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Brentwood City Commission Agenda
Meeting Date: 09/27/2021  
Second and Final Reading of Ordinance 2021-04, which proposes amendment to Chapter 56, Article II of the Municipal Code Regarding the Allowance of Porches and Decks on Elevated Structures in the Floodway
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  
Information
Subject
Second and final reading of Ordinance 2021-04 which proposes the amendment of Chapter 56, Article II of the Municipal Code regarding the allowance of porches and decks on elevated structures within the designated floodway. 
Background
The City's participation in the National Flood Insurance Program (NFIP) requires compliance with Federal Emergency Management Agency (FEMA) guidelines for development within identified local floodplain areas.  Participation in the program is essential so that individual structures built or improved in the floodplain will remain eligible for flood insurance under the federal program.

As a result of the March 2021 flood and the increased desired to elevate homes in the floodway, staff was directed to evaluate the allowance of porches and decks for elevated structures in the floodway.  The proposed changes to Chapter 56, Article II (Flood Prevention) include the following: 
  1.  A new term “porch” has been added to the definitions in Section 56-63.
  2. Section 56-83 (4) has been added to include the allowance of elevated, unenclosed decks without walls or roofs.
  3. Section 56-83 (5) has been added to include the allowance of an elevated, unenclosed front porch no longer than 25% of the length of the front façade of the home and no deeper than eight (8) feet beyond the average front plane of the home. 
  4. Section 56-83 (5) also adds limitations on landing construction and sizes.
These proposed changes will only apply to an elevated building that complies with or has been permitted to comply with the elevation requirements as outlined in Chapter 56, Article II.  These improvements must also comply with no-rise certifications and all other jurisdictional permits, design and placement requirements per the adopted building and municipal codes. 

Tennessee Emergency Management Agency (TEMA) has reviewed and approved the proposed changes. 

A version of the Code that shows the additions in a bolded font and the deleted text as strikethrough is attached below.  

The proposed ordinance was approved on first reading on September 13, 2021. A Planning Commission review of the proposed amendments is not required because they are not part of the zoning ordinance. 

Should you have any questions or require additional information, please feel free to contact Todd Petrowski, Senior City Planner.
Staff Recommendation
Staff recommends approval of Ordinance 2021-04 on second and final reading.  
Previous Commission Action
Also, on September 13, 2021 the Board of Commissioners voted unanimously five for and zero against (5-0) to approve Ordinance 2021-04 on first reading. 

On September 13, 2021 the Board of Commissioners voted unanimously five for and zero against (5-0) to approve Ordinance 2021-20 on second and final reading.  The ordinance proposed amendments to Chapter 56, Article I of the Brentwood Municipal Code relative to land disturbance and grading permit requirements

On August 23, 2021 the Board of Commissioners voted to approve amendments to Chapter 56, Article I of the Municipal Code relative to land disturbance and grading permit requirements.

On February 22, 2021 the Board of Commissioners voted to approved Ordinance 2021-05 on Second and final reading.  The ordinance became effective on March 3, 2021.

On February 8, 2021 the Board of Commissioners voted to approved Ordinance 2021-05, which amended Chapter 56, Article II (Flood Prevention) of the Municipal Code. The ordinance adopted,
  1. Three revised Flood Insurance Rate Map (FIRM) panels, numbers 47187C0115G, 47187C0230G and 47187C0235G, which became effective on February 26, 2021.  
  2. The addition of mudslides for the term Flood or Flooding,
  3. The addition of the word “regulatory” before flood protection elevation,
  4. Additional language regarding the actual FEMA form number required for a final finished construction elevation certificate; and
  5. The inclusion of more detailed language regarding the paperwork submitted for substantial damage / improvement determinations. 
 On October 28, 2019 The Board of Commissioners voted unanimously (seven for and zero against (7-0)) to approve Ordinance 2019-09 on second and final reading. 

On October 14, 2019, the Board of Commissioners voted unanimously (seven for and zero against (7-0)) to approve Ordinance 2019-09 on first reading. 

Two citizens spoke regarding the proposed ordinance under the Comments from Citizens potion of the agenda.  
Mary Hesselrode -- 1915 Harpeth River Drive 
Steven Ross -- 1936 Harpeth River Drive 
Fiscal Impact
Attachments
Ordinance 2021-04
Bolded/Strikethrough Version Showing Changes
Signed Ordinance

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