(A) Purpose. The purpose of the
protection development controls is:
(1) To encourage only that development of
which is appropriate in light of the probability of
damage and the need to reduce
losses, is an acceptable social and economic use of the land in relation to the hazards involved, and does not increase the damage to human life; and
(2) To discourage all other development in
not identified in division (A)(1) above.
(B) Areas of land adjacent to streams, rivers, or bodies of water which have a high degree of susceptibility to flooding shall be limited to development according to the following regulations, notwithstanding any other section of this chapter or any other ordinance adopted by the county.
(1) The limits of the
are shown on the official zoning map of the county in screen pattern, designated as a
protection control area (which pattern may overlap and include one or more zoning
). The limits of the
are contained within the
protection control area and also identified on the official zoning map.
(2) Areas designated as susceptible to flooding shall be controlled by both the zoning
in which the area is located and the requirements of this section.
(3) No
, city, county or other political
of the state shall commence filling any area with earth, debris, or any other material or raise the level of any area in any manner, or place a
, barrier, or obstruction of any sort on any area located within the
which would result in any increase in
heights during the recurrence of a
discharge. Plans and specifications for such work shall be submitted to the County Municipal
for review and approval to determine if said encroachment will meet the requirements of this chapter, also the approval by the Division of Water, Kentucky Department for Natural Resources and Environmental Protection and the Corps of Engineers are required.
(4) (a) All land outside the
of the Ohio and Licking Rivers and their tributaries, but located within the
may be used for any purpose for which it is zoned; provided that any new residential construction including any expansion or substantial improvements of existing residential
as herein defined within said
shall have the lowest floor which is used for living quarters elevated to or above the level of the
.
(b) In the case of construction of new nonresidential
including any expansion or substantial improvements of nonresidential
within the
area, the lowest floor shall be elevated to or above the level of the
or together with attendant utility and sanitary facilities, floodproofed up to the level of the
.
(c) See Appendix S for elevation of the
along the Ohio and Licking Rivers. In the case of any proposed activity along the tributaries of the Ohio and Licking Rivers, a survey shall be made by a qualified registered civil engineer establishing the elevation of the
for said area along the tributary prior to the issuance of a
.
(d) All roadway accesses and utilities to
located within the
shall be
protection of the land filled, or any combination thereof, to the level of not less than the elevation of a
with a recurrence interval of 100 years. In constructing an earth fill either partially or entirely within the
, said design shall provide assurance from the Corps of Engineers that the fill does not restrict or obstruct the flow of
waters or reduce the hydraulic efficiency of the channel, which in turn could cause
water backup and resultant high
water elevation upstream of the filled site. Where the fill is partially within the
, roadway access and utilities shall be provided from the dry side. If the fill is entirely in the
, roadway access and utilities shall be provided by constructing an
or bridge to an elevation above the
.
(e) For purposes of this section,
SUBSTANTIAL IMPROVEMENT means any repair, reconstruction, or improvement as a result of damage to the , the cost of which equals of exceeds 50% of the actual market value of the before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the commences.
(5) All construction or modification of buildings and
including
proofing measures and techniques in the
area shall be in accordance with the applicable design standards of the U.S. Army Corps of Engineers publication entitled "Flood Proofing Regulations", June, 1972 GPO 19730-505-026 Edition, or as amended.
(6) An existing
or use which is regulated by this section and which does not conform to the requirements herein shall be nonconforming by reason of noncompliance and subject to the requirements of § 154.047; however, any existing
and
may be modified, altered, or repaired to incorporate
proofing measures, where such measures do not raise the level of the
, subject to the conditions of division (B)(4) above.
(7) All land above the elevation of a
with a recurrence interval of 100 years may be used for any purpose for which it is zoned without further
protection.
(8) A survey of the site in question will be required prior to the issuance of any
or construction activity that would alter the site in any manner, to firmly establish the existing elevation of the land.
(9) A site plan, as regulated by § 154.054, shall be required for any land below the elevation of a
with a recurrence interval of 100 years.
(Ord. 0-11-82, passed 11-3-82) Penalty, see § 154.999
Cross reference:
damage prevention, see Chapter 151