ACCESSORY STRUCTURE.
A structure located on the same parcel of property as the principal structure, the use of which is incidental to the use of the principal structure. For purposes of this chapter, accessory structures shall constitute a minimal initial investment of no more than 10% of the market value of the principal structure, shall not be used for human occupancy, and shall be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds. (See definitions for Principal Structure and Structure.)
ADMINISTERING AGENCY. The Louisville and Jefferson County Metropolitan Sewer District.
BASE FLOOD.
The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE).
The elevation shown on the Flood Insurance Rate Map (FIRM) issued by FEMA for Zones AE, AH, A1-30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, also known as the 100-year flood. Any flood zone that begins with the letter A is subject to the 100-year flood.
BASEMENT. That portion of a building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.
CRITICAL FACILITY.
Any facility which if unusable or unreachable because of flooding would seriously and adversely affect the health and safety of the public. Critical facilities, to include, but not limited to schools, hospitals, nursing homes, and housing likely to contain occupants not sufficiently mobile to avoid injury or death unaided during a flood; police stations, fire stations, emergency vehicle and emergency equipment storage facilities, and emergency operations centers likely to be called upon before, during and after a flood; public and private utility facilities important to maintaining or restoring normal services before, during and after a flood; and those structures or facilities which produce, use, or store highly volatile, flammable, explosive, toxic, and/or water reactive materials.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment.
ELEVATED BUILDING. A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls.
ENCLOSURE.
That portion of a structure below base flood elevation (BFE) used solely for parking of vehicles, limited storage, or access to the structure.
EXISTING DEVELOPMENT. Any development or structure for which permitted construction commenced before the effective date of this chapter.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads), which commenced before December 5, 2006.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads), which commences on or after December 5, 2006.
FEMA. The U.S. Federal Emergency Management Agency or any successor agency.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland waters or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM).
The official map of a community, on which the FEMA or FIA (Federal Insurance Administration) has delineated both the areas of special flood hazard area and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY.
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination , evaluation and determination of mudslide (such as mudflow) and/or flood-related erosion hazards.
FLOODPLAIN BOARD. The Board of the Louisville and Jefferson County Metropolitan Sewer District.
FLOODPLAIN PERMIT.
The approval required by the administering agency for development under § 157.03(C) of this chapter.
FLOODPLAIN STORAGE COMPENSATION. An artificially excavated, hydraulically equivalent volume of floodplain storage sufficient to offset a reduction in floodplain storage resulting from filling or construction within the local regulatory floodplain as determined by the administering agency. Such floodplain storage compensation shall be within the same watershed and shall be provided on the same property or at an alternate site if the administering agency so approves.
FLOODPROOF or FLOODPROOFING. Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FLOOR. The top surface of an enclosed area in a building (including basement), such as the top of a slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a freestanding garage not connected to the main structure and used solely for parking vehicles.
FREEBOARD. A factor of safety, which is at least two feet for residential structures and one foot for non-residential structures above the local regulatory base flood elevations, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.
(1) Freeboard must be applied not just to the elevation of the lowest floor or floodproofing level, but also to the level of protection provided to all components of the building, such as building utilities, HVAC components, etc.
(2) All building utilities, including ductwork, must be elevated or protected to a two-foot freeboard level and all portions of the building below the freeboard level must be constructed using materials resistant to flood damage and must meet the opening requirements for enclosures.
FULLY DEVELOPED WATERSHED. A condition of a watershed which most accurately reflects the ultimate land use of the watershed and its potential to cause runoff.
FUNCTIONALLY DEPENDENT FACILITY. A facility which in the judgment of the administering agency cannot perform its essential project purpose unless it is located or carried out in close proximity to water. The term does not include long-term storage, manufacture, sales, service or residential facilities.
HISTORICAL STRUCTURE. Any structure which is:
(1) Listed individually in the National Register of Historic Places by the U. S. Department of Interior or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or
(2) Certified or preliminarily determined by the U. S. Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
(3) Listed individually by the Commonwealth of Kentucky on its state inventory of historic structures or listed individually by the Louisville/Jefferson County Metro Government in its inventory of historic structures.
LOCAL REGULATORY BASE FLOOD ELEVATION. The height of the local regulatory flood expressed as feet above mean sea level (North American Vertical Datum 1988). This is determined by hydraulic calculations using the runoff from a fully developed watershed using as the basis for calculation a methodology approved by the administering agency which includes storm duration estimates and using zoning maps current as of the time of the calculation, provided that in calculating runoff potential for publicly owned property dedicated to public open space, for existing cemeteries, for existing 18 hole or larger regulation golf courses and for land prohibited from development by ordinance of Louisville/Jefferson County Metro Government or one of the municipalities within its boundaries, the actual use rather than the designated zoning category on the zoning maps shall be used.
