SECTION 9.21 FLOOD PROTECTION DEVELOPMENT CONTROLS:
   A.   Purpose: The purpose of the flood protection development control is:
      1.   To permit only that development of flood prone areas which: (a) is appropriate in light of the probability of flood damage and the need to reduce flood losses, (b) is an acceptable social and economic use of the land in relation to the hazards involved, and (c) does not increase the danger to human life; and
      2.   To prohibit all other development in flood prone areas not identified in Subsection A, 1, above, including nonessential or improper installation of public utilities and public facilities.
   B.   Areas of land adjacent to streams, rivers, or bodies of water, which have a high degree of susceptibility to flooding, shall be limited to development according to the following regulations, notwithstanding any other section of this Ordinance or any other ordinance adopted by the City.
      1.   The limits of the floodplain (areas subject to flooding during the occurrence of a 100 year flood) and floodway are identified as Flood Protection Control Areas, on the zoning map, pursuant to the Newport Flood Insurance Study prepared by the Federal Insurance Administration.
      2.   Areas designated as susceptible to flooding during the occurrence of a 100 year flood shall be controlled by both the zoning district in which the area is located and the requirements of this section of the Ordinance. Flood data within this section identifies the elevation of the 100 year flood level and the width of the floodway as follows: (Figure A  Ohio River and Licking River, Figure B  Woodlawn Creek and Woodlawn Tributary 2). In the case of any proposed activity located along other tributaries or bodies of water not covered in these tables, and located in those areas which are identified as being susceptible to flooding, according to the report prepared by the U.S. Department of Agriculture, Soil Conservation Service, "Soil Survey of Boone, Campbell, and Kenton Counties, Kentucky", August, 1973, a survey shall be made by a qualified registered civil engineer establishing the elevation of the 100 year flood and floodway for said areas prior to the issuance of any zoning and building permits.
      3.   No person, City, county, or other political subdivision of the state shall commence filling of any area with earth, debris, or any other material or raise the level of any area in any manner, or place a building, barrier, or obstruction of any sort on any area, including making any alteration or relocation of a waterway, located within the floodway which would result in any increase in flood levels during the occurrence of a 100 year flood discharge. In those cases where a watercourse is to be altered or relocated, the flood carrying capacity of said portion of the waterway affected must be maintained. Plans and specifications for such work shall be submitted to the City engineer for review to determine if said encroachment will meet the requirements of this Ordinance. Said plans shall also be submitted to the Kentucky Department of Natural Resources & Environmental Protection, Division of Water Resources, and other applicable agencies, for their review and approval. Mobile homes shall be prohibited from being placed within the floodway.
      4.   All land outside the floodway of the bodies of water identified in Paragraph 2, but located within the floodplain, may be used for any purpose for which it is zoned, providing that: any new residential construction including any expansion or substantial improvements of existing residential structures as herein defined within said floodplain shall have the lowest floor which is used for living quarters elevated to or above the level of the 100 year flood; and any new nonresidential structures including any expansion or substantial improvements of nonresidential structures within the floodplain area shall have the lowest floor elevated to or above the level of the 100 year flood or together with attendant utility and sanitary facilities shall be designed and flood proofed so that below the 100 year flood level the structure is water tight with walls impermeable to the passage of water and with structural components having the capability of resisting hydrostatis and hydrostatic and hydrodynamic loads and effects of frequency certified by a professional engineer or architect.
      5.   For purposes of this section of the Ordinance, "Substantial Improvement" means any repair, reconstruction, or improvement which occurs as a result of damage to the structure the cost of which equals or exceeds fifty percent (50%) of the actual market value of the structure before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences.
      6.   All utilities constructed to serve structures which are to be located within the floodplain shall be flood protected at a minimum to the elevation of the 100 year flood level.
      7.   All construction or modification of building and structures including flood proofing measures and techniques in the floodplain area, as required within this section of the Ordinance, shall be in accordance with the applicable design standards of the U.S. Army Corps of Engineers' publication, entitled "Flood Proofing Regulations", June, 1972 GPO 19730 505 026 Edition, or as amended, and the following requirements:
         a.   All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
         b.   All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
         c.   All new construction or substantial improvements shall be construed as constructed by methods and practices that minimize flood damage.
         d.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
         e.   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems' discharges from the systems into floodwaters.
         f.   On site waste disposal systems, where permitted, shall be located to avoid impairment to them or contamination from them during flooding.
      8.   Any existing structure or use which is located within the floodplain and which does not conform to the requirements herein shall be nonconforming and subject to the requirements of Section 9.12 of this Ordinance, providing, however, any existing permitted use and structure may be modified, altered, or repaired to incorporate flood proofing measures, where such measures do not raise the level of the 100 year flood.
      9.   All land designated "Flood Protection Control Area" on the Official Zoning Map, but determined to be above the elevation of the 100 year flood level may be used for any purpose for which it is zoned without further flood protection controls.
      10.   A survey of the site in question will be required prior to the issuance of any zoning and/or building permit or construction activity that would alter the site in any manner, to establish the existing elevation of the land.
      11.   After completion of the 1st floor elevation, as provided in Subsection (4) of this section, a certified copy of said lowest elevation shall be provided to and maintained in the offices of the Zoning Administrator  Building Official.
      12.   A site plan, as regulated by Section 9.19 of this Ordinance, shall be required for any land below the elevation of the 100 year flood level.
 
TABLE 2
OHIO RIVER
Distance River Mile (1)
Station of Point (2)
Elevation 100 Year Flood
Width of Floodway (3)
470.0
A
498.5
1,500
469.5
B
498.5
1,400
LICKING RIVER
.10
A
498.3
202
.25
B
498.6
233
.50
C
498.6
147
.75
D
499.1
118
1.00
E
499.7
209
(1)   As measured from the confluence of the Ohio River and the Monogahela River (Pittsburgh).
(2)   Coincides with river cross sections identified on the zoning map.
(3)   As measured in feet from the Newport Corporation Limits.
(4)   As measured from the confluence of the Ohio River and the Licking River.
 
TABLE 3
WOODLAWN CREEK
Distance River Mile (1)
Station Point (2)
Elevation of 100 Year Flood
Width of Floodway
.09
A
498.6
200 (3)
.36
B
498.6
480 (3)
.55
C
501.4
460 (3)
.70
D
501.4
550/30 (4)
.81
E
515.4
350 (3)
.95
F
516.7
280 (5)
1.12
G
516.8
40 (3)
1.38
H
518.8
100 (5)
WOODLAWN TRIBUTARY 2
.70
A
516.9
350
2.10
B
517.0
300
3.50
C
517.3
360
(1)   Miles above confluence with Ohio River.
(2)   Coincides with river cross sections identified on the zoning map.
(3)   As measured in feet from the Newport Corporation Limits.
(4)   Width of the left portion of the channel (looking upstream) within corporate limits/width of the right portion of the channel (looking upstream) within corporate limits.
(5)   Total width in feet.