HomeMy WebLinkAbout2011-10-7871FLOOD DAMAGE PREVENTION
ORDINANCE
THE CITY OF PADUCAH, KENTUCKY
REVISIONS MADE TO THE ORDINANCE ORIGINALLY PRESENTED
TO THE BOARD OF COMMISSIONERS
ON OCTOBER 11, 2011
EFFECTIVE DATE
NOVEMBER 2, 2011
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ORDINANCE NO. 2011-10-7871
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY
ABOLISHING ARTICLE II, FLOOD DAMAGE PREVENTION OF CHAPTER 50,
FLOODS AND RE-CREATING ARTICLE II OF CHAPTER 50, FLOODS OF THE
CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY,
ADOPTING THE REVISED FLOOD INSURANCE RATE MAPS (FIRMs) AND
THE FLOOD INSURANCE STUDY (FIS) , AND ADOPT THE SUMMARY OF
MAP ACTIONS THAT DOCUMENT PREVIOUS LETTER OF MAP CHANGES
PREVIOUSLY APPROVED BY FEMA
WHEREAS, the Legislature of the Commonwealth of Kentucky has
in Kentucky Revised Statutes Chapter 100 delegated to local government units
the authority to adopt regulations designed to promote the public health, safety,
and general welfare of its citizenry.
FINDINGS OF FACT:
A. The flood hazard areas of the city of Paducah are subject to
periodic inundation, which result in loss of life and property,
health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax abuse,
all which adversely affect the public health, safety and
general welfare.
B. These flood losses are caused by the cumulative effect of
obstructions in floodplains causing increased flood height
and velocity, and by the location in flood hazard areas f uses
vulnerable to floods or hazardous to other lands which are
inadequately elevated, flood -proofed, or otherwise protected
from flood damage; and
WHEREAS, the City desires to continue to be in compliance with
the National Flood Insurance Program and meet the FEMA Federal and State
requirements; and
WHEREAS, it is necessary to abolish the current ordinance and re-
enact an ordinance for flood damage prevention, which is in compliance with
FEMA Federal and State Requirements; and
WHEREAS, the City adopts the currently revised Flood Insurance
Rate Maps (FIRMs) and the Flood Insurance Study (FIS) as completed by FEMA
on May 2, 2011; and
WHEREAS, the City adopts the Summary of Map Actions that
document previous Letter of Map Changes (LOMCs) actions previously approved
by FEMA that will be superseded with the adoption of this ordinance.
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BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah hereby abolishes Article II,
Flood Damage Prevention of Chapter 50, Floods, of the Code of Ordinances of
the City of Paducah, Kentucky.
SECTION 2. That a new Chapter 50, Article II, Flood Damage
Prevention Ordinance for the City of Paducah, Kentucky, is hereby enacted and
shall read as follows:
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CITY OF PADUCAH, KENTUCKY
FLOOD DAMAGE PREVENTION
ORDINANCE
TABLE OF CONTENTS
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
ARTICLE 7. APPEALS AND VARIANCE PROCEDURES..........................................................24
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OBJECTIVES...........................................................................................................2
SECTION A.
STATUTORY AUTHORIZATION..............................................................................2
SECTION B.
FINDINGS OF FACT.................................................................................................2
SECTION C.
STATEMENT OF PURPOSE...................................................................................2
SECTIOND.
OBJECTIVES............................................................................................................2
ARTICLE 2.
DEFINITIONS...........................................................................................................3
ARTICLE 3.
GENERAL PROVISIONS.........................................................................................13
SECTION A.
LANDS TO WHICH THIS ORDINANCE APPLIES..................................................13
SECTION B.
BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS ................13
SECTION C.
ESTABLISHMENT OF DEVELOPMENT PERMIT...................................................13
SECTIOND.
COMPLIANCE..........................................................................................................13
SECTION E.
ABROGATION AND GREATER RESTRICTIONS...................................................13
SECTION F.
INTERPRETATION...................................................................................................13
SECTION G.
