the ordinance codified in this title;

2.

Any essential public utility facility, system or road initiated to provide utility services or access to a property;

3.

Repairs or replacement to an existing structure or building that does not increase impervious surface area of the site more than twenty-five percent of the existing area or multiple increases of not more than fifty percent in any five-year period;

4.

The construction of a single-family or two-family dwelling unit on a platted lot existing at the time of the enactment of the ordinance codified in this title; a lot depicted on a preliminary plat of subdivision having a valid approval by the planning commission on the effective date of the ordinance codified in this title; and subsequently recorded in compliance with that preliminary approval shall also be exempt.

(§ 5(1) of Amdt. 1 with Ord. 96-555 § 7.1(B), 1997)