(A) General. Certain areas in the city, under existing conditions, are unsuitable for permanent occupancy being subject to periodic inundation. The purpose of the FA Flood Area Zone is to safeguard human life and property from the dangers of flood and avoid the losses both in life and wealth which may occur. The city has adopted an ordinance to control flood hazard areas which should be read in conjunction with this zoning chapter. The city’s ordinance for flood hazard area shall take precedence and be superior to the terms herein only if there is determined to be an ambiguity or duplication.
(B) Boundaries. The boundaries of the FA Flood Area Zone have been determined from data obtained from the Louisville District of the Corps of Engineers of the Department of the Army and the Federal Emergency Management Agency. Such boundaries run on the west side of the city from State Road 256 south to York Road and on the south side of the city from the intersection of Cross Street and High Street south to York Road. (see Map at the end of this section). The city has a flood hazard boundary map, FHBM, and a flood insurance rate map, FIRM, which were prepared by the Federal Emergency Management Agency which maps are utilized herein.
(C) Permitted uses.
(1) No building, structure, or land shall be used and no building or structure shall hereafter be erected, enlarged, or maintained except for the following uses:
(a) Parks, playgrounds, boat houses, golf courses, landings, docks, and related uses;
(b) Wildlife sanctuaries operated by governmental units or non-profit organizations; woodland preserves;
(c) Farming, truck, and nursery gardening;
(d) Pasture, grazing;
(e) Forestry, reforestation, excluding storage and mill structures;
(f) Hunting, fishing;
(g) Outlet installations for sewage treatment plants, sealed public water supply wells, utility transmission lines; and
(h) Loading areas, parking areas, airport landing strips.
(2) Subject to the following conditions:
(a) Upon receipt of an application for an improvement location permit, the Building Official shall determine if the site is located within an identified floodway or within the floodplain where the limits of the floodway have not yet been determined;
(b) 1. If the site is in an identified floodway the Building Official shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit for construction in a floodway. Under the provisions of I.C. Title 14, a permit from the Natural Resources Commission is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing, and paving, etc. undertaken before the actual start of construction of the building;
2. No action shall be taken by the Building Official until a permit has been issued by the Natural Resources Commission granting approval for construction in the floodway. Once a permit has been issued by the Natural Resources Commission, the Building Official may issue the local improvement location permit, provided the provisions contained in Sections 7 and 8 of this ordinance have been met. The Improvement Location Permit cannot be less restrictive than the permit issued by the Natural Resources Commission;
(c) If the site is located in an identified floodway fringes, then the Building Official may issue the local improvement location permit provided the provisions contained in this chapter have been met. The key provision is that the lowest floor of any new or substantially improved structure shall be at or above the flood protection grade;
(d) If the site is an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined and the drainage area upstream of the site is greater than one square mile, the Building Official shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources for review and comment.
1. No action shall be taken by the Building Official until either a permit for construction in the floodway or a letter of recommendation citing the 100-year flood elevation and the recommended flood protection grade has been received from the Department of Natural Resources.
2. Once the Building Official has received the proper permit or letter of recommendation approving the proposed development, an improvement location permit may be issued provided the conditions of the ILP are not less restrictive than the conditions received from Natural Resources and the provisions contained in Section 7 and 8 of this ordinance have been met.
(e) Preventing increased damages. No development in the Flood Hazard Area shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety.
1. Within the floodway identified on the flood boundary and floodway map or the flood insurance rate map, the following standards shall apply:
a. No development shall be allowed which acting along or in combination with existing or future similar works, will cause any increase in the elevation of the regulatory flood; and
b. For all projects involving channel modifications or fill (including levees) the city shall submit a request to the Federal Emergency Management Agency to revise the regulatory flood data.
2. Within all SFHAs identified as A Zones (no 100-year flood elevation and/or floodway/floodway fringe delineation has been provided), the following standard shall apply: the total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood elevation more than one-tenth (0.1) of one foot and will not increase flood damages or potential flood damages.
3. Public health standards in all SFHAs. No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection grade, unless such materials are stored in a storage tank or floodproofed building constructed according to the requirements of division (C)(2)(f) below. New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above-ground openings located below the FPG are watertight.
(f) Protecting buildings. In addition to the damage prevention requirements of division (C)(2)(e) above, all buildings to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
1. Construction or placement of any new building valued at more than $1,000;
2. Structural alterations made to an existing building that increase the market value of the building by more than 50% (excluding the value of the land) ;
3. Reconstruction or repairs made to a damaged building that are valued at or more than 40% of the market value of the building (excluding the value of the land) before damage occurred;
4. Installing a manufactured home on a new site or a new manufactured home on an existing site. This chapter does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and
5. Installing a travel trailer on a site for more than 180 days.
(D) Prohibited uses. The following uses shall be totally prohibited in the FA Flood Area Zone:
(1) Residences;
(2) Dumps; landfills;
(3) Removal of top soil;
(4) Junk yards, outdoor storage of vehicles;
(5) On site sewage disposal systems.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99