WARNING AND DJSCLAIMER OF LIABILITY..........................................................14
SECTION H.
ENFORCEMENT, VIOLATION NOTICE AND PENALTIES.....................................14
ARTICLE 4.
ADMINISTRATION...................................................................................................15
SECTION A.
DESIGNATION OF LOCAL ADMINISTRATOR.......................................................15
SECTION B.
DUT►ES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR................15
ARTICLE 5.
DEVELOPMENT PERMIT........................................................................................18
SECTION A.
ESTABLISHMENT OF DEVELOPMENT PERMIT...................................................15
ARTICLE 6.
PROVISIONS FOR FLOOD HAZARD REDUCTION..............................................18
SECTION A.
GENERAL CONSTRUCTION STANDARDS...........................................................18
SECTION B
SPECIFIC STANDARDS..........................................................................................19
SECTION C.
STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD
ELEVATION (UNNUMBERED A ZONES) AND/OR FLOODWAYS ........................22
SECTION D.
STANDARDS FOR SHALLOW FLOODING ZONES...............................................22
SECTION E.
STANDARDS FOR SUBDIVISION PROPOSALS....................................................23
SECTION F.
STANDARDS FOR ACCESSORY STRUCTURES IN ALL ZONES BEGINNING
WITHTHE LETTER`A.............................................................................................23
SECTION G
CRITICAL FACILITIES.............................................................................................24
ARTICLE 7. APPEALS AND VARIANCE PROCEDURES..........................................................24
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ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE AND OBJECTIVES
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the Commonwealth of Kentucky has in Kentucky Revised Statutes
Chapter 100 delegated to local government units the authority to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry.
Therefore, the Board of Commissioners of the City of Paducah, Kentucky, hereby adopts
the following floodplain management ordinance, as follows:
SECTION B. FINDINGS OF FACT
1) The flood hazard areas of the City of Paducah are subject to periodic inundation,
which result in loss of life and 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 which adversely
affect the public health, safety, and general welfare.
2) These flood losses are caused by the cumulative effect of obstructions in
floodplains causing increased flood height and velocity, and by the location in
flood hazard areas of uses vulnerable to floods or hazardous to other lands
which are inadequately elevated, flood -proofed, or otherwise protected from flood
damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety, and general
welfare and to minimize public and private loss due to flooding by provisions designed
to:
1) Restrict or prohibit uses which are dangerous to health, safety, and property due
to water erosion hazards, or which result in damaging increases in erosion or in
flood height or velocity;
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 floodplains, stream channels, and natural
protective barriers which accommodate or channel 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
floodwaters or which may increase flood hazards to other areas.
SECTION D. OBJECTIVES
The objectives of this ordinance are to:
1) Protect human life and health;
2) Minimize expenditure of public money for costly flood control projects;
3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4) Minimize prolonged business interruptions;
5) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines; streets and bridges located in areas of
special flood hazard;
6) Help maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard or other flood -prone areas in such a manner as
to minimize future flood blighted areas caused by flooding;
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7) Ensure that potential homebuyers are on notice that property is in a Special
Flood Hazard Area; and
8) Ensure that those who occupy a Special Flood Hazard Area assume
responsibility for their actions.
ARTICLE 2. DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted to give them the meaning they have in common usage and to give this _.
ordinance it's most reasonable application.
A Zone - Portions of the special flood hazard area (SFHA) in which the principle source
of flooding is runoff from rainfall, snowmelt, or a combination of both. In A zones,
floodwaters may move slowly or rapidly, but waves are usually not a significant threat to
structures. Areas of 100 -year flood, base flood elevations and flood hazard factors are
not determined.
Accessory structure (Appurtenant structure) - A structure located on the same parcel
of property as the principle structure, the use of which is incidental to the use of the
principle structure. Accessory structures should constitute a minimal initial investment,
may not be used for human habitation, and should be designed to have minimal flood
damage potential. Examples of accessory structures are detached garages, carports,
storage sheds, pole barns, and hay sheds.
