Sec. 6.5-40.  Procedures and standards for issuing special permits.
   Requests for special permits shall be filed with the Codes Enforcement Officer and will be processed as provided below.
   (a)   Filing.  The Codes Enforcement Officer shall review all requests for building or location permits in order to determine whether such requests would require a special permit under the provisions of this article.  The Codes Enforcement Officer shall refer any request requiring a special permit to the City Engineer.  Should the Codes Enforcement Officer be unable to positively determine if a special permit is required, the request will be referred to the City Engineering for such determination.  The City Engineer shall process the request as described herein.
   (b)   Review by the City Engineer.  The applicant for a special permit shall be required to furnish such of the following information as is deemed necessary by the City Engineer to determine the suitability of the particular site for the proposed use.
      (1)   Plans drawn to scale showing the nature, location, dimensions and elevation for the lot, existing or proposed structures, obstructions, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the stream channel, floodway, and the regulatory flood protection elevation.
      (2)   A typical valley cross-section showing the channel of the stream, elevation of the land area adjoining each side of the channel, cross-section of areas to be occupied by the proposed development and high-water information.
      (3)   Plans (surface view) showing elevations or contours of the ground; pertinent structures, fill or storage elevations; size, location, and spatial arrangement of all proposed and existing structures and obstructions on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses, trees and other vegetation upstream and downstream, soil types, and other pertinent information.
      (4)   A profile showing the slope of the bottom of the channel or flow line of the stream.
      (5)   Specifications for building construction and materials, floodproofing, water supply, and sanitary facilities, and where proposed, filling, dredging, grading, and storage of materials.
      (6)   Such other information as may be necessary to evaluate the proposed development in terms of the flood hazard created.
   (c)   Technical assistance.  The City Engineer may require the applicant to transmit one (1) copy of the information required above to a designated engineer or other expert person or agency for technical assistance, where necessary to aid in evaluating the proposed project in relation to flood heights and velocities; the seriousness of flood damage to the use; the adequacy of the plans for protection; and other technical matters.
   (d)   Additional permits.  The City Engineer shall advise applicants that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the special use permit.
   (e)   Factors which shall be considered.  In considering an application for a special permit, all relevant factors shall be considered in order to ensure that the purpose and intent of this article are met.  The City Engineer shall also consider the following factors.
      (1)   The danger to life and property due to increased flood heights or velocities caused by encroachments.
      (2)   The danger that materials may be swept onto other lands or downstream to the injury of others.
      (3)   The proposed water supply and sanitation systems, and the ability of these systems to prevent disease, contamination and unsanitary conditions.
      (4)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
      (5)   The importance of the services provided by the proposed facility to the community.
      (6)   The availability of alternative locations not subject to flooding for the proposed use.
      (7)   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
      (8)   The relationship of the proposed use to the adopted comprehensive plan and other adopted community plans, the uses otherwise permitted in the zone, and the floodplain management program for the area.
      (9)   The safety of access to the property in times of flood for ordinary and emergency vehicles.
      (10)   The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
      (11)   Such other factors which are relevant to the purposes of this article.
   (f)   Conditions attached to all special permits.  Upon consideration of the factors listed above and for the purposes of this article, conditions may be attached to the granting of special permits as are deemed necessary to further the purposes of this article.  Among such conditions, without limitation because of specific enumeration, may be modification of waste-disposal and water-supply facilities, limitations on periods of use and operation, imposition of operational controls, sureties, deed restrictions, requirements for construction of channel modifications, dikes, levees and other protective measures, floodproofing measures which shall be designed consistent with the regulatory flood protection elevation for the particular area, considering flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood.  The City Engineer shall require the applicant to submit a plan or document certified by a licensed professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.  The following floodproofing measures may be required, without limitation because of specific enumeration.
      (1)   Structural anchorage, such as the addition of mass or weight to structures, to resist flotation, or anchorage to resist flotation and lateral movement.
      (2)   Waterproofing measures such as installation of watertight doors, bulkheads and shutters, or similar methods of construction; use of paints, membranes or mortars to reduce seepage of water through walls; construction of water supply and waste treatment systems so as to prevent the entrance of flood waters; installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent back-up of sewage and stormwaters into the buildings or structures.  Gravity draining of basements may be eliminated by mechanical devices.
      (3)   Structural reinforced construction to resist rupture or collapse caused by water pressure or floating debris.
      (4)   Water removal devices, such as the installation of pumps, to lower water levels in structures, and the installation of pumping facilities or comparable practices for subsurface drainage systems for buildings, to relieve external foundation, wall and basement flood pressures.
      (5)   Location of hazardous equipment, including all electrical equipment, circuits and installed electrical appliances, in a manner which will assure they are not subject to flooding and to provide protection from inundation by the regulatory flood.  Any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic materials, which could be could be hazardous to public health, safety and welfare, shall be designed and constructed in a manner which will assure the facilities are at or above the regulatory flood protection elevation, or are adequately floodproofed to prevent flotation of storage containers, or damage to storage containers, which could result in the escape of toxic materials into flood waters.
   (g)   City Engineer's review.  The City Engineer shall be empowered to approve, conditionally approve or deny any request for a special permit.  However, this power is not construed to give the City Engineer authority to grant floodplain variances from the provisions of this article.  Any request for a floodplain variance shall follow the procedures below.  Every effort shall be made to complete the review and to render a decision within sixty (60) days of the submission of a completed application.  However, failure to complete the review within the time period shall not constitute approval or denial of the special permit.  The City Engineer shall notify the Codes Enforcement Officer of this decision, in writing, giving reasons for granting or denying the request, and conditions of approval (if any) of the special permit.
   (h)   Special permits on publicly owned land.  Any activity requiring a special permit that is proposed to be constructed on land owned by the city or the county shall be approved by the City Commission or the County Commission, as appropriate, prior to issuance of the special permit.
   (i)   Kentucky Department of Natural Resources, Division of Water.  The Division of Water has authority to review all plans involving any obstructive effect on the stream and floodplain in accordance with KRS 151.  In any situation where approval of the Division of Water is required, a copy of such shall be submitted to the Codes Enforcement Officer as a part of the review materials.  If the Division of Water disapproves the request. no officer, department or board of the city or county government shall have the authority to approve the request.
(Ord. No. 1675, 2-28-05)