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This Article shall apply to all lands within the jurisdiction of the Lexington-Fayette Urban County Government which meet the following:
(a) Special Flood Hazard Areas as defined herein.
(b) Areas of Alluvial Soils as regulated in Section 19-13 herein.
(c) Areas adjoining or adjacent to the floodplain that are Vegetative Buffer Zones or Floodplain Setback Areas.
(Code 1983, § 19-5; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 211-2016 , § 2(19-5), 12-6-2016)
The Division of Building Inspection and the Division of Planning shall refer questions as to the interpretation of the Flood Hazard Boundaries to the Urban County Engineer, who shall be empowered to interpret the boundaries of any flood hazard area based upon the Division of Engineering Stormwater Manual, and sound engineering practices. Appeals to the Urban County Engineer's interpretation shall be as outlined in Section 19-13 hereinbelow. The following principles shall be used to guide the Urban County Engineer:
(a) The provisions of this Article shall be considered as minimum requirements;
(b) The Urban County Engineer shall liberally construe the provisions of this Article in favor of the objective of flood protection; and
(c) This Article shall be deemed neither to limit nor to repeal any other powers granted under state statute or federal law.
(Code 1983, § 19-6; Ord. No. 371-2000 , § 1, 12-14-2000)
Unless otherwise specified, the following standards are applicable in all special flood hazard areas:
(a) Prohibited Uses. The following uses shall be prohibited in special flood hazard areas unless granted through a special permit or as a floodplain variance:
(1) Excavating, grading or filling which disturbs the natural grade of the floodplain. Failure to comply with this prohibition shall constitute a violation of this Zoning Ordinance subject to a civil citation, fine and/or abatement, as provided in Article 5.
(2) Principal or accessory buildings, including, but not limited to, manufactured buildings for residential, business, office, or industrial use.
(b) Permitted Activities. The following uses having low obstructive effect shall be permitted in the floodplain to the extent that they are not prohibited by any other ordinance, and provided that they do not require grading, filling, structures, storage of materials and equipment, or any other obstructive features:
(1) Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, or wild crop harvesting. Agricultural fences necessary for those uses are permitted.
(2) Uses accessory to private and public recreational uses, such as golf courses, driving ranges, archery ranges, picnic grounds, boat-launching ramps, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking and horseback riding trails, pedestrian trails and crossings.
(3) Uses accessory to residential uses, such as lawns, gardens, parking areas, and play areas.
(4) Functionally dependent uses as defined herein.
(5) Detention and retention basins when designed and constructed as per the engineering manuals, and meeting all state and federal regulations.
(c) Lots in a Special Flood Hazard Area. Where a new structure is proposed on an existing lot that includes a regulatory flood area, and no regulatory flood protection elevation is shown on the final record plan for the lot, the lowest floor of the structure shall be at or above the regulatory flood protection elevation as determined through reference to the Federal Insurance Administration report, "The Flood Insurance Study for Lexington-Fayette Urban County Government, Kentucky". Where a substantial improvement of an existing structure is proposed on a lot that includes a regulatory flood area, and no regulatory flood protection elevation is shown on the final record plan for the lot, the lowest floor of the structure shall be at or above the regulatory flood protection elevation as determined through reference to the Flood Insurance Administration report, "The Flood Insurance Study for Lexington-Fayette Urban County Government, Kentucky". Where a new structure or substantial improvement of an existing structure is proposed within a special flood hazard area, and neither the final record plan nor the Flood Insurance Study specifies a regulatory flood elevation for the stream, a licensed professional engineer shall determine the regulatory flood elevation, or the applicant may request assistance from the Kentucky Division of Water.
(d) Lots with a Regulatory Flood Protection Elevation. Where a new structure or substantial improvement of an existing structure is proposed on a lot which has a regulatory flood protection elevation noted on the final record plan of the property, the lowest floor shall be at or above the noted elevation.
(e) Utility Standards. All utilities shall be designed and located to minimize their potential for flooding during the regulatory flood. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater into the system. New or replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters in the systems and discharges from the systems into floodwaters. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
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.
(f) Additions to Existing Structures. Additions to structures that were lawfully constructed on fill or at an elevation which was permitted prior to the adoption or amendment of this Article shall be permitted provided:
(1) The addition does not constitute substantial improvement to the structure;
(2) The addition does not require filling in the floodplain;
(3) The floor elevation of the addition is proposed to be at least at the regulatory flood protection elevation.