Accessory use - A use which is incidental and subordinate to the principal use of the
parcel of land on which it is located.
Addition (to an existing structure) - Any walled and roofed expansion to the perimeter
of a structure in which the addition is connected by a common load-bearing wall other -
than a firewall. Any walled and roofed addition, which is connected by a firewall or is
separated by independent perimeter load-bearing walls, is new construction. _ --
Al -30 and AE zones - Special Flood Hazard Areas inundated by the 1 % annual chance
flood (100 -year flood. Base flood elevations (BFEs) are determined.
AH zone - An area of 100 -year shallow flooding where depths are between 1 and 3 feet
(usually shallow ponding). Base flood elevations are shown.
AO zone - An area of 100 -year shallow flooding where water depth is between one and
three feet (usually sheet flow on sloping terrain) Flood depths are shown.
Appeal - A request for a review of the Floodplain Administrator's interpretation of any
provision of this ordinance or from the Floodplain Administrator's ruling on a request for
a variance.
AR/A1 — A30, AR/AE, AR/AH, AR/AO, and AR/A zones - Special Flood Hazard Areas
(SFHAs) that result from the de -certification of a previously accredited flood protection
system that is in the process of being restored to provide a 100 -year or greater level of
flood protection. After restoration is complete these areas will still experience residual
flooding from other flooding sources.
A99 zone - That part of the SFHA inundated by the 100 -year flood which is to be y
protected from the 100 -year flood by a Federal flood protection system under -
construction. No base flood elevations are determined.
Area of shallow flooding - A designated AO or AH Zone on a community's Flood
Insurance Rate Map (FIRM) where the base flood depths range from one to three feet,
there is no clearly defined channel, the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
B and X zones (shaded) - Areas of the 0.2% annual chance (500 -year) flood, areas
subject to the 100 -year flood with average depths of less than one foot or with
contributing drainage area less than 1 square mile, and areas protected by levees from
the base flood.
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Base flood - A flood which has a one percent chance of being equaled or exceeded in
any given year (also called the "100 -year flood"). Base flood is the term used throughout
this ordinance.
Base Flood Elevation WIFE) - The elevation shown on the Flood Insurance Rate Map
(FIRM) for Zones AE, AH, Al -30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO
that indicates the water surface elevation resulting from a flood that has a 1 -percent or
greater chance of being equaled or exceeded in any given year.
Basement - That portion of a structure having its floor subgrade (below ground level) on
all four sides.
Building - A walled and roofed structure that is principally aboveground; including a
manufactured home, gas or liquid storage tank, or other man-made facility or
infrastructure. See definition for structure.
C and X (unshaded) zones - Areas determined to be outside the 500 -year floodplain.
Community - A political entity having the authority to adopt and enforce floodplain
ordinances for the area under its jurisdiction.
Community Rating System (CRS) - A program developed by the Federal Insurance
Administration to provide incentives to those communities in the Regular Program to go
beyond the minimum floodplain management requirements to develop extra measures
for protection from flooding.
Community Flood Hazard Area (CFHA) - An area that has been determined by the
Floodplain Administrator (or other delegated, designated, or qualified community
official) from available technical studies, historical information, and other available and
reliable sources, which may be subject to periodic inundation by floodwaters that can
adversely affect the public health, safety and general welfare. Included are areas
downstream from dams.
Critical facility - Any property that, if flooded, would result in severe consequences to
public health and safety or a facility which, if unusable or unreachable because of
flooding, would seriously and adversely affect the health and safety of the public. Critical
facilities include, but are not limited to: housing likely to contain occupants not sufficiently
mobile to avoid injury or death unaided during a flood; schools, nursing homes,
hospitals, police, fire and emergency response installations, vehicle and equipment
storage facilities, emergency operations centers likely to be called upon before, during
and after a flood, public and private utility facilities important to maintaining or restoring
normal services before, during and after a flood, and those facilities or installations which
produce, use or store volatile, flammable, explosive, toxic and/or water -reactive
materials, hazardous materials or hazardous waste.
