Loading...
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions; however, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 2005-04, passed 6-28-2005)
In the interpretation and application of this chapter, all provisions shall be:
(A) Considered minimum requirements;
(B) Liberally construed in favor of the governing body; and
(C) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 2005-04, passed 6-28-2005)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the City Council, any officer or employee, the commonwealth, the Federal Insurance Administration, or the Federal Emergency Management Agency, thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 2005-04, passed 6-28-2005)
(A) Civil offense. If, at any time, development occurs which is not in accordance with the provisions of this chapter, including obtaining or complying with the terms and conditions of a floodplain construction permit and any approved modifications, such development shall constitute a civil offense.
(B) Notice of violation.
(1) If, at any time, a duly authorized employee or agent of the Floodplain Administrator has reasonable cause to believe that a person has caused development to occur which is not in accordance with the provisions of this chapter, including obtaining or complying with the terms and conditions of a floodplain construction permit and any approved modifications thereof, a duly authorized employee of the Floodplain Administrator shall issue a notice to the person responsible for the violation and/or the property owner, stating the facts of the offense or violation, the section of this chapter and/or of the permit violated, when it occurred, how the violation is to be remedied to bring the development into conformity with this chapter or with the approved permit, and within what period of time the remedy is to occur, which period of time shall be reasonable and shall be determined by the nature of the violation, and whether or not it creates a nuisance or hazard.
(2) The remedy may include an order to stop work on the development. The notice shall also state that a citation may be forthcoming in the event that the requested remedies and corrective actions are not taken, which citation will request a civil monetary fine, and shall state the maximum fine which could be imposed. See below.
(C) Notice of citation; notice of violation.
(1) If, at any time, a duly authorized employee or agent of the floodplain Administrator has reasonable cause to believe that a person has caused development to occur which is not in accordance with the provisions of this chapter, including obtaining or complying with the terms and conditions of a floodplain construction permit and any approved modifications thereof, a duly authorized employee of the Floodplain Administrator may issue a citation to the offender stating the violation, prior notices of violation issued, how the violation is to be remedied to bring the development into conformity with this chapter or with the approved permit, and with what period of time the remedy is to occur, and what penalty or penalties are recommended.
(2) When a citation is issued, the person to whom the citation is issued shall respond to the citation within seven days of the date the citation is issued by either carrying out the remedies and corrections set forth in the citation, paying the civil fine set forth in the citation or requesting a hearing before the Code Enforcement Board. If the person to whom the citation is issued does not respond to the citation within development permit seven days, that person shall be deemed to have waived the right to a hearing and the determination that a violation occurred shall be considered final.
(Ord. 2005-04, passed 6-28-2005)
(A) Nature of variance.
(1) The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants or the property owners.
(2) It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level is so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
(B) Designation of Appeal Board. The Planning and Zoning Board of Adjustment is hereby designated as the Appeal Board for the purposes of this chapter.
(C) Duties of Variance and Appeals Board.
(1) The Appeal Board shall hear and decide requests for variances from the requirements of this chapter and appeals of decisions or determinations made by the Floodplain Administrator in the enforcement or administration of this chapter.
(2) Any persons aggrieved by the decision of the Appeal Board or any taxpayer may appeal such decision to the County District Court in the same manner as provided for in § 2.48.030.
(D) Appeals/variance procedures. In passing upon such applications, the Appeal Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and the:
(1) Danger that materials may be swept onto other lands to the injury of others;
(2) Danger to life and property due to flooding or erosion damage;
(3) Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;
(4) Importance to the community of the services provided by the proposed facility;
(5) Necessity that the facility be located on a waterfront, in the case of fractionally dependent facility;
(6) Availability of alternative locations which are not subject to flooding or erosion damage;
(7) Compatibility of the proposed use with existing and anticipated development;
(8) Relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
(9) Safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) Expected height, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(11) Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges.
