§ 17.40.380. Special hillside exception.

Requests for exceptions from the hillside development standards of Chapter 17.28 shall be administered and decided in conformance with the requirements of this article. The board shall have no authority to vary lot areas within platted residential developments utilizing lot area averaging or cluster lot option provisions of Chapter 17.12.

A.

Application Requirements. At a minimum, an application requesting a variance from the hillside development standards shall include the following information:

1.

A report, prepared and endorsed by a qualified professional engineer licensed in the State of Tennessee, that includes at a minimum the following information:

a.

A report on the soils, geology and hydrology characteristics of the site;

b.

Recommended grading procedures; and

c.

Recommended measures to mitigate potential geologic or hydrologic impacts on the proposed development and any potentially affected adjacent property.

2.

An engineering report prepared by a qualified professional engineer registered in the State of Tennessee that demonstrates conclusively that:

a.

Proposed construction methods will improve or at a minimum not adversely impact the natural stability of the slope;

b.

Construction techniques are being employed that will minimize disruption of the existing topography and vegetation; and

c.

Existing geological constraints of the site, including soils and hydrology, are adequately addressed in the design of the project.

B.

Standards for Granting the Exception. Before granting an exception, the board of zoning appeals shall find that the written petition conforms to the application requirements of this article and that the preponderance of evidence shows that hillside development is appropriate.

(Ord. 96-555 § 10.8(F), 1997)