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§ 75.004 LANDS TO WHICH REGULATIONS APPLY
   This chapter shall apply to all special flood hazard areas (SFHA), areas applicable to KRS 151.250 and, as determined by the Floodplain Administrator or other delegated, designated, or qualified community official as determined by the city council from available technical studies, historical information, and other available and reliable sources, areas within the jurisdiction of the city council which may be subject to periodic inundation by floodwaters that can adversely affect the public health, safety, and general welfare of the citizens of Berea.
(Ord. No. 23-88, 9-30-88; Amd. Ord. 13-2012, passed 8-21-12)
§ 75.005 BASIS FOR ESTABLISHING SPECIAL FLOOD HAZARD AREAS
   The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for Madison County, dated October 2, 2012. with the accompanying Flood Insurance Rate Maps (FIRMS), other supporting data and any subsequent amendments thereto, are hereby adopted by reference and declared to be a part of these regulations by Berea, and for those land areas acquired by Berea through annexation. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator and are enacted by city council pursuant to statutes governing land use management regulations. The FIS and/or FIRM are permanent records of Berea and are on file and available for review by the public during regular business hours at City Hall at 212 Chestnut Street, Berea, KY 40403.
(Ord. No. 23-88, 9-30-88; Amd. Ord. No. 13-95, 6-26-95; Amd. Ord. 13-2012, passed 8-21-12)
§ 75.006 ESTABLISHMENT OF DEVELOPMENT PERMIT
   (A)   A development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities in the special flood hazard areas (SFHA). See § 75.016 for instructions and explanation.
   (B)   Application for a development permit shall be made on forms furnished by the floodplain administrator.
(Ord. No. 23-88, 9-30-88; Amd. Ord. No. 13-95, 6-26-95; Amd. Ord. 13-2012, passed 8-21-12)
§ 75.007 COMPLIANCE
   No structure or land shall hereafter be constructed, located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable state regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.
(Ord. No. 23-88, 9-30-88; Amd. Ord. 13-2012, passed 8-21-12)
§ 75.008 ABROGATION AND GREATER RESTRICTIONS
   This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. No. 23-88, 9-30-88; Amd. Ord. 13-2012, passed 8-21-12)
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