LOCAL REGULATORY CONVEYANCE ZONE. The channel of a river or perennial stream or intermittent stream and the land adjacent to that river or stream which if unobstructed will discharge a local regulatory flood without cumulatively increasing the water surface elevation more than one-tenth of one foot. The conveyance zone is determined by an equal loss of conveyance (at higher elevation) occurring on each side of the channel.
LOCAL REGULATORY FLOOD. The flood having a 1% likelihood of being equaled or exceeded in any given year based on a fully developed watershed.
LOCAL REGULATORY FLOODPLAIN. Any stream course or normally dry land area susceptible to being partially or completely inundated by the overflow of water from sources of public water or by the unusual and rapid accumulation or runoff of public surface waters and subject to a local regulatory flood.
LOWEST ADJACENT GRADE. The lowest natural elevation of the ground surface, prior to construction, next to the proposed walls of a building.
LOWEST FLOOR.
The lowest floor of the lowest enclosed area including the basement. An unfinished or flood resistant enclosure, useable solely for parking of vehicles, building access, or storage in an area other than a basement is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3 or this chapter.
MANUFACTURED HOME. A building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property but does not include road ready vehicles not permanently attached to utilities.
MANUFACTURED HOME PARKS. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MARKET VALUE.
The structure value, excluding the land (as agreed between a willing buyer and seller), as established by what the local real estate market will bear.
MARKET VALUE
of a structure for purposes of this chapter is: the appraised value of the structure determined by a certified general real property appraiser licensed and certified by the Kentucky Real Estate Appraisers Board or lacking that, the current assessment of the structure shown by the Property Valuation Administrator of Jefferson County, prior to the start of the addition, repair or improvement, or in the case of damage, prior to the damage's occurrence.
NATIONAL FLOOD INSURANCE PROGRAM or NFIP. The Federal program authorized by 42 U.S.C. §§ 4001 et seq., making available flood insurance protection to property owners, which availability is conditioned on the community's adoption and enforcement of floodplain management regulations meeting the minimum criteria set forth in the statute and the regulations.
NEW CONSTRUCTION. Any development which had not begun construction on the effective date of this chapter and includes any subsequent improvement to such structures. The first placement of permanent features of the development such as pouring of slabs or footings and installation of piles constitute beginning of construction, but land preparation, grading and filling or construction of accessory structures do not.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads), which is commenced on or after December 5, 2006.
OHIO RIVER CORRIDOR.
Those areas adjacent to the Ohio River, which are in the local regulatory floodplain. These areas are set forth on a map that can be viewed at the office of the administering agency.
PRINCIPAL STRUCTURE.
A walled and roofed structure built for uses other than those outlined in the definition of accessory structure. (See definitions for Accessory Structure and Structure.)
PUBLIC WATER. Water that flows from more than one property or from public lands or rights-of-way.
RECREATIONAL VEHICLE.
A vehicle which is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
RESIDENTIAL STRUCTURE. A non-commercial building designed for habitation by one or more families or a mixed-use building that qualifies as a single-family, two - four family, or other residential building, including without limitation, houses, condominiums and apartments.
SECTION 1316. The section of the National Flood Insurance Act of 1968, as amended, which states that no new or renewal flood insurance coverage shall be provided for any property that the administering agency finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that are intended to discourage or otherwise restrict land development or occupancy in local regulatory floodplain.
SPECIAL FLOOD HAZARD AREA.
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, or AR/A.
START OF CONSTRUCTION
(includes
SUBSTANTIAL IMPROVEMENT
). The date the floodplain permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STREAM, INTERMITTENT. A stream or part of a stream that has flowing water during certain times of the year when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water stream flow. All streams designated with a broken blue line on the U.S.G.S. 7.5 minute quadrangle topographic maps are considered to be intermittent, but may be determined in whole or part to be perennial or ephemeral based on information provided by a qualified professional, the Kentucky Division of Water or the U.S. Army Corps of Engineers. Additional intermittent stream determinations shall be made on a case-by-case basis by a qualified professional with a background in stream hydrology and/or wetland biology. Information concerning an additional designation shall be solicited from the Kentucky Division of Water and the U.S. Army Corps of Engineers.
