(A) Generally. The Freeman Lake (FLO) Overzone is designed to protect certain areas in and around Freeman Lake which have been designated as being susceptible to inundation based on the probable maximum precipitation (PMP).
(B) Purpose. The designation of these areas and the regulations imposed in this overzone are designed for the purpose of:
(1) Protecting human life and health;
(2) Minimizing public and private property damage;
(3) Protecting individuals from developing lands and structures which are unsuited for intended purposes because of flood hazards;
(4) Minimizing surface and ground water pollution;
(5) Controlling development, such as fill, dumping, storage of materials, structures and buildings which will minimize the effectiveness of public flood control efforts by reducing the capacity of the flood control structure at Freeman Lake; and
(6) Providing for public awareness of the flooding potential.
(C) Goals. These goals will be accomplished by:
(1) Restricting or prohibiting uses which are dangerous to health, safety and property which result in damaging increases in flood heights;
(2) Requiring that uses vulnerable to floods be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels and natural protective barriers;
(4) Controlling filling, grading, dredging or other activity which may increase erosion or flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
(D) Boundaries. The boundaries of the Freeman Lake Overzone shall be determined by scientific and engineering studies prepared by the city employing customarily accepted scientific and engineering practices of flood protection and climatology with the results thereof being indicated on the official zoning map. The boundaries of the FLO for construction or use restrictions set forth within the ordinance shall be delineated by the elevation determined by the scientific and engineering practices for flood hazards based on the PMP. Where interpretation is needed in order to allow a property owner, surveyor or other individual to locate the exact boundaries of the FLO as shown on the official zoning map, the Director of the Department and the city’s Director of Storm Water Management (Floodplain Administrator) shall make the interpretation based on flood profile information contained within the Hydrologic Study - PMP Flood Limit Determinations Freeman Lake Dam Elizabethtown, Kentucky, dated July 2000, prepared by Fuller, Mossbarger, Scott & May, Inc.
(E) Establishment of Freeman Lake (FLO) Overzone.
(1) The overzone established by this chapter shall include all areas designated as possible flooding areas based on the PMP and flood routing analysis prepared for the city and detailed in the Hydrologic Study - PMP Flood Limit Determinations Freeman Lake Dam, Elizabethtown, Kentucky, dated July 2000, prepared by Fuller, Mossbarger, Scott & May, Inc.
(2) Where Freeman Lake (FLO) Overzone areas are designated, regulations for these areas shall be in addition to the regular zoning district requirements. The Freeman Lake (FL) Overzone district shall overlay regular zoning districts.
(F) Specific standards. In all areas of the Freeman Lake (FLO) Overzone where an applicant wishes to undertake activity associated with a permitted use, he or she must conform to the following requirements when relevant:
(1) Permit. Prior to any encroachment, such as filling, grading or dredging, a permit shall be obtained from the city’s Department of Storm Water Management based on the Hydrologic Study - PMP Flood Limit Determinations Freeman Lake Dam, Elizabethtown, Kentucky, dated July 2000, prepared by Fuller, Mossbarger, Scott & May, Inc.; and
(2) Residential construction. New construction or substantial improvements of any residential structure for any property within the overzone shall have the lowest floor, including basement, elevated to one foot above the base elevation as determined by the Hydrologic Study - PMP Flood Limit Determinations Freeman Lake Dam, Elizabethtown, Kentucky, dated July 2000, prepared by Fuller, Mossbarger, Scott & May, Inc. This requirement shall not apply to structures and/or buildings that are not occupied as dwelling/living space, including, but not limited to, garages, decks, accessory storage buildings, play equipment and swimming pools.
(Ord. 06-2008, passed 6-16-2008, § 2.9.3)