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HomeMy WebLinkAbout80-3-1876539 ORDINANCE NO. 80-3-1876 AN ORDINANCE CREATING CHAPTER 122 TO THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY,_ TO PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE AND TO. MINIMIZE PUBLIC AND PRIVATE LOSSES DUE TO FLOOD. CONDITIONS IN SPECIFIC AREAS, AND PROVIDING PENALTIES FOR VIOLATION OF THE TERMS OF THIS ORDINANCE WHEREAS, the Legislature : of -the State of Kentucky, has in KRS ' 84.210 and KRS 89.400 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry, and WHEREAS, the flood hazard areas of the City of Paducah are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and WHEREAS, these flood losses are caused by the cumulative effect of obstructions in flood plains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood -proofed, or otherwise protected from flood damages. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That in order to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas, the City of Paducah proposes to: (1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses be protected against flood damage at the time of initial construction; (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accom- modation of flood waters; (4) Control filling, grading, dredging and other development which may increase erosion or flood damage; and (5) ' prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. SECTION 2. The objectives of this ordinance are: -(1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control proj ects; (3) To minimize the need for rescue and relief efforts associated with 540 flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities -such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains; (6) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; and, (7) To insure that potential home buyers are notified that property is in a flood area . SECTION 3. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Appeal" means a request for a review of the Building and Electrical Inspector's interpretation of any provision of this ordinance or a request for a variance. "Area of special flood hazard" is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Development" means any man-made change to improve or unimprove real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. "Existing mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of,concrete pads, and the construction of streets) is completed before the effective date of this ordinance. "Expansion to an - existing mobile , home park, -or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to - be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets) . "Flood" or "flooding" means -a general andtemporary condition of partial or complete inundation of normally dry land areas: from: (1) The overflow of inland waters; (2) The unusual and rapid accumulation or- runoff of surface waters from any source. "Flood Hazard Boundary Map (FHBM)" means an official map of a com- 541 munity, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazard have been designated as Zone A . "Flood Insurance Rate Map (FIRM)" means an official map of a com- munity, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the com- munity. "Flood Insurance Study" is the official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the Flood Hazard Boundary-Floodway Map and the water surface elevation of the base flood. "Floodway" means 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 one foot. "Habitable floor" means any floor usable for living purposes, which in- cludes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor". "Mobile home" means a structure, 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. It does not include recreational vehicles or travel trailers. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "New mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance. "Start of construction" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction, does not 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 sheas not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a 542 mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. "Structure" means a walled and roofed building that is principally above ground, as well as a mobile home. "Substantial improvement" means, for a structure built prior to the en- actment of this ordinance, any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the pur- poses of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improve- ment of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" is a grant of relief to a person from the requirements of this ordinance which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship. SECTION 4. This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Paducah. SECTION 5. The areas of special flood hazards identified by the Federal Insurance Administration in its Flood Hazard Boundary Map (FHBM) , #210152, dated April 15, 1980 and applicable portions of McCracken County Flood Hazard Boundary Map #210151, dated June 4, 1980, and any revisions thereto are adopted by reference and declared to be ,a part 'of` this ordinance; or the areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitled "The Flood Insurance Study for the City of Paducah", dated October, 1979, or the "Flood Insurance Study of McCracken County" dated December, 1979, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this ordinance. 543 SECTION 6. A Development Permit shall be required in conformance with the provisions of this ordinance. SECTION 7. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this ordinance and other, applicable regulations. SECTION 8. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions- ' shall prevail SECTION 9. In the interpretation and application of this ordinance all provisions shall be: (1) considered as minimum requirements; (2) liberally con- strued in favor of the governing body; and, (3) deemed neither to limit nor repeal any other powers granted under state statutes. SECTION 10. The- degree of flood protection required by this ordinance 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 man-made or natural causes. This ordinance 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 damages. This ordinance shall not create liability on the part of the .City_ of Paducah or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made- thereunder-. -SECTION: 11: Violation of the provisions of -this ordinance or failure to comply with any -;of: its- requirements,- including- violation of conditions and safe- guards established inconnection with. grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than ninety (90) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Paducah from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 12. The Building and .Electrical --Inspector -and the City Engineer are to administer, and implement the !provisions of this ordinance. - _ SECTION 13. The duties and responsibilities of the building and electrical inspector and the .city engineer are. delineated as -follows: 1. Duties of the building and electrical inspector shall include but not be limited to: 544 (a) Review of all development permits to assure that the permit requirements of this ordinance have been satisfied. (b) Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit. (c) Verify and record the actual elevation (in relation to mean sea level) of the lowest= floor '(including basement) of all new or substantially improved structures. (d) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been -flood-proofed. (e) When flood -proofing is utilized for a particular structure, the building and electrical inspector -shall obtain certification from a registered professional engineer or architect. (f) When base flood elevation data has not been provided in accordance -with Section- 5, then the 'building and electrical inspector shall obtain, review, and reasonably utilize any base flood elevation data available -from a federal, state or other source, in order to administer the provisions of Sections 16, 17, and 18. (g)- All records pertaining to the provisions of this" ordinance shall be maintained in the office of the building and electrical --inspector` and' shallbe-- open for public inspection. 2.' Duties" of the city engineer shall include but not be limited -to: ("a) Notify adjacenti communities -'and the Kentixcky Department for Natural Resources and Environmental Protection, Division of Water Resources prior Lto any alteration or relocation of ` a watercourse, and submit evidence of such notification to the Federal 'Insurance Administration. (b) "Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying -capacity is not diminished (c) Where interpretation is needed' `as to "the exact- location of the boundries of the areas of special flood hazard (for example, where there' appears to' be a conflict between a mapped boundary and actual flood conditions) the city engineer- shall -make--:the a necessary interpretation; The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this ordinance. SECTION 14. The procedures for obtaining Development Permits shall be made to the building and electrical inspector on forms furnished by him and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill storage of materials; drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Elevation in relation to mean sea level of the lowest floor (including basement) of all` strtzettzres`. (2) Elevation in `relation to mean' -sea -level to -which any non-residential structure has been flood -proofed. (3) Provide a certificate from a registered professional engineer or architect that the' non-residential flood -proofed structure meets the flood -proofing criteria in Section 17 (2) . 545 (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. SECTION 15. The procedures for obtaining a variance shall be as follows: (1) The Building Code Appeals Board, as established by the City of Paducah, shall hear and decide appeals and requests for variances from the requirements of this ordinance. (2) The Building Code.. Appeals Board shall hear and decide appeals when it is alleged there is 'an error in any requirement, decision, or determination made by the building and electrical inspector or the city engineer in. -the enforcement --or administration of this ordinance. (3) Any person aggrieved by the decision of the Building Code Appeals :Board or any taxpayer. ;may appeal. -such decision to the McCracken County Circuit Court, as provided in KRS 23A.010. (4) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or, the State Inventory- of Historic Places without regard to the procedures set forth, -in.- the: remainder of ' this section. (5) Im passing upon,such applications_; the -Building Code Appeals Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due to flooding or erosion damage; - (c) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;;­- (d) owner;;-(d) the importance of the services provided by the proposed facility to _the -community; (e) the necessity to the facility of a waterfront location, where applicable; (f) the availability of -alternative'- locations-, not subject to flooding or erosion damage, for the proposed use; (g) the compatability of the proposed use with existing and anticipated development; (h) the relationship of the. `proposed _use to the comprehensive plan and flood plain -management .program for that area; (i) the -safety of access to the property in times .of flood for ordinary and emergency vehicles;. (j) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable; expected at the site; and, (k) the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems,_ and .streets and bridges. 1. Generally, variances may be issued for new construction and substantial improvements 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 items .