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"Building." Any structure
built for the support, shelter, housing, or enclosure
of persons, animals, or property of any kind.
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"Commission." The planning
commission of the City of Athens, Tennessee.
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"City." The City of Athens,
Tennessee.
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"Dwelling." A building
or portion thereof which is designed or used exclusively
for residential purposes.
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"Dwelling unit." A group
of one or more rooms designed for or intended for occupancy
by a single family.
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"Flood plain." That area
of a stream bed or its adjoining land subject to recurrent
overflow or inundation in time of flood.
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"Row dwelling." One of
a series of three or more attached dwelling units under
a common roof with a common exterior wall and separated
from one another by continuous vertical party walls without
openings from basement to roof.
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"Single family dwelling."
A detached building designed for or intended to be occupied
by one family.
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"Site plan." A plan delineating
the overall scheme of development of a tract of land,
including but not limited to grading, engineering design,
construction details, and survey data for existing and
proposed improvements; size, height, shape and location
of buildings; location and design of parking areas, pedestrian
and vehicular circulation on site, and circulation for
emergency apparatus..14-4
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"Structure." Anything
which is built or constructed. An assembly of materials
or any piece of work artificially built up or composed
of parts joined together in some definite manner.
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"Two family dwelling."
A building designed for, or intended to be occupied by
not over two families living independently of each other.
This shall include both duplex (one dwelling unit above
another) and semi-detached (two dwelling units having
a common vertical party wall). (1972 Code, § 11-201)

14-302. Exceptions. The provisions
of this chapter shall not apply to:
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Single family dwellings, two family dwellings,
accessory buildings thereto, or to the land on which they
are situated or proposed.
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Additions to buildings where the total
gross floor area of the proposed addition does not exceed
one third of the total gross floor area of the existing
building or 1,000 square feet, which ever is smaller.
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New buildings where the total gross floor
area does not exceed 1,000 square feet; provided there
is no alteration of the drainage flow of the land or grading
exceeding a cut or fill of one foot, the site is not in
the flood plain, and the site is not in excess of 10,000
square feet.
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Improvements for off-street parking purposes
when appurtenant only to existing buildings and where
access will be provided by existing driveways, provided
such improvement does not provide more than five additional
parking spaces.
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Grading of open areas, either by excavation
or fill, for the sole purpose of bringing the land to
a grade compatible with the surrounding area, provided
the city engineer finds on an inspection of the site that
such grading will have no adverse effect on the land of
surrounding property owners, will not encroach on or impair
existing drainage channels or flood plains, and will not
cause problems of erosion, ponding, and/or silting on
adjoining properties. (1972 Code, § 11-202)

14-303. Approved site plan required
to erect buildings. Except as hereinbefore provided
in § 14-302, it shall be unlawful for any person to
construct or erect any building or structure on any land
within the city until a site plan has been submitted and
approved in accordance with the provisions of this chapter.
(1972 Code, § 11-203)

14-304. Approved site plan required
to enlarge buildings. Except as hereinbefore provided
in § 14-302, it shall be unlawful for any person to
alter any building or structure on any land within the City
of Athens, Tennessee, in such a manner as to increase the
floor area or change the land area covered by the building
or structure until a site plan has been submitted and approved
in accordance with the provisions of this chapter. (1972
Code, § 11-204).14-5

14-305. Approved site plan required
to disturb land. Except as hereinbefore provided in
§ 14-302, it shall be unlawful for any person to: Alter
the grade of any land in such a manner as to change the
contours in excess of two feet within ten feet of adjacent
land, or in excess of three feet elsewhere; construct any
streets, alleys, sidewalks, curbs, or gutters; build any
retaining walls; construct any off-street parking facility;
construct any drain or sewer or change or divert the flow
of storm water or natural water courses until a site plan
has been submitted and approved in accordance with this
chapter. (1972 Code, § 11-205)

14-306. Development according to
site plan. It shall be unlawful for any person to construct,
erect, or alter any building or structure or to develop,
change, or improve land for which an approved site plan
is required by this chapter, except in accordance with the
approved final site plan. (1972 Code, § 11-206)

14-307. Pemits not to be issued
without approved site plans. No permit shall be issued
to erect or alter any building or structure or alter the
grade of any land that is subject to this chapter until
a site plan has been submitted and approved in accordance
with the provisions of this chapter. (1972 Code, §
11-207)

14-308. Site plan submission.
The owner or developer shall submit three copies (or as
many as may be required by the city engineer) of his proposed
site plan to the city engineer five days prior to his intended
date of site alterations. The city engineer shall consider
the site plan in light of the provisions of this chapter
and approve or disapprove same as required. The plan shall
then be returned to the owner or his agent with the date
of such approval or disapproval noted thereon over the signature
of the city engineer. (1972 Code, § 11-208)