(E) Conditions of variance. Upon consideration of the factors listed above and the purposes of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(1) (a) Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of §§ 15.08.200 through 15.08.260 and 15.08.300 through 15.08.320 have been fully considered.
(b) As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(2) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
(3) (a) Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief considering the flood hazard.
MINIMUM NECESSARY means to afford relief with a minimum of deviation from the requirements of this chapter.
(b) For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance.
(4) (a) Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief considering the flood hazard.
(b) In the instance of an historical structure, a determination shall be made that the variance is the minimum necessary to afford relief and not destroy the historic character and design of the structure.
(5) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant (as defined in this chapter); and
(c) A determination that the granting of a variance will not result in increased flood height, additional threats to public safety, cause extraordinary public expense, create nuisance (as defined in § 15.08.050 under “public safety and nuisance”), cause fraud or victimization of the public (as defined in the definition section), or conflict with existing local laws or ordinances.
(6) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(7) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency (FEMA) and the Federal Insurance Administration (FIA) upon request.
(8) Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use, provided, that the provisions of divisions (A) through (D) above and this division (E) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
(F) Variance notification. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
(1) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage;
(2) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator at the office of the County Clerk and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land; and
(3) The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in the community’s biennial report submission to the Federal Emergency Management Agency.
(G) Historic structures. Variances may be issued for the repair or rehabilitation of “historic structures” (see definition in § 15.08.050) upon determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(H) No impact certification within the floodway. Variances shall not be issued within any mapped or designated floodway if any increase in flood levels during the base flood discharge would result.
(Ord. 2005-04, passed 6-28-2005)
(A) Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with granting of a variance or special exceptions, shall constitute a misdemeanor civil offense. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no less than $100, nor more than $250 and shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
(B) Nothing herein contained shall prevent the Floodplain Administrator from taking such other lawful action as is necessary to prevent or remedy any violation. Violations shall be handled procedurally pursuant to, and under the authority of § 2.48.030 pertaining to the establishment of a Code Enforcement Board. Jurisdiction for enforcement of the provisions of this chapter is hereby specifically granted to the
(Ord. 2005-04, passed 6-28-2005)
PROVISIONS FOR FLOOD HAZARD REDUCTION
In all special flood hazard areas, the following provisions are required:
(A) All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(B) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces;
(C) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;
(D) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage;
(E) Electrical, heating, ventilation, plumbing, air condition 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) Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures;
(G) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(H) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;
(I) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;
(J) Any alteration, repair, reconstruction, or improvements to a structure, which is not in compliance with the provisions of this chapter shall meet the requirements of new construction as contained in this chapter; and
(K) Any alteration, repair, reconstruction, or improvements to a structure, which is not in compliance with the provisions of this chapter, shall be undertaken only if said nonconformity is not furthered, extended or replaced.
(Ord. 2005-04, passed 6-28-2005)
In all special flood hazard areas where base flood elevation data have been provided, as set forth in § 15.08.070, the following provisions are required.
(A) Residential construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of division (C) below.
(1) In an AO Zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified. (The commonwealth recommends that the lowest floor be elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one foot, or elevated at least three feet above the highest adjacent grade if no depth number is specified.)
(2) (a) In an A Zone, where no technical data has been produced by the Federal Emergency Management Agency, elevated one foot above the base flood elevation, as determined by this community. (The commonwealth recommends the lowest floor be elevated at least one foot above the base flood elevation.) The Floodplain Administrator will determine the method by which base flood elevations are determined.
(b) Methods include, but are not limited to, detailed hydrologic and hydraulic analyses, use of existing data available from other sources, use of historical data, best supportable and reasonable judgment in the event no data can be produced. Title 401 KAR Ch. 4, Regulation 060, § 5(5)a, states as a part of the technical requirements for a state floodplain permit: the applicant shall provide cross sections for determining floodway boundaries (and their base flood elevations) at any proposed construction site where FEMA maps are not available. All cross sections shall be referenced to mean sea level and shall have vertical error tolerances of no more than + five-tenths (0.5) foot.