(g) General Standards for Major Subdivision Plans and Development Plan Proposals. All stormwater facilities shall be designed and constructed in conformance with the requirements of the Division of Engineering Stormwater Manual. All major subdivision plans and final development plans shall, at a minimum, be subject to the following requirements. Failure to comply with these standards during construction or with requirements established by these standards during or after construction shall be a violation of this Zoning Ordinance, subject to a civil citation, fine and/or abatement, as provided in Article 5.
(1) Preliminary Subdivision and preliminary development plan Requirements. In order to protect the floodplain during infrastructure construction, a preliminary subdivision plan and/or a preliminary development plan shall indicate the location of a Vegetative Buffer Zone. The Vegetative Buffer Zone shall be fifty (50) feet, measured horizontally from the centerline, on each side of intermittent streams and fifty (50) feet, measured horizontally from the edge of the bank, on each side of perennial streams. The fifty (50)-foot criterion for the width of the vegetative buffer zone may be established on an average width basis at a project, as long as the minimum width of the buffer zone is twenty-five (25) feet or more at any measured location. The boundary of the Vegetative Buffer Zone may be located inside or outside the horizontal limits of the floodplain. Within the Vegetative Buffer Zone, there shall be no grading, filling, trenching, soil compaction, removal of vegetation, or other disturbance of the soil or ground cover (including parallel utilities), or the storage of equipment or materials during the construction of the infrastructure.
(2) Floodplain Analysis. A floodplain analysis shall be conducted when required by the Stormwater Manual. Such analysis shall not be required for the subdivision of property in a residential or agricultural zone for which no infrastructure improvements are proposed; however, the Planning Commission may require a floodplain analysis for such a subdivision in locations of known flooding.
(3) Revision of the Special Flood Hazard Area. If the watershed study determines that the proposed development will cause the floodplain to be different than the Special Flood Hazard Area depicted on the Digital Flood Insurance Rate Maps, the project engineer shall prepare and submit the appropriate Letter of Map Change (which may include C-LOMR, LOMR, LOMA, LOMR-F, or other appropriate filing) to FEMA.
(4) Final Record Plan and final development plan Requirements. Final record plans and final development plans that include or adjoin a special flood hazard area shall include and show the floodplain boundaries. Regulatory flood elevations (in relation to mean sea level) shall be noted.
a. Regulatory Flood Protection Elevation. The final record plan shall show the Regulatory Flood Protection Elevation (RFPE) for each lot that includes or is adjacent to a floodplain, and the final development plan shall show the RFPE for each such building.
b. Minimum Setback. All lots which contain or adjoin a floodplain shall have a minimum building setback from the floodplain of twenty-five (25) feet depicted on the final record plan and on the final development plan. This building setback shall be measured horizontally from the edge of the floodplain and shall be applicable to all principal and accessory buildings on the lot.
c. Vegetative Buffer Zone. In order to protect the stream from inappropriate activities, there shall be a vegetative buffer zone of fifty (50) feet, measured horizontally from the centerline, on each side of intermittent streams and fifty (50) feet, measured horizontally from the edge of the bank, on each side of perennial streams. The fifty (50)-foot criterion for the width of the vegetative buffer zone may be established on an average width basis at a project, as long as the minimum width of the vegetative buffer zone is twenty-five (25) feet or more at any measured location. The vegetative buffer zone may coincide with greenways or the setback required above. Within the vegetative buffer zone, there shall be no grading, filling, trenching, soil compaction, removal of vegetation, or other disturbance of the soil or ground cover, or construction of principal or accessory buildings.
(5) Subdivision and Development Plan Review Standards. All subdivision and development plans shall be consistent with the need to minimize flood damage and shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage to it and to other uses. The following public facilities shall be permitted in the floodplain.
a. Temporary sediment ponds that will be converted to permanent stormwater management ponds, provided they are located outside the horizontal limits of the vegetative buffer zone.
b. Roadways and utilities that cross at angles within ten (10) degrees of being perpendicular to the water or to the floodplain.
c. Sanitary sewers, which shall be constructed outside the horizontal limits of the ten-year floodplain, with manhole covers set at an elevation one (1) foot above the elevation of the regulatory flood.
d. Storm sewer pipe outlets where the outlet terminates at the edge of the floodplain.
(h) Streams Without Established Base Flood Elevations or Without Floodways. Within Special Flood Hazard Areas, where streams exist but no base flood data has been provided, or where base flood data has been provided without a floodway, the following provisions shall apply:
(1) No encroachments, including fill material or structures shall be located within special flood hazard areas, unless certification by a professional engineer is provided demonstrating the pre-development Base Flood Elevation and 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 (1) foot at any point. The engineering certification must be supported by technical data that conforms to standard hydraulic engineering principles.
(2) New construction, substantial improvement or an addition to an existing structure shall be elevated or floodproofed to at least the regulatory flood protection elevation and shall meet the requirements of Section 19-8, as necessary.
(Code 1983, § 19-7; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 268-2004 , § 1, 11-4-2004; Ord. No. 286-2005 , § 1, 10-20-2005; Ord. No. 138-2008 , §§ 3—5, 6-26-2008; Ord. No. 211-2016 , § 3(19-7), 12-6-2016)
Special permit uses in the floodplain may be permitted only where existing streets or utilities are at elevations which make construction outside the horizontal limits of the floodplain impractical, or in other special circumstances. Structures shall ordinarily be located outside the horizontal limits of the floodplain and at least two (2) feet above the elevation of the regulatory flood, but may be allowed as a special permit use, to be elevated or floodproofed to a point above the regulatory flood protection elevation. Such structures shall be limited to those that will not be subject to substantial flood damage and which will not substantially affect the capacity of any stream or increase the regulatory flood elevation. All special permit uses shall be located outside the horizontal limits of the vegetative buffer zone, and no structure shall be permitted as a special permit use within the floodway. A licensed professional engineer shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the requirements herein. Such certification, including the specific elevation (in relation to mean sea level) to which such structure is elevated or floodproofed, shall be provided to the Division of Engineering as a part of the application for the special permit. Failure to comply with the standards for a special permit or with any conditions attached to the special permit shall be a violation subject to a civil citation, fine and/or abatement, as provided in Article 5.
(a) Manufactured Homes. Any manufactured home permitted in any floodplain as a special permit use shall be elevated so as to be at or above the regulatory flood protection elevation and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top and frame ties; to ground anchors. Federal Emergency Management Agency Manual (FEMA #85), "Manufactured Home Installation in Flood Hazard Areas," published in September 1985, shall be the basis for determination of compliance with this section. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
(b) Floodproofed Buildings. New construction or substantial improvement of an existing structure for business, office, industrial or other nonresidential use, so as to be floodproofed, shall be permitted as a special permit use, provided that below the regulatory flood protection elevation the structure is water tight with walls substantially impermeable to the passage of water, and with the structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(c) New Structures on Fill. New construction or substantial improvement of an existing structure on fill shall be permitted as a special permit use, provided the lowest floor is at or above the regulatory flood protection elevation. Such fill shall be at least one (1) foot above the regulatory flood elevation for the particular area and shall extend at that same elevation towards the stream channel for a distance of at least fifteen (15) feet beyond the limits of the structure thereon. However, no use shall be constructed which adversely affects the capacity of streams or floodplains of any main stream or tributary to the main stream, drainage ditch, or any other drainage facility or system, or will increase the regulatory flood elevation.
(d) Elevated Buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs for complying with this requirement must be certified by a licensed professional engineer and shall meet the following minimum criteria:
(1) The structure shall have a minimum of two (2) openings for hydrostatic venting having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; and
(2) The bottom of all such openings shall be no higher than one (1) foot above grade; and
(3) Such openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both direction; and
(4) Electrical, plumbing, and other utility connections are prohibited below the regulatory flood protection elevation; and
(5) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) and the limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and
(6) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
(e) Parking Lots and Parking Structures. Parking lots and parking structures shall be permitted in the floodplain as special permit uses.
(f) Other Uses. Uses such as tennis courts, for which fences are an integral requirement, shall be permitted as a special permit use in the floodplain. Fences must be designed and located to minimize obstruction of the floodplain. Swimming pools shall not be permitted in the floodplain.
(Code 1983, § 19-8; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 268-2004 , § 1, 11-4-2004; Ord. No. 286-2005 , § 1, 10-20-2005; Ord. No. 211-2016 , § 4(19-8), 12-6-2016)
Any permit request, subdivision plan or development plan involving a special permit use shall be processed as provided below.
(a) Filing. The Division of Building Inspection shall review all requests for building or location permits in order to determine whether such requests would require a special use permit under the provisions of this Article. The Division of Building Inspection shall refer any request requiring a special permit to the Division of Engineering. Should the Division of Building Inspection be unable to positively determine whether a special permit is required, the request will be referred to the Division of Engineering for such determination. Where a final development plan or a preliminary subdivision plan is filed for consideration by the Planning Commission, the responsible Division shall refer such plan to the Division of Engineering for review. The Division of Engineering shall process all such requests as described herein.
