SUBSTITUTE ORDINANCE NO. BL2011-940

An ordinance amending Chapter 15.64 of the Metropolitan Code pertaining to the construction of structures within the floodway.

WHEREAS, on December 21, 2010, the Metropolitan Council enacted Ordinance No. BL2010-794 that, in part, prohibited the construction of new structures within the floodway; and

WHEREAS, recent situations have arisen that necessitate a clarification regarding the types of structures to which this prohibition is to apply.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Chapter 15.64 of the Metropolitan Code is hereby amended by designating the existing provisions of Section 15.64.170 as subsection A., and adding the following as subsection B.:

B. Notwithstanding the provisions of subsection A. to the contrary, the stormwater division may allow the construction of the following types of structures within the floodway, provided the structure is designed and engineered, in such a manner so as to have no adverse impact:
a. Grade-level surface parking areas, paths and hiking trails.
b. Temporary structures, defined in Section 15.64.010 as “structure, temporary”, that are 100 square feet in size or less and are not used as a dwelling unit for humans.
c. Water-related features such as bridges, wharfs, docks, and boat ramps.
d. Public infrastructure installed by or for the benefit of the Metropolitan Government
e. Rebuilding of an existing residential structure in the floodway that has sustained cumulative casualty loss in excess of fifty percent (50%), provided the rebuilt structure is within the same building footprint as the damaged or destroyed structure and is elevated in accordance with the requirements of the Metro Stormwater Manual.

Section 2. Chapter 15.64 of the Metropolitan Code is hereby amended adding the following sentence to the definition “structure” in Section 15.64.010:
a. Structure shall not include fences.

Section 3. This Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Darren Jernigan, Emily Evans, Jim Forkum

LEGISLATIVE HISTORY
Introduced:	June 7, 2011
Passed First Reading:	June 7, 2011
Referred to:	Public Works Committee
Substitute Introduced:	June 14, 2011
Passed Second Reading:	June 14, 2011
Passed Third Reading:	June 21, 2011
Approved:	June 22, 2011
By: