(A) Local Regulatory Conveyance Zone.
(1) No development, shall occur in the local regulatory conveyance zone except as approved in a permit issued by the administering agency and are one of the following:
(a) Detention, retention, or other stormwater, flood control, or water quality facilities which are beneficial to the stream corridor and riparian environment, or
(b) Uses consisting of open space which are in conformance with the Zoning Regulations of the Louisville/Jefferson County Metro Government and are associated with bona fide agriculture, silviculture, recreation, parking, and storage that whether in place or dislodged would not contribute to an increase in the local regulatory base flood elevation, or
(c) Necessary for navigation and waterborne freight handling, or
(d) Necessary for transportation or utility crossings, or
(e) Structures related to those in (b) or (c) above so long as the structures are designed, constructed and sited so as to offer the minimum obstruction to flows during a local regulatory flood, or
(f) Functionally dependent facilities which considered alone or with development up and down stream and across the stream are not likely to contribute to an increase in the local regulatory base flood elevation.
(2) No permit shall be required for:
(a) Customary and incidental routine grounds maintenance, landscaping, and home gardening which does not require zoning approval, a zoning variance or a building permit and which does not affect stormwater drainage entering or leaving any public right-of-way, or
(b) Emergency repairs of a temporary nature made on public or private property which are necessary for the preservation of life, health or property, and which are made under such circumstances where it would be impossible or impracticable to obtain a floodplain permit, or
(c) Temporary excavation for the purpose of repairing or maintaining any public street, public utility facility or any service lines related thereto.
(3) No person shall store materials which are flammable, explosive, reactive, toxic, corrosive or because of their buoyancy or other properties may be injurious to human, animal or plant life in the local regulatory conveyance zone.
(B) Streams. For “perennial stream” and “intermittent streams”.
(1) Notwithstanding anything in this section to the contrary, no relocation, channelization, or stripping of the stream, stream banks, or channel shall occur except for projects benefitting the general public such as road crossings, installation of utilities, flood control measures, drainage and outfall pipes, detention basins, retention basins or water impoundments and for projects with benefit to the public in preventing flooding provided such projects are essential to protect the health, safety, and welfare of local residents. Such projects must be the only alternative which is viable, and all exceptions must be approved by the administering agency, the Louisville Metro Planning Commission, the Kentucky Division of Water, and if applicable, the U.S. Army Corps of Engineers.
(2) A natural vegetation buffer strip shall be preserved at least 25 feet on each side of the stream bank from the top of the bank. In areas not already disturbed by urban, suburban, or agricultural land uses prior to the effective date of this chapter, existing natural vegetation over story and under story trees shall be preserved and shrubs and ground covers shall be maintained along the stream bank sufficient to naturally maintain the integrity of the channel.
(3) When removal of vegetation within the buffer strip specified in subsection (B)(2) above is necessary for the location and construction of a public project or project with benefit to the public in preventing flooding described in subsection (B)(1) above, native vegetation which thrives in riparian environments shall be replanted prior to completion of construction sufficient to naturally maintain the integrity of the channel.
(4) Stream crossings for existing lots or tracts may be permitted where there is no alternative for access to the property.
(C) Local Regulatory Floodplain.
(1) Floodplain Permit. No person shall begin development in the local regulatory floodplain unless and until a floodplain permit has been issued by the administering agency.
(a) The administering agency shall review subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a local regulatory floodplain, any such proposals shall be reviewed to assure that:
1. All such proposals are consistent with the need to minimize flood damage within the local regulatory floodplain;
2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
3. Adequate drainage is provided to reduce exposure to flood hazards;
4. New and replacement water supply systems are designed to minimize or eliminate infiltration of flood waters into the systems;
5. New and replacement sanitary sewage systems are designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and
6. Onsite waste disposal systems are located to avoid impairment to them or contamination from them during flooding.
(b) When FEMA has designated areas of special flood hazards (A zones) by the publication of a community's FIRM, but has neither produced water surface elevation data nor identified a floodway, the administering agency shall require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is less, include within such proposals base flood elevation data.