(b) Review by the Division of Engineering. The applicant for a special permit shall be required to furnish such of the following information as is deemed necessary by Division of Engineering 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 Division of Engineering 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 Division of Engineering 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 ordinance are met. The Division of Engineering 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 floodwaters expected at the site.
(11) Such other factors which are relevant to the purposes of this Zoning Ordinance.
(f) Conditions Attached to All special permits. Upon consideration of the factors listed above and for the purposes of this this Zoning Ordinance, conditions may be attached to the granting of special permits as are deemed necessary to further the purposes of this this Zoning Ordinance. 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 Urban County 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 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 floodwaters; 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 installation of pumps to lower water levels in structures and 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 ensure 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 hazardous to public health, safety, and welfare shall be designed and constructed in a manner which will ensure 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 floodwaters.
(g) Urban County Engineer's Review. The Urban County 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 Urban County 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 Urban County Engineer shall notify the Division of Building Inspection 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 Lexington-Fayette Urban County Government shall be approved by the Urban County Council 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 Urban County Engineer as a part of the review materials. If the Division of Water disapproves the request, no officer, department or board of the Urban County Government shall have the authority to approve the request.
(Code 1983, § 19-9; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 286-2005 , § 1, 10-20-2005; Ord. No. 122-2011 , §§ 30, 31, 9-29-2011)
The decision of the Urban County Engineer regarding the flood hazard status of any property, or approval or denial of a special permit, may be appealed by the property owner or an objector to the Urban County Engineer's decision within sixty (60) days. The appellant shall clearly state the location of the property, the reason for the appeal, and include such other information as may be necessary to evaluate the proposal. The appeal shall be referred to the Floodplain Appeals Committee and shall follow the procedure established herein.
(a) Membership. The Floodplain Appeals Committee shall consist of five (5) members to be appointed by action of the Planning Commission. One member shall be the Commissioner of Planning, Preservation, and Development or the Commissioner's designee, one (1) member shall be a member of the Planning Commission, one (1) member shall be a member of the Urban County Council, one (1) member shall be a professional engineer licensed in Kentucky and in private practice, and one (1) member shall be a member of the Home Builder's Association of Lexington. The term of the Planning Commission member shall be the same as the member's Planning Commission appointment, and the term of the Council member shall be the same as the Council member's term. For the others, the initial appointment for one (1) member shall be for four (4) years, one (1) for three (3) years and one (1) for two (2) years. Subsequent appointments shall be for four (4) years.
(b) Commissioner of Public Works Review. All appeals from the decision of the Urban County Engineer shall be reviewed by the Commissioner of Planning, Preservation, and Development prior to filing with the Floodplain Appeals Committee. The Commissioner of Planning, Preservation, and Development may solicit additional technical or legal advice to assist in the review. The Commissioner of Planning, Preservation, and Development shall not be empowered to override the decision of the Urban County Engineer for reconsideration if the Commissioner's review uncovers new facts or information not considered in the original decision of the Urban County Engineer. However, if so desired, the appellant may file directly with the Floodplain Appeals Committee after the Commissioner has made the review. The Commissioner of Planning, Preservation, and Development shall document the review and recommendations in writing, and both the Commissioner's report and the report of the Urban County Engineer shall be required to be filed with any application to the Floodplain Appeals Committee appealing the Urban County Engineer's decision.
(c) Organization and Meetings. The Floodplain Appeals Committee shall elect a chairman and any other officers deemed necessary, and shall keep records of its meeting and decisions. Meetings shall be held at the call of the chairman, or by the joint action of two (2) members. In all cases, notice shall be given to all members at least six (6) days prior to any meeting. A quorum shall consist of three (3) members, and an appeal may be decided by a simple majority vote of at least two (2) members when a quorum is present.
(d) Decisions and Recording. In making its decision concerning a floodplain appeal, the Committee shall consider the factors listed in Section 19-9(e) of this Article. 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 decision of the Floodplain Appeals Committee shall be forwarded to the Division of Building Inspection and to the Division of Engineering in order to be properly filed with the records of the property.
(Code 1983, § 19-10; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 138-2008 , §§ 6, 7, 6-26-2008; Ord. No. 211-2016 , § 5(19-10), 12-6-2016)
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