§ 152.14  AREAS OF LAND ADJACENT OT STREAMS, RIVERS OR BODIES OF WATER.
   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 city.
   (A)   The limits of the floodplain (areas subject to flooding during the occurrence of a 100-year flood) and floodway are identified as Flood Protection Control Areas on the zoning map, pursuant to the Flood Insurance Study prepared by the Federal Emergency Management Agency. This study, along with any accompanying maps and other supporting data, and any revisions thereto, are adopted by reference and declared to be a part of this section.
   (B)   (1)   Areas designated as susceptible to flooding during the occurrence of a 100-year flood shall be controlled by both the zoning district in which the area is located and the requirements of this section.
      (2)   In the case of any proposed activity located along other tributaries or bodies of water not covered in these tables, and located in those areas which are identified as being susceptible to flooding, according to the report prepared by the U.S. Department of Agriculture Soil Conservation Service, “Soil Survey of Boone, Campbell and Kenton Counties, Kentucky,” August, 1973, a survey shall be made by a qualified, registered civil engineer establishing the elevation of the 100-year flood and floodway for said areas prior to the issuance of any zoning and building permits.
   (C)   No person, city, county, or other political subdivision of the state shall commence filling of any area with earth, debris, or any other material, or raise the level of any area in any manner, or place a building, barrier, or obstruction of any sort on any area, including making any alteration or relocation of a waterway, located within the floodway which would result in any increase in flood levels during the occurrence of a 100-year flood discharge. In those cases where a watercourse is to be altered or relocated, the flood carrying capacity of said portion of the waterway affected must be maintained. Plans and specifications for such work shall be submitted to the Local Floodplain Coordinator for review to determine if said encroachment will meet the requirements of this chapter. Said plans shall also be submitted to the Kentucky Department of Natural Resources & Environmental Protection. Division of Water Resources, and other applicable agencies, for their review and approval.
   (D)   AH land outside the floodway of the bodies of water, but located within the floodplain, may be used for any purpose for which it is zoned, provided that:
      (1)   Any new residential construction, including any expansion or substantial improvements of existing residential structures as herein defined, within said floodplain. shall have the lowest floor elevated to a minimum of two feet above the level of the 100-year flood. Electrical, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. For all new construction and substantial improvement, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage, in an area other than a basement, and which are subject to flooding, shall be designed to automatically equalize hydrostatic exit of floodwaters. Designs for meeting this requirement must be certified by a professional engineer or architect.
      (2)   Any new non-residential structures, including any expansion or substantial improvements of non-residential structures, within the floodplain area, shall have the lowest floor elevated to a minimum of two feet above the level of the 100-year flood or together with attendant mechanical, utility, and sanitary facilities shall be designed and floodproofed so that below the 100-year flood level the structure is water tight with walls impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydro-dynamic loads and effects of frequency certified by a professional engineer or architect. For all new construction and substantial improvement of elevated nonresidential structures, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage, in an area other than a basement, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be certified by a professional engineer or architect.
      (3)   For all new construction and substantial improvement of elevated non-residential structures, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be certified by a professional engineer or architect or meet the following minimum requirements:
         (a)   Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
         (b)   The bottom of all openings shall be no higher than one foot above grade; and
         (c)   Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions.
   (E)   All utilities constructed to serve structures which are to be located within the floodplain shall be flood protected at a minimum to the elevation of the 100-year flood level.
   (F)   All construction or modification of buildings and structures, including flood-proofing measures and techniques in the flood plain area, as required within this section, 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, and the following requirements:
      (1)   All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
      (2)   All new construction and substantial improvements shall be constructed with materials and mechanical and utility equipment resistant to flood damage.
      (3)   All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
      (4)   Electrical, heating, ventilation, plumbing, air condition equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
      (5)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
      (6)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems' discharges from the systems into flood waters.
      (7)   On-site waste disposal systems, where permitted, shall be located to avoid impairment to them or contamination from them during flooding.
   (G)   In addition to the above requirements, manufactured homes, as herein defined, shall meet the following standards:
      (1)   No manufactured home or recreational vehicle shall be placed in a floodway.
      (2)   All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:
         (a) Over-the-top ties be provided at each end of the manufactured home, with one additional tie per side at an intermediate location on manufactured homes of less than 50 feet and one additional tie per side for manufactured homes of 50 feet or more;
         (b) Frame ties be provided at each corner of the home with four  additional ties per side at intermediate points for manufactured homes less than 50 feet long and one additional tie for manufactured homes of 50 feet or longer;
         (c)   All components of the anchoring system be capable of carrying a force of 4,800 pounds;
         (d)   Any additions to the manufactured home be similarly anchored.
      (3)   For new manufactured home parks and subdivisions; for expansions to existing manufactured home parks and subdivisions; for existing manufactured home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities, and pads equals or exceeds 50% of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement has commenced; and, for manufactured homes not placed in a manufactured home-park or subdivision require:
         (a)   That all manufactured homes meet all of the requirements for new construction, including elevations and anchoring;
         (b)   Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be a minimum of two feet above the base flood level;
         (c)   The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength, of no less than 36 inches in height above grade;
         (d)   The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse, and lateral movement;
         (e)   Adequate surface drainage and access for a hauler are provided;
         (f)   In the instance of elevation on pilings:
            1.   Lots are large enough to permit steps;
            2.   Piling foundations are placed in stable soil no more than ten feet apart; and
            3.   Reinforcement is provided for pilings more than six feet above the ground level.
   (H)   Recreational vehicles may be permitted to be located within the limits of the floodplain, subject to compliance with the following requirements:
      (1)   The recreational vehicle must be on the site for less than 180 consecutive days;
      (2)   The recreational vehicle must be fully licensed and ready for highway use; or
      (3)   That the recreational vehicle meet the elevation and anchoring requirements for manufactured homes, as set forth in the Zoning Ordinance.
      (4)   A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
   (I)   Any existing structure or use which is located within the floodplain and which does not conform to the requirements herein shall be nonconforming and subject to the requirements of this chapter, providing, however, any existing permitted use and structure may be modified, altered, or repaired to incorporate flood proofing measures, where such measures do not raise the level of the 100-year flood.
   (J)   All land designated “Flood Protection Control Area” on the Official Zoning Map, but determined to be above the elevation of the 100-year flood level may be used for any purpose for which it is zoned without further flood protection controls.
   (K)   A survey of the site in question will be required prior to the issuance of any building permit or construction activity that would alter the site in any manner, to establish the existing elevation of the land.
   (L)   After completion of the first floor elevation, as provided in this section, an elevation certificate shall be provided to and maintained in the offices of the Zoning Administrator - Building Official.
   (M)   A site plan, as regulated by this chapter, shall be required for any land below the elevation of the 100-year flood level.
   (N)   A zoning permit, as regulated by this chapter shall be required prior to any grading or construction within any area designated as being located within the floodplain.
   (O)   No encroachments, including fill material or structures shall be located within special flood hazard areas, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.
(Ord. 2007-O-17, passed 10-1-07)