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For all accessory structures in special flood hazard areas designated “A,” the following provisions shall apply:
(A) Structure must be non-habitable;
(B) Must be anchored to resist floatation forces;
(C) Will require flood openings/vents with no more than one foot above grade; total openings are to be one square inch per one square foot of floor area, at least two openings required on opposite walls;
(D) Built of flood resistant materials below a level at or above the base flood elevation;
(E) Must elevate utilities above the base flood elevation;
(F) Can only be used for storage or parking; and
(G) Cannot be modified for a different use after permitting.
(Prior Code, § 152.45) (Ord. 154, passed 1-24-2011)
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA (100-year floodplain). Construction of new critical facilities shall not be permissible within the floodway; however, they may be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated one foot or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.
(Prior Code, § 152.46) (Ord. 154, passed 1-24-2011)
ADMINISTRATION
The City Council hereby appoints the Mayor or designee to administer, implement and enforce the provisions of this chapter by granting or denying development permits in accordance with its provisions, and is herein referred to as the Floodplain Administrator.
(Prior Code, § 152.55) (Ord. 154, passed 1-24-2011)
A development permit shall be obtained before any construction or other development begins within any special flood hazard area. Application for a development permit shall be made on forms furnished by Floodplain Administrator prior to any development activities, and may include, but not be limited to, the following: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials or drainage facilities; and the location of the foregoing. Endorsement of the local administrator is required before a state floodplain construction permit can be processed. Specifically, the following information is required.
(A) Application stage.
(1) Proposed elevation in relation to mean sea level (MSL) of the proposed lowest floor (including basement) of all structures in Zone A and elevation of highest adjacent grade;
(2) Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed;
(3) All appropriate certifications from a registered professional engineer or architect that the nonresidential flood-proofed structure will meet the flood-proofing criteria in § 152.29(B); and
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(B) Construction stage.
(1) Upon placement of the lowest floor, and before construction continues, or floodproofing by whatever construction means, it shall be the duty of the permit holder to submit to the Floodplain Administrator and to the state, a certification of the elevation of the lowest floor or flood-proofed elevation, as built, in relation to mean sea level. In AE, A1-30, AH and AO Zones where the community has adopted a regulatory base flood elevation, the certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same.
(2) When floodproofing is utilized for a particular structure, the certification shall be prepared by or under the direct supervision of a certified professional engineer or architect. Any continued work undertaken prior to the submission of the certification shall be at the permit holder’s risk. The Floodplain Administrator shall review the lowest floor and floodproofing elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed, failure to submit the survey or failure to make the corrections required hereby, shall be cause to issue a stop-work order for the project.
(Prior Code, § 152.56) (Ord. 92-1, passed - -1992; Ord. 154, passed 1-24-2011)
The Floodplain Administrator and/or staff is hereby appointed, authorized and directed to administer, implement and enforce the provisions of this chapter. The Floodplain Administrator is further authorized to render interpretations of this chapter, which are consistent with its spirit and purpose by granting or denying development permits in accordance with its provisions. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following.
(A) Permit review. Review all development to ensure that:
(1) Permit requirements of this chapter have been satisfied;
(2) All other required state and federal permits have been obtained; review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 22 U.S.C. § 1334;
(3) Flood damages will be reduced in the best possible manner; and
(4) The proposed development does not adversely affect the carrying capacity of affected watercourses. For purposes of this chapter, ADVERSELY AFFECTS means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.
(B) Review and use of any other base flood data. When base flood elevation data has not been provided in accordance with § 152.06, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer §§ 152.25 through 152.31. Any such information shall be submitted to the City Council for adoption.
(C) Notification of other agencies.
(1) Notify adjacent communities, the Kentucky Division of Water, and any other federal and/or state agencies with statutory or regulatory authority prior to any alteration or relocation of the watercourse;
(2) Submit evidence of such notification to the Federal Insurance Administration and Federal Emergency Management Agency (FEMA); and
(3) Assure that the flood-carrying capacity within the altered or relocated portion of the watercourse is maintained.
(D) Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:
(1) Certification required by § 152.26(A) (lowest floor elevations) as shown on a completed and certified elevation certificate. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with § 152.26(B);
(2) Certification required by § 152.26(B) (elevation or floodproofing of nonresidential structures) as shown on a completed and certified floodprooofing certificate. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood-proofed, in accordance with § 152.26(B);
(3) Certification required by § 152.26(C) (elevated structures);
(4) Certification of elevation required by § 152.28(A) (subdivision standards);
(5) Certification required by § 152.26(E) (floodway encroachments);
(6) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished;
(7) Review certified plans and specifications for compliance; and
(8) Take action to remedy violations of this chapter as specified in § 152.12.
(E) Map determination. Make interpretations where needed, as to the exact location of the boundaries of the special flood hazard areas, for example, where there appears to be a conflict between a mapped boundary and actual field conditions.
(1) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 152.46(C)(2).
(2) When base flood elevation data or floodway data have not been provided in accordance with § 152.06, then the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of §§ 152.25 through 152.31.
(3) When flood-proofing is utilized for a particular structure, the Floodplain Administrator shall obtain certification from a registered professional engineer or architect, in accordance with § 152.26(B) a floodproofing certificate.
