CHAPTER 152: FLOOD DAMAGE PREVENTION

Section

Authorization, Findings, Purpose and Definitions

   152.01   Statutory authorization

   152.02   Findings of fact

   152.03   Statement of purpose

   152.04   Objectives

   152.05   Definitions

General Provisions

   152.20   Lands to which this chapter applies

   152.21   Basis for establishing the special flood hazard areas

   152.22   Establishment of development permit

   152.23   Compliance

   152.24   Abrogation and greater restrictions

   152.25   Interpretation

   152.26   Warning and disclaimer of liability

   152.27   Enforcement, violation notice

Administration

   152.40   Designation of Local Administrator

   152.41   Establishment of development permit

   152.42   Duties and responsibilities of the Local Administrator

   152.43   Appeals and variance procedures

Provisions for Flood Hazard Reduction

   152.55   General construction standards

   152.56   Specific standards

   152.57   Standards for streams without established base flood standards (unnumbered A zones) and/or floodways

   152.58   Standards for shallow flooding zones

   152.59   Standards for subdivision proposals

   152.60   Standards for accessory structures in all zones beginning with the letter “A”

   152.61   Critical facilities

   152.99   Penalty

AUTHORIZATION, FINDINGS, PURPOSE AND DEFINITIONS

§ 152.01 STATUTORY AUTHORIZATION.

   The legislature of the commonwealth has in KRS 67.084 delegated to local government units the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Fiscal Court of the county, hereby adopts the following floodplain management ordinance, as follows.

(Ord. 01-05.25.10, passed 5-27-2010)

§ 152.02 FINDINGS OF FACT.

   (A)   The flood hazard areas of the county are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all which adversely affect the public health, safety and general welfare.

   (B)   These flood losses are caused by the cumulative effect of obstructions in floodplains causing increased flood height and velocity, and by the location in flood hazard areas of uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise protected from flood damage.

(Ord. 01-05.25.10, passed 5-27-2010)

§ 152.03 STATEMENT OF PURPOSE.

   It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private loss due to flooding by provisions designed to:

   (A)   Restrict or prohibit uses which are dangerous to health, safety and property due to water erosion hazards, or which result in damaging increases in erosion or in flood height or velocity;

   (B)   Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

   (C)   Control the alteration of natural floodplains, stream channels and natural protective barriers which accommodate or channel floodwaters;

   (D)   Control filling, grading, dredging and other development which may increase erosion or flood damage; and

   (E)   Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other areas.

(Ord. 01-05.25.10, passed 5-27-2010)

§ 152.04 OBJECTIVES.

   The objectives of this chapter are to:

   (A)   Protect human life and health;

   (B)   Minimize expenditure of public money for costly flood control projects;

   (C)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

   (D)   Minimize prolonged business interruptions;

   (E)   Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines; streets and bridges located in areas of special flood hazard;

   (F)   Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard or other flood-prone areas in such a manner as to minimize future flood blighted areas caused by flooding;

   (G)   Ensure that potential home buyers are on notice that property is in a special flood hazard area; and

   (H)   Ensure that those who occupy a special flood hazard area assume responsibility for their actions.

(Ord. 01-05.25.10, passed 5-27-2010)