14-309. Site plan.
1. The site plan shall show the following:
(a) Name of development or address.
(b) Name and address of owner of record and the applicant.
(c) Present zoning of the site and abutting property.
(d) Date, scale, and north point with reference to source
of meridian.
(e) Courses and distances of center lines of all streets
and all property lines.
(f) All building restricting lines, highway setback lines,
easements, covenants, reservations, and rights-of-way.
(g) The total land area.
(h) Topography of existing ground and paved areas and elevations
of streets, alleys, utilities, sanitary and storm sewers,
and buildings and structures. Topography to be shown by
dashed line.14-6 illustrating two foot or five foot contours
as required by the city engineer and by spot elevations
where necessary to indicate flat areas, as based on U.S.C.
and G.S. datum.
(i) Two spaces for the signed approval of the commission.
2. The site plan shall show the location of the following
when existing:
(a) Sidewalks, streets, alleys, easements,
and utilities.
(b) Buildings and structures.
(c)Public sewer systems.
(d) Slopes, terraces, and retainings walls.
(e) Driveways, entrances, exits, parking areas, and sidewalks.
(f) Water mains and fire hydrants.
(g) Trees and shrubs.
(h) Recreational areas and swimming pools.
(i) Natural and artificial water courses.
(j) Limits of flood plains.
3.The site plan shall show the location, dimensions,
size, and height of the following when proposed:
(a) Sidewalks, streets, alleys, easements, and utilities.
(b) Buildings and structures.
(c)Public sewer systems.
(d) Slopes, terraces, and retaining walls.
(e) Driveways, entrances, exits, parking areas, and sidewalks.
(f) Water mains and fire hydrants.
(g) Trees and shrubs.
(h) Recreational areas.
(i) Distances between buildings.
(j) Estimates of the following.
(i) Number of dwelling
units.
(ii) Number of parking spaces.
(iii) Number of loading spaces.
(iv) Square feet of floor space.
(v) Number of commercial or industrial tenants and employees.
(vi) Plans for collecting storm water and methods of
treatment of natural and artificial water courses including
a delineation of limits of flood plains if any.
(vii) Proposed grading, surface drainage, terraces,
retaining wall heights, grades on paving areas, and
ground floor elevations of proposed buildings and structures.
Proposed topography of site shall be shown by two or
five foot contours as required by the city engineer.
4. The site plan shall include an adequate "erosion
control plan" which meets the specifications of the
soil conservation district. (1972 Code, § 11-209).14-7

14-310. Requirements, regulations,
and restrictions.
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Any building or structure erected or altered
shall comply with the provisions of the municipal code
as amended and any applicable laws of the State of Tennessee.
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Any work or development on the site, including
but not limited to the following, shall comply with the
provisions of the municipal code as amended and any applicable
laws of the State of Tennessee: The grading of land; the
installation of utilities; the construction of curbs,
gutters and sidewalks; the construction of streets, alleys,
and retaining walls; the construction of drains and sewers;
the construction of off-street parking; the construction
or erection of any improvement on the site.
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Any building or structure shall be reasonably
accessible to fire, police, emergency, and service vehicles.
When deemed necessary for access by the fire chief or
city engineer, emergency vehicle easements shall be provided.
The access for fire, police, and emergency vehicles shall
be unobstructed at all times.
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The width, grade, location, alignment,
and arrangement of streets, sidewalks, and alleys shall
conform to the master plan and/or subdivision regulations
of the city as near as is reasonably practicable.
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Off-street parking facilities shall have
a reasonable slope and be accessible, safe, and properly
drained.
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Streets, sidewalks, and alleys shall,
insofar as reasonably practicable, provide access and
good traffic circulation to and from adjacent lands, existing
streets, alleys, and sidewalks and proposed or planned
streets, alleys, and sidewalks. Where deemed necessary
by the planning commission, commercial property fronting
on major or secondary thoroughfares (also known as arterials
or collectors) shall be required to provide a frontage
access road of no less than 27 feet in width with permanent
or temporary access to the public thoroughfare to be provided
at a location deemed desirable by the planning commission.
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Adequate water mains and fire hydrants
shall be provided in accessible places in accordance with
good fire fighting and fire prevention practice acceptable
to the chief of the fire department.
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Adequate provision shall be made for the
collection and disposition of all on site and off site
storm water and natural surface water. Natural drainageways
shall be used when it is reasonably practicable to do
so, and improvements shall be made to said ways in accordance
with good engineering practice when, in the opinion of
the city engineer, good engineering practice indicates
the need for improvements.
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Adequate provision shall be made for the
collection and disposition of all on and off site sanitary
sewage.
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Adequate provision shall be made to control
flooding.
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The obstruction of natural water courses
shall be avoided.
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Adequate provision shall be made to control
the slippage, shifting, erosion, accretion, and subsidence
of soil..14-8
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Adequate provision shall be made to control
the slipping and shifting of buildings and structures.
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Adequate provision shall be made to protect
other lands, structures, persons, and property.
(1972 Code, § 11-210)

14-311. Appeals. If an applicant
determines that his site plan has been
unjustly disapproved or that the city engineer has made
requests for conformity
to standards other than those set forth in this chapter,
he may appeal the
decision of the city engineer to the city council. (1972
Code, § 11-211).14-9

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