(c) Cross-section elevations shall be taken at those points which represent significant breaks in slope and at points where hydraulic characteristics of the base floodplain change. Each cross section shall extend across the entire base floodplain and shall be in the number and at the locations specified by the Cabinet. If necessary to ensure that significant flood damage will not occur, the Cabinet may require additional cross sections or specific site elevations which extend beyond those needed for making routine regulatory floodway boundary calculations.
(3) (a) In all other zones, elevated one foot above the base flood elevation. (The commonwealth recommends the lowest floor be elevated at least one foot above the base flood elevation.)
(b) Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor and verified by the community building inspection department to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
(B) Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential structure (including manufactures homes used for nonresidential purposes) shall be elevated to conform with division (A) above or together with attendant utility and sanitary facilities:
(1) Be flood-proofed below an elevation one foot above the level of the base flood elevation so that the structure is water-tight with walls substantially impermeable to the passage of water;
(2) Have structural components capable of resisting hydrostatic and hydro-dynamic loads and effects of buoyancy;
(3) Have the lowest floor, including basement, one foot above the level of the base flood elevation;
(4) A registered professional engineer or architect shall certify that the standards of this division (B) are satisfied. Such certification shall be provided to the official as set forth in § 15.08.310(B)(1)(c);
(5) Manufactured homes shall meet the standards in division (D) below; and
(6) (a) All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access, or storage, and which are subject to flooding, shall be constructed of flood-resistant materials below an elevation of one foot above the base flood elevation, and, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater.
(b) Opening sizes (FEMA Technical Bulletin 1-93) for meeting this requirement must meet or exceed the following minimum criteria:
1. Be certified by a registered professional engineer or architect; and
2. Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater.
(C) Elevated structures. New construction or substantial improvements of elevated structures on columns, posts, or pilings 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 wall.
(1) Opening sizes for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:
(a) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
(b) The bottom of all openings shall be no higher than one foot above foundation interior grade (which must be equal to in elevation or higher than the exterior foundation grade); and
(c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
(2) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).
(3) The interior portion of such enclosed areas shall not be partitioned or finished into separate rooms.
(4) The total floor area of all such enclosed areas shall not exceed 300 square feet.
(5) For enclosures greater than development permit seven feet in interior height, where elevation requirements exceed six feet above the highest adjacent grade, a copy of the legally recorded deed restriction prohibiting the conversion of the area below the lowest floor to a use or dimension contrary to the structures’ originally approved design, shall be presented as a condition of issue of the final certificate of occupancy.
(D) Standards for manufactured homes and recreational vehicles.
(1) (a) All new or substantially improved manufactured homes placed on sites located within A, A1-30, AO, AH, and AE on the community’s flood insurance rate map (FIRM) must meet all the requirements for new construction, including elevation and anchoring.
(b) Locations include:
1. On individual lots or parcels;
2. In expansions to existing manufactured home parks or subdivisions;
3. In new manufactured home parks or subdivisions;
4. In substantially improved manufactured home parks or subdivisions;
5. Outside of a manufactured home park or subdivision; or
6. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as the result of a flood.
(c) All manufactured homes must be:
1. Elevated on a permanent foundation;
2. Have its lowest floor elevated no lower than one foot above the level of the base flood elevation, (the commonwealth recommends at least one foot above the base flood elevation); and
3. Be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(2) (a) Excepting manufactured homes that have incurred substantial damage as a result of a flood, all manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that:
(b) The manufactured home is securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, so that either the:
1. The lowest floor of the manufactured home is elevated no lower than one foot above the level of the base flood elevation; or
2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength, of no less than 36 inches in height above the highest adjacent grade.