STREAM, PERENNIAL. A stream that has flowing water year-round during a typical year. The water table is located above the streambed for most of the year. Groundwater is the primary source of water from stream flow. Runoff from rainfall is a supplemental source of water stream flow. All streams designated with a solid blue line on the U.S.G.S. 7.5 minute quadrangle topographic maps are considered to be perennial, but may be determined in whole or part to be intermittent based on information provided by a qualified professional, the Kentucky Division of Water or the U.S. Army Corps of Engineers. Additional perennial stream determinations shall be made on a case-by-case basis by a qualified professional with a background in stream hydrology and/or wetland biology. Information concerning an additional designation shall be solicited from the Kentucky Division of Water and the U.S. Army Corps of Engineers.
STRUCTURE. A walled and roofed building built for occupancy, storage, support, shelter, or enclosure that is principally above ground, including but not limited to a manufactured home, a gas or liquid storage tank, or other man-made facility or infrastructure. (See definitions for Accessory Structure and Principal Structure.)
SUBDIVISION. Division of a parcel of land into two or more lots or parcels, for the purpose, whether immediate or future, of sale, lease, or building development; or if a new street is involved, any division of a parcel of land. The term includes resubdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided. The following shall not be considered a subdivision:
(1) Consolidation of existing lots, parcels or tracts by deed or other recorded instrument; or
(2) Creation of an easement other than an access easement (e.g. utility easement, etc.); or
(3) A division of land into lots of five acres or larger for agricultural use and not involving a new street.
The term SUBDIVISION is further defined as follows:
(1) MAJOR SUBDIVISION. Any subdivision not defined as a minor subdivision.
(2) MINOR SUBDIVISION. A subdivision of land into no more than five tracts or lots, provided that such subdivision does not involve the creation of any new public street. Further division of an approved minor subdivision (exceeding the total of five lots in any 12 month period) shall require the subdivider to proceed under the provisions governing major subdivisions.
SUBSTANTIAL DAMAGE.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred, as determined by the administering agency and/or the Commonwealth of Kentucky.
SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction, alteration, additions or improvements to existing development not related to damage taking place during a one-year rolling period in which the cumulative cost equals or exceeds 50% of the market value of the structure, excluding periodic maintenance and upkeep (including without limitation, windows, doors and roofing) that does not increase the value of the structure. (See definition for Market Value.) With regard to damage, Substantial Improvement shall mean any combination of repairs, reconstruction, rehabilitation or improvement to
existing development taking place during a one-year rolling period in which the cumulative cost equals or exceeds 50% of the market value of the structure. The cost of repairs, reconstruction, alteration, additions or improvements shall reflect the value in the marketplace of the labor and materials to be used. The first alteration of any wall, ceiling, floor or other structural part of the structure constitutes beginning of construction of the substantial improvement whether or not that alteration affects the external dimensions of the structure. The term does not include the cost of flood proofing or elevating a structure or any portion thereof to the freeboard elevation.
This term does not apply to:
(1) Any project for improvement of a building required to comply with existing health, safety or sanitary code requirements which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions; or
(2) Any alternation of a “historic structure” as defined in this chapter, provided that the alteration will not preclude the structure’s continued designation as a “historic structure” and provided that mitigation measures to minimize future flood damages are used to the maximum extent practicable when historic structures are renovated or when repaired following a floor or other hazard event.
REPETITIVE LOSS.
A structure that has incurred flood-related damages on two or more occasions during a ten-year rolling period. When a structure covered by a Standard Flood Insurance Policy under the NFIP sustains a flood-related loss and the Commonwealth of Kentucky and/or the administering agency declares the structure to be substantially or repetitively damaged, increased cost of compliance coverage will help pay for a portion of the cost to elevate, floodproof, demolish, or remove the structure.
UTILITIES.
Includes electrical, heating, ventilating, plumbing, and air conditioning equipment be protected to at least freeboard elevation.
VIOLATION.
The failure of a structure or other development to be fully compliant with the provisions of this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
WATERSHED. All the area within a geographic boundary from which water, sediments and other transportable materials, and dissolved materials drain or are carried by water to a common outlet, such as a point on a larger stream, lake, or underlying aquifer.
WATERSHED MASTER PLAN. The plan adopted by the Board of the administering agency which depicts the critical hydrologic and flood management elements of a watershed such as local regulatory floodplain and local regulatory conveyance zones and is supported by maps, graphics, text, models, and capital improvements planned by the administering agency.
(1994 Jeff. Code, § 157.02) (Jeff. Ord. 30-1997, adopted and effective 11-11-1997; Jeff. Am. Ord. 15-2000, adopted and effective 5-23-2000; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005; Lou. Metro Am. Ord. No. 202-2006, approved 11-13-2006; Lou. Metro Am. Ord. No. 89-2015, approved 6-2-2015; Lou. Metro Am. Ord. No. 199-2015, approved 11-24-2015; Lou. Metro Am. Ord. No. 157-2017, approved 8-25-2017)