(a - k) have =been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (6) Upon consideration of the factors listed above and the purposes of this ordinance, the Building Code Appeals Board may attach such 546 conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (7) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (8) Conditions for Variances: (a) Variances shall only be issued upon a determination that the variance _is 't -he minimum • necessary; considering the flood hazard, afford relief. (b) Variances shall only" be issued upon (i) a showing of good and sufficient cause; (ii) a determination, that failure to grant the variance would result in exceptional hardship to the applicant; and; (iii)1:a determination that the granting of a variance -will not result in increased flood heights, additional threats to public safety; extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict -with existing local laws_ or ordinances. (c) .. 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. (d) The building and electrical inspector shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. SECTION 16. In all areas of special flood hazard the following provisions are required: (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (2) All new construction and substantial improvements shall be con- structed with materials and utility equipment resistant to flood :damage. (3) All new construction or substantial improvements shall be con- structed by methods and practices that minimize flood damage . (4) All new and replacement water supply systems shall be designed to minimize °or- eliminate infiltration of --flood waters into the system. (5) New and replacement sanitary sewage systems shall be designed to minimize or eliminate- infiltration of flood waters into the systems and discharges from -the systems intoe flood waters. (6) ` On-site waste disposal systems shall be located to avoid impairment to them or contamination from them- udring flooding. (7) Any alteration; repair, reconstruction, or improvements to a - structure on which the start of construction was begun after the effective date of this ordinance, shall meet the requirements of "new construction" as contained in this ordinance. SECTION 17. -In all areas_ of special -flood- hazard where base flood elevation date has been provided ,as -set forth in Sections 5 and 13-1(f) , the following pro- visions are-required::- (1) re-required: (1) Residential:- Construction,-- New construction or substantial improve- ment of any residential structure shall have the lowest floor, in- cluding basement, elevated -to or--above-base flood elevation. 547 (2) Non-residential Construction - New construction or substantial im- provement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be flood -proofed so that below the base flood level the structure is'. water tight with walls substantially impermeable to the passage of water and with structural components having -the . capability of resisting hydro- static and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 14. (3) Mobile Homes (a) No mobile home shall be placed in a floodway, except in an existing mobile home park or existing mobile home subdivision. (b) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over -the -top and frame ties to groixnd anchors. Specific requirements shall be that: (i) over -the -top ties be provided at each end of the mobile home, -. with one additional tie per side at an inter- mediate location on mobile homes of less than fifty feet and one- additional tie per side for mobile homes of fifty feet or more. (ii) frame ties be provided at each corner of the home with four additional ties per side at intermediate points for mobile homes less than fifty feet long and one additional tie for mobile homes of fifty feet or longer; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (iv) any additions to the mobile home be similarly anchored. (c) For new mobile home parks and subdivisions; for expansions to existing mobile home parks and subdivisions;' for existing mobile home parks and subdivisions where the repair, recon- struction or improvements of the streets, utilities and pads equal or exceeds fifty percent of value of the streets, utilities and- pads before the repair;.- reconstruction or improvement has commenced; and, for mobile homes not placed in a mobile home park or subdivision require: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; (ii) adequate surface drainage and access for a hauler are provided; and, (iii) in the instance of elevation on pilings: (1) lots are large enough to permit steps; (2) piling foundations are placed in stable soil no more than ten feet apart; and, (3) reinforcement is provided for pilings more than six feet above the ground level. (4) Floodways - located within areas of special flood hazard established in Section 5 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (a) Prohibit encroachments, including fill, new construction, sub- stantial improvements and other developments unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. 548 (b) If Section 17 (4) (a) -is satisfied, all new construction and sub- stantial_ improvements shall comply with all applicable flood hazard reduction -provisions- of Section 17. -(c) Prohibit, the=,placement of any mobile.- homes, ( except in an existing mobile home park or, existing mobile home subdivision. SECTION 18. -.Standards. for subdivision proposals shall be as follows: (1) All subdivision proposals shall be..consistent with -.the need to minimize flood damage. (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (3) All. subdivision- proposals shall have adequate drainage provided to reduce exposure to flood hazards. (4) _ Base flood elevation -data- shall; -be- provided.- for subdivision proposals and other proposed -development which is :greater than the lesser of fifty lots or five acres. SECTION 19. This ordinance shall be introduced and remain on file for one week for public inspection in the completed form -in which it shall be put upon its final passage, and if adopted shall be in full force and effect ten (10) days thereafter. r Mayor Introduced by the .Board of, Commissioners February 26, 1980 Passed ,=by, the Board of Commissioners March 11,-1980 Recorded by Louise McKinney, City Clerk, March 11, 1980.