(3) (a) All recreational vehicles placed on sites located within A, A1-30, AO, AH, and AE on the community’s flood insurance rate map (FIRM) must either:
1. Be on the site for fewer than 180 consecutive days;
2. Be fully licensed and ready for highways use; or
3. Meet the permit requirements for new construction of this chapter, including anchoring and elevation requirements for manufactured home.
(b) A recreational vehicle is ready for highway use if it is licensed and insured in accordance with the commonwealth’s motor vehicle regulations, is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
(E) Floodways.
(1) Located within areas of special flood hazard established in § 15.08.070, are areas designated as floodways.
(2) Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and has erosion potential, the following provisions shall apply:
(1) Prohibit encroachments, including fill, new construction, substantial improvements, and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in the base flood elevation levels during occurrence of base flood discharge; and
(2) If this section is satisfied, all new construction and substantial improvements, and other proposed new development shall comply with all applicable flood hazard reduction provisions of this subchapter.
(F) Standards for utilities.
(1) All new and replacement water supply and sanitary sewage systems shall be designated to minimize or eliminate:
(a) Infiltration of floodwaters into the system; and
(b) Discharge from the systems into floodwaters.
(2) On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.
(G) Structures elevated on fill. A residential or nonresidential structure may be constructed on permanent fill in accordance with the following.
(1) The lowest floor (including basement) of the structure or addition shall be no lower than one foot above the base flood elevation.
(2) The fill shall be placed in layers no greater than one foot deep before compacting and should extend at least ten feet beyond the foundation of the structure before sloping below the base flood elevation, said slope being no greater than a two-to-one ratio unless a stability analysis is provided by a registered professional engineer.
(3) The top of the fill shall be no lower than one foot above the base flood elevation; however, the ten-foot minimum may be waived if a structural engineer certifies an alternative method to protect the structure from damage due to erosion, scour, and other hydrodynamic forces.
(4) The fill shall not adversely affect the flow or surface drainage from or onto neighboring properties.
(5) (a) All new structures built on fill must be constructed on properly designed and compacted fill (ASTM D-698 or equivalent) that extends beyond the building walls before dropping below the base flood elevation and has appropriate protection from erosion and scour.
(b) The design of the fill or the fill standard must be approved by a licensed professional engineer.
(6) If the community adopts and enforces the soil testing and compaction requirements set forth by the Standard, Uniform, or National Building Codes or the International Residential and Building Codes, it may qualify for additional CRS credit.
(Ord. 2005-04, passed 6-28-2005)
Located within the special flood hazard areas established in § 15.08.070, where streams exist but where no base flood data has been provided, or where base flood data has been provided without floodways, the following provisions apply.
(A) No encroachments, including fill material or structures shall be located within special flood hazard areas, unless certification by a registered professional engineer is provided demonstrating 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 foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.
(B) New construction or substantial improvements of structures shall be elevated or flood-proofed to elevations established in accordance with § 15.08.070.
(Ord. 2005-04, passed 6-28-2005)
(A) Located within the special flood hazard areas established in § 15.08.070, are areas designated as shallow flooding areas.
(B) These areas have flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and the water path of flooding is unpredictable and determinate; therefor, the following provisions apply.
(1) (a) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above either the base flood elevation or in Zone AO the flood depth specified on the flood insurance rate map above the highest adjacent grade.
(b) In Zone AO, if no flood depth is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade.
(2) All new construction and substantial improvements of nonresidential structures shall:
(a) Have the lowest floor, including basement, elevated to or above either the base flood elevation or in Zone AO the flood depth specified on the flood insurance rate map, above the highest adjacent grade. In Zone AO, if no flood depth is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade; and
(b) Together with attendant utility and sanitary facilities be completely flood-proofed either to the base flood elevation or above or, in Zone AO, to or above the specified flood depth, plus a minimum of one foot so that any space below that level is water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as stated in § 15.08.210(B).
(Ord. 2005-04, passed 6-28-2005)
Loading...