(2) Required Issuance. The administering agency shall issue a floodplain permit for:
(a) Development, not including critical facilities, for use as a residence:
1. Consisting of new construction or substantial improvement or repair of substantial damage where the lowest floor including the basement, if any, mechanical and utility equipment and ductwork is elevated at least to freeboard elevation, or
2. Consisting of existing development other than substantial improvement or repair of substantial damage which:
a. Floodproofs any addition or elevates it to at least freeboard elevation and either,
b. Replaces or repairs the pre-existing condition of development or constructs additions or remodeling which do not constitute substantial improvement or repair of substantial damage without diminishing the storage capacity or the amount and velocity of the transmission of flood waters through the local regulatory floodplain from what was present prior to the replacement or repair, or
c. Floodproofs the existing development below freeboard elevation so that those areas including all mechanical and utility equipment and ductwork below the required elevation are watertight with walls substantially impermeable to the passage of water and structural components are used which have the capability to resist hydrostatic and hydrodynamic loads and the effects of buoyancy which capabilities shall be certified by a licensed professional engineer or architect and provided to the administering agency.
3. Consisting of emplacing a manufactured home:
a. In an existing manufactured home park which:
(i) Elevates the lowest floor, including mechanical and utility equipment, and ductwork of the manufactured home at least to freeboard elevation, or
(ii) Supports the manufactured home chassis by reinforced piers or other foundation elements of at least an equivalent strength of no less than 36 inches in height above grade,
(iii) And in either (i) or (ii) above, firmly anchors the manufactured home to the securely anchored foundation so as to resist flotation, collapse and lateral movement.
b. In a newly constructed or substantially improved or expanded manufactured home park or the new construction or substantial improvement or repair of substantial damage or expansion of such a manufactured home park which:
(i) Emplaces the manufactured home on a building pad which is raised at least to freeboard elevation, and
(ii) Firmly anchors the manufactured home to the securely anchored foundation so as to resist flotation, collapse and lateral movement.
c. In an existing, new or expanded manufactured home park where the owner notifies all owners or lessees of manufactured homes to be located in the manufactured home park of the requirements of this subsection (C)(2)(a)3. and insures their compliance with those requirements.
4. All new public or private roads must be constructed at or above the local regulatory base flood elevation.
(b) Development, other than a critical facility, for all other uses:
1. Where the lowest floor including basement, if any, and all mechanical and utility equipment and ductwork are elevated at least to freeboard elevation, or
2. Where development consists of new construction or substantial improvement or repair of substantial damage where the portion of the new construction or substantial improvement or repair of substantial damage below freeboard elevation is floodproofed so that those areas including all mechanical and utility equipment and ductwork below the required elevation are watertight with walls substantially impermeable to the passage of water and structural components are used which have the capability to resist hydrostatic and hydrodynamic loads and the effects of buoyancy which capabilities shall be certified by a licensed professional engineer or architect and provided to the administering agency.
3. Existing development not consisting of substantial improvement or repair of substantial damage which:
a. Floodproofs any addition or elevates it to at least freeboard elevation and either,
b. Replaces or repairs the pre-existing condition of development without diminishing the storage capacity or the amount and velocity of the transmission of flood waters through the local regulatory floodplain from what was present prior to the replacement or repair, or
c. Floodproofs the existing development as repaired or replaced in accordance with the standard provided in subsection (C)(2)(b)2.
4. For accessory structures in special flood hazard areas designated in ‘A' Zone, except in the local regulatory conveyance zone or floodway, the following provisions shall apply:
a. The elevation requirements of subsection (C)(5) of this section do not apply to accessory structures. The administering agency shall have permissive issuance over this requirement.
b. Accessory structures shall only be used for storage or parking, and
c. Accessory structures shall be designed to have low flood damage potential, and
d. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters, and
e. Accessory structures shall be securely anchored to prevent flotation so as to minimize any damage that may be caused to other structures, and
f. All mechanical and utility equipment and ductwork of accessory structures shall be elevated or floodproofed at least to freeboard elevation, and
g. Accessory structures shall have automated openings on any enclosure below base flood elevation to equalize hydrostatic pressure during a flood. Flood openings/vents shall be no more than one foot above grade, total openings shall be one square inch per one square foot of floor area, and the accessory structure shall have at least two openings required on opposite walls; and
h. Accessory structures shall not be modified for a different use after permitting.
(c) Development for critical facilities.
