§ 156.113 OVERLAY ZONING DISTRICT.
   (A)   It is the intent of this section to provide for Flood Hazard Districts, Historic Districts, Airport Hazard Districts, and Special Appearance Districts which shall overlay zoning districts enumerated in § 156.090 and which shall provide for special review of development within such Overlay Districts in accord with the intents, procedures, and standards established for the underlying districts.
   (B)   Flood Hazard District. For the purposes of this chapter, land subject to flood shall be considered land below the one hundred (100) year flood boundary elevations as is shown on Floodway: Flood Boundary and Floodway Map, City of Pike, Kentucky, Pike County; Community Panels: 210193 0001, 210193 0002, 210193 0003, published by the Federal Emergency Management Agency and dated September 5, 1984, and which is made part of this chapter.
   (C)   Floodway. The floodway as shown on the Community Panels is established to meet the needs of the Levisa Fork of the Big Sandy River to carry abnormal flows of water in time of flood. To prevent encroachments into the floodway which will unduly increase flood heights and damage and to prevent the loss of life and excessive damage to property in the area of the greatest flood hazard the following regulations shall apply. The following uses are permitted within the floodway subject to the approval of the Planning Commission and to such conditions as the Planning Commission may specify to protect the public interest, and which do not conflict with uses permitted in the underlying zoning districts.
      (1)   Open type uses, such as loading and unloading areas, parking lots, used car lots, mobile home sales lots, signs and gardens auxiliary to uses permitted in underlying districts,
      (2)   Storage yards for equipment and material not subject to major damage by floods, provided such use is auxiliary to uses permitted in the underlying districts and the materials do not include flammables such as gasoline.
      (3)   Open type public and private recreation facilities such as public parks, golf courses, driving ranges, drive-in theatres, and amphitheaters.
      (4)   Circus, carnival, and similar transient amusement enterprises.
      (5)   Agricultural uses.
      (6)   Utilities, road and railroad bridges, electric and other transmission lines.
      (7)   Any other use customarily accessory or incidental to the above uses.
   (D)   Floodway Fringe. Areas lying outside the floodway but within the area below the one hundred (100) year flood elevation, shall be subject to the following regulations:
      (1)   No building or structure shall be erected, and no existing building or structure shall be extended or moved unless the main floor of solid structure is placed above the
elevation of the one hundred (100) year flood boundary. No living space shall be below the one hundred (100) year flood elevation.
      (2)   Foundations of all structures shall be designed to withstand flood conditions at the site.
      (3)   Land may be filled within the floodway fringe provided such fill areas extend twenty-five (25) feet beyond the limits of any structure erected thereon.
      (4)   Any structure proposed to be located outside the Flood Hazard District but within one hundred (100) feet of any main drainage channel or stream within the city’s jurisdiction must be approved by the City Engineer. The City Engineer shall determine, on the basis of the area of the water shed and the probable sum of the openings needed for the stream, the size of needed retention reservoirs or how close a structure may be built to the stream in order to assure adequate space for the flow of flood water.
   (E)   Approval of the Planning Commission. No permit shall be issued for the construction of any building for any use within the floodway until the plans for such construction or use have been submitted to the Planning Commission and approval is given in writing for such construction or use. The Planning Commission may make its approval subject to such conditions necessary to carry out the purpose of the Flood Hazard District. In its review of plans submitted, the Planning Commission shall be guided by the following standards, keeping in mind that the purpose of the floodplain is to prevent encroachment into the floodway which will unduly increase flood heights and endanger life and property.
      (1)   Any use permitted shall be a type not appreciably damaged by floodwaters, provided no structures for human habitation shall be permitted.
      (2)   No filling of land shall be permitted, except where express permission is granted by the Planning Commission.
      (3)   Any structure permitted shall be designed, constructed, and placed on the lot so as to offer the minimum obstruction to the flow of water.
      (4)   Any structure permitted shall be firmly anchored to prevent the structure from floating away and thus threatening to further restrict bridge openings and other restricted sections of the stream.
      (5)   Where, in the opinion of the Planning Commission, topographic data, engineering, and other studies are needed to determine the effects of flooding on a proposed structure or the effects of the structure on the flow of water, the Planning Commission may require the applicant to submit such data or other studies prepared by competent technical specialists.
      (6)   The granting of approval of any structure or use shall not constitute a representation, guarantee, or warranty of any kind or nature by the city, the Planning Commission, or any city official or staff member of either the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer, or employee for any damage that may result pursuant to the granting of approval.
      (7)   All construction in the identified flood hazard area shall in all aspects be in compliance with the city floodplain regulations as contained in Chapter 152.
(Ord. passed 1-27-87) Penalty, see § 156.999