(4) All records pertaining to the provisions of this chapter shall be maintained in the Office of the Floodplain Administrator and shall be open for public inspection.
(F) Right of entry.
(1) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Administrator has reasonable cause to believe that there exists in any structure or upon any premises any condition or ordinance violation which makes such building, structure or premises unsafe, dangerous or hazardous, the Administrator may enter such building, structure or premises at all reasonable times to inspect the same or perform any duty imposed upon the administrator by this chapter.
(2) If such structure or premises are occupied, he or she shall first present proper credentials and request entry. If such building, structure or premises are unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of such request entry.
(3) If entry is refused, the Administrator shall have recourse to every remedy provided by law to secure entry.
(4) When the Administrator shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Administrator for the purpose of inspection and examination pursuant to this chapter.
(G) Stop work orders. Upon notice from the Administrator, work on any building, structure or premises that is being done contrary to the provisions of this chapter shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or his or her agent, or to the person doing the work, and shall state the conditions under which work may be resumed.
(H) Revocation of permits.
(1) The Administrator may revoke a permit or approval, issued under the provisions of this chapter, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
(2) The Administrator may revoke a permit upon determination by the Administrator that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this chapter.
(I) Liability. Any officer, employee or member of the Floodplain Administrator’s staff, charged with the enforcement of this chapter, acting for the applicable governing authority in the discharge of his or her duties, shall not thereby render himself or herself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties. Any suit brought against any officer, employee or member because of such act performed by him or her in the enforcement of any provision of this chapter shall be defended by the Department of Law until the final termination of the proceedings.
(J) Expiration of floodplain construction permit. A floodplain construction permit, and all provisions contained therein, shall expire if the holder of a floodplain construction permit has not commenced construction within 180 calendar days from the date of its issuance by the Floodplain Administrator.
(Prior Code, § 152.57) (Ord. 154, passed 1-24-2011)
(A) Nature of variances.
(1) The variance criteria set forth in this section are based on the general principles of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants or the property owners.
(2) It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of ensuring a structure built below flood level is so serious that variances from the flood elevation or from other requirements in this chapter are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
(B) Designation of Variance and Appeal Board. The City Council shall establish an appeals board consisting of the Codes Appeal Board.
(C) Duties of Variance and Appeal Board.
(1) The Appeal Board shall hear and decide requests for variances from the requirements of this chapter and appeals of decisions or determinations made by the Floodplain Administrator in the enforcement or administration of this chapter.
(2) Any person aggrieved by the decision of the Appeal Board or any taxpayer may appeal such decision to the local district court, as provided in state statutes.
(D) Appeals/variance procedures. In passing upon such applications, the Appeal Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and the:
(1) Danger that materials may be swept onto other lands to the injury of others;
(2) Danger to life and properly due to flooding or erosion damage;
(3) Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the properly;
(4) Importance to the community of the services provided by the proposed facility;
(5) Necessity that the facility be located on a waterfront, in the case of functionally dependent facility;
(6) Availability of alternative locations which are not subject to flooding or erosion damage;
(7) Compatibility of the proposed use with existing and anticipated development;
(8) Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9) Safely of access to the properly in limes of flood for ordinary and emergency vehicles;
(10) Expected height, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
(11) Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets and bridges.
(E) Conditions for variances. Upon consideration of the factors listed above and the purposes of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(1) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
(2) Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief considering the flood hazard. MINIMUM NECESSARY means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance.
(3) Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief considering the flood hazard, in the instance of an historical structure, a determination shall be made that the variance is the minimum necessary to afford relief and not destroy the historic character and design of the structure.
(4) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant (as defined in this chapter); and
(c) A determination that the granting of a variance will not result in increased flood height, additional threats to public safety, cause extraordinary public expense, create nuisance (as defined in this chapter), cause fraud or victimization of the public (as defined in this chapter) or conflict with existing local laws or ordinances.
(5) Any application to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(6) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency (FEMA) and the Federal Insurance Administration (FIA) upon request.
(7) Variances may be issued for new construction, substantial improvement and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of division (D) above are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
(F) Variance notification. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
(1) The issuance of a variance to construct a structure below the base flood, elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage;
(2) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the City Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land; and
(3) The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in the community’s biennial report submission to the Federal Emergency Management Agency.
(G) Historic structures. Variances may be issued for the repair or rehabilitation of historic structures (see definition) upon determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(H) No impact certification within the floodway. Variances shall not be issued within any mapped or designated floodway if any increase in flood levels during the base flood discharge would result.
(Prior Code, § 152.58) (Ord. 92-1, passed - -1992; Ord. 154, passed 1-24-2011)
Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with the granting of a variance or special exceptions, shall constitute a misdemeanor civil offense. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100 or imprisoned for not more than ten days, or both, and in addition shall pay all costs and expenses involved in the case. Each day the violation continues shall be considered a separate offense. Nothing in this chapter shall prevent the Floodplain Administrator from taking other lawful action as is necessary to prevent or remedy any violation.
(Prior Code, § 152.99) (Ord. 92-1, passed - -1992; Ord. 154, passed 1-24-2011)