1. A critical facility consisting of substantial improvement or repair of substantial damage so long as it meets the other requirements of subsections (C)(2)(b)1. and (C)(2)(b)2., above, provided that the lowest floor, including the basement, if any, mechanical and utility equipment and ductwork, is elevated at least to freeboard elevation and it has at least one access road capable of supporting a vehicle weighing 12,500 pounds which road is connected to land outside the local regulatory floodplain and the top of which road is no lower than freeboard elevation.
2. A critical facility not consisting of new construction or substantial improvement or repair of substantial damage which:
a. Floodproofs any addition or elevates it to at least freeboard elevation and either,
b. Replaces or repairs the pre-existing condition of development without diminishing the storage capacity or the amount and velocity of the transmission of flood waters through the local regulatory floodplain from what was present prior to the replacement or repair, or
c. Floodproofs the existing development as repaired or replaced in accordance with the standard provided in subsection (C)(2)(b)2.
(3) Permissive Issuance. The administering agency may issue a floodplain permit if the proposed development is consistent with the purposes of this chapter and the factors listed below have been considered and either avoided or mitigated:
(a) The danger to life and property presented by a local regulatory flood;
(b) The susceptibility of the proposed facility and its contents to damage from a local regulatory flood and the effect of such damage on the individual owner;
(c) The danger that in a local regulatory flood materials may be swept onto other lands to the injury of others;
(d) The safety of access to the property in times of a local regulatory flood for ordinary and emergency vehicles;
(e) The costs and feasibility of providing governmental services during and after a local regulatory flood, including fire protection, emergency medical services, police protection, maintenance and repair of streets and bridges and of providing safely operating public utilities and facilities such as sewer, gas, electrical and water systems;
(f) The expected heights, velocity, duration, rate of rise and sediment transport of the waters from a local regulatory flood expected at the site.
(4) General Provisions.
(a) For a floodplain permit issued under either subsection (C)(2) or (C)(3), above, any part of the development which is elevated above the adjacent grade:
1. If solid foundation perimeter walls are to be used to elevate the structure to at least freeboard elevation,
a. There shall be provided openings sufficient to facilitate the unimpeded movement of flood waters and equalize hydrostatic flood forces on exterior walls which capabilities shall be certified to the administering agency by a licensed professional engineer or architect or which designs shall provide openings in each wall having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding, and the bottom of all openings shall be no higher than one foot above grade; and openings equipped with screens, louvers, valves or other coverings or devices shall permit the automatic flow of flood waters in both directions, and
b. All space within the area created by the solid perimeter walls shall be designated undevelopable space with a restriction recorded with the deed of such designation evidence of which recorded restriction shall be provided to the administering agency before approval of the floodplain permit, and
c. The interior portion of the area shall not be partitioned or finished into separate rooms.
2. If piers, posts or columns are to be used to achieve the elevation, the area encompassed by the piers, posts or columns shall not be designated living space, but shall be designated undevelopable space and shall be so restricted on the deed to the property filed in the Office of the Clerk of Jefferson County, the pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse and lateral movement due to effects of water load which values shall be those associated with a local regulatory base flood, and the design shall be certified by a licensed professional engineer as meeting accepted standards of practice for such structures. Breakaway walls shall be non-supporting and designed to collapse without causing collapse or displacement or other structural damage of the elevated building.
(b) For a floodplain permit issued under subsections (C)(2) or (C)(3), above, any development which displaces any storage capacity for floodwaters in the local regulatory floodplain shall provide floodplain storage compensation 1.5 times the displaced storage capacity. In the Ohio River Corridor, a floodplain compensation fee in an amount established by the administering agency may be assessed and paid to the administering agency in lieu of floodplain storage compensation or compensation elsewhere may be provided if approved by the administering agency. (See Editor’s Note following this section.)
(c) No floodplain permit shall be issued under subsections (C)(2) or (C)(3), above, for development constituting substantial improvement or repairs or replacement of substantial damage on existing development to be used for storage of materials which are flammable, explosive, reactive, toxic, corrosive or because of their buoyancy or other properties may be injurious to human, animal or plant life unless plans have been presented by the permit applicant acceptable to the administering agency to keep the materials secure, to anchor the containers so they do not float away and to prevent spillage or leakage in the event of flooding and such plans have been attached to the floodplain permit as conditions, provided that occupants of properties zoned for residential use may store de minimis quantities of these materials sufficient for the occupants personal use on the property.
(d) Containers described in subsection (C)(4)(c), above, shall be securely anchored where necessary to prevent flotation due to possible high flood waters around aboveground or mounded containers, or due to high water table for those containers underground or partially underground. Underground, partially underground, and aboveground tanks shall conform to the most recent editions of the NFPA Flammable and Combustible Liquids Code and the NFPA Installation of LP-Gas Systems Code.
(e) No new construction of critical facilities shall occur in the local regulatory floodplain and no elevation shall be permitted for new construction of critical facilities to raise them to at least freeboard elevation.
(5) Elevation / Floodproofing Certificate.
(a) No person shall allow or permit construction to proceed beyond the lowest floor, including a basement, if any, and installation of mechanical and utility equipment and ductwork until a licensed land surveyor or licensed professional engineer has submitted to the administering agency an Elevation Certificate on a form approved by FEMA stating the elevation of the lowest floor and that it conforms to the requirements of the floodplain permit regarding the elevation of the lowest floor.
(b) No person shall use or occupy a structure which by terms of the floodplain permit is to be floodproofed until a licensed professional engineer or licensed architect in the Commonwealth has completed and filed with the administering agency a Floodproofing Certificate on a form approved by FEMA.
(6) Expiration of Floodplain Permit. If the holder of a floodplain permit has not commenced construction within one year from the date of its issuance by the administering agency, the floodplain permit shall expire and no development shall be permitted on the subject property unless and until a new floodplain permit is issued, provided that the term of an approved floodplain permit may be extended if the assumptions under which the permit was issued remain valid and the extension is approved in writing by the administering agency before the floodplain permit expires with no more than two one-year extensions to be approved. Demolition, site clearing, and site preparation do not constitute commencing construction for the purpose of this section.
(7) Conformance with floodplain permit. No person who has obtained a floodplain permit shall construct development except in accordance with its terms. Upon completion of construction, the permittee shall provide a finished elevation certificate to MSD within 30 days of construction completion.
(8) Nonconforming Use. An existing development which was lawful on the effective date of this chapter but which is not in conformity with the provisions of this chapter may be continued so long as:
(a) The existing development is not expanded or enlarged except in conformity with the provisions of this chapter, and
(b) Any substantial improvement or repair of substantial damage is made only in conformity with the provisions of this chapter.
(9) Parking lots. An owner, lessor, manager, or lessee of a parking lot which is intended for public use, which resides in the local regulatory floodplain, shall erect a sign, in accordance with standards and appropriate language established by the administering agency, warning occupants that such parking lot is in a flood prone area. The maximum depth of flooding allowed in any new parking facility (except those devoted exclusively to tractor trailer parking) shall be six inches below the local regulatory base flood elevation for all areas except the Ohio River Corridor. Parking facilities in the Ohio River Corridor may be permitted due to longer warning times available.
(10) Any development that causes an increase or decrease to the base floor elevations shown on the effective FIRMS or Flood Insurance Study must apply for a Letter of Map Change (LOMC) from FEMA as soon as practicable, but not later than six months after the date of the Site Disturbance Permit release. Any such alterations must be reviewed and approved by FEMA through the LOMC process.
(11) Signage. For any new major residential subdivision that is not served by at least one access road which is at or above the local regulatory base floor elevation, signage shall be erected at the nearest floodplain location on the access roads to the new subdivision prior to record plat approval to warn residents that the road is flood prone. Signage shall be in accordance with standards and appropriate language established by the administering agency. All installation costs of signage shall be borne by the developer of the proposed subdivision.
(D) Consent to public construction. Notwithstanding any provision in this chapter to the contrary, no structure or improvement shall be constructed nor change in topography imposed nor shall any other development be carried out by any public entity without specific consent having been granted by the property owner or its designee or agent or by a Court in a legal proceeding separate and apart from this chapter nor shall any use be made of the property by any public entity without specific consent for such use having been granted by the property owner or its designee or agent or by a Court in a separate legal proceeding. This section applies only to this chapter and the activities and facilities provided for by the terms of this chapter.
(1994 Jeff. Code, § 157.03) (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. 157-2017, approved 8-25- 2017; Lou. Metro Am. Ord. No. 114-2022, approved 8- 31-2022)
Editor’s Note:
Section 157.03(C)(4)(b) shall not apply to detailed district development plans or subdivisions plans that have received preliminary MSD approval required for docketing for Louisville Metro Planning Commission review prior to the effective date.