D zone - An area in which the flood hazard is undetermined.
Development - Any manmade change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavating, drilling operations, or storage of equipment or materials.
Elevated structure - A non -basement structure built to have the lowest floor elevated
above ground level by means of fill, solid foundation perimeter walls, piling, columns
(post and piers), shear walls, or breakaway walls. (See freeboard requirements for
residential and non-residential structures.)
Elevation Certificate - A statement certified by a registered professional engineer or
surveyor on the FEMA -approved form in effect at the time of certification that verifies a
structure's elevation and other related information to verify compliance with this
ordinance.
Emergency Program - The initial phase under which a community participates in the
NFIP, intended to provide a first layer amount of insurance at subsidized rates on all
insurable structures in that community before the effective date of the initial FIRM.
Enclosure - That portion of a structure below the Base Flood Elevation (BFE) used µ
solely for parking of vehicles, limited storage, or access to the structure.
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Encroachment - The physical advance or infringement of uses, plant growth, fill,
excavation, structures, permanent structures or development into a floodplain, which
may impede or alter the flow capacity of a floodplain.
Existing construction - Any structure for which the "start of construction" commenced
before the effective date of the FIRM or before January 1, 1975, for FIRMs effective
before that date. "Existing construction" may also be referred to as "Existing structures".
Existing Manufactured Home Park or Subdivision - A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the first floodplain management
ordinance adopted by the City of Paducah based on specific technical base flood
elevation data which established the area of special flood hazards.
Expansion to an existing Manufactured Home Park or Subdivision - The
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
Five -Hundred Year Flood - The flood that has a 0.2 percent chance of being equaled or
exceeded in any year. Areas subject to the 500 -year flood have a moderate to low risk
of flooding.
Flood, Flooding, or Flood Water:
1) A general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal waters; the unusual and rapid
accumulation or runoff of surface waters from any source; and/or mudslides (i.e.
mudflows). See Mudslides.
2) The condition resulting from flood -related erosion. See flood -related erosion.
Flood Boundary and Floodwav Map (FBFM) - A map on which the Federal
Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has
delineated the areas of flood hazards and the regulatory floodway.
Flood Hazard Boundary Map (FHBM) - A map on which the boundaries of the flood,
mudslide (i.e. mudflow), and flood -related erosion areas having special hazards have
been designated as Zones A, M, and/or E by the Federal Emergency Management
Agency (FEMA) or Federal Insurance Administration (FIA).
Flood Insurance Rate Map (FIRM) - A map on which the Federal Emergency
Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated
special flood hazard areas and risk premium zones.
Flood Insurance Study - The report provided by the Federal Emergency Management
Agency (FEMA) or Federal Insurance Administration (FIA) containing flood profiles, the
Flood Insurance Rate Map (FIRM), and/or the Flood Boundary Floodway Map (FBFM),
and the water surface elevation of the base flood.
Floodplain or flood -prone area - Any land area susceptible to being inundated by flood
waters from any source.
Floodplain Administrator - The individualko appointed by a NFIP participating
community to administer and enforce the floodplain management ordinances.
Floodplain Management - The operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing natural
resources in the floodplain, including but not limited to emergency preparedness plans,
flood control works, floodplain management ordinances, and open space plans.
Floodplain Management Regulations - This ordinance and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances
(such as grading and erosion control), and other applications of police power, which
control development in flood -prone areas. This term describes federal, state and/or local
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regulations, in any combination thereof, which provide standards for the purpose of flood
damage prevention and reduction.
Flood -proofing - Any combination of structural and non-structural additions, changes,
or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitation facilities, structures, and their contents.
Floodproofing Certificate - A certification by a registered professional engineer or
architect, on a FEMA -approved form in effect at the time of certification stating that a
non-residential structure, together with attendant utilities and sanitary facilities is
watertight to a specified design elevation with walls that are substantially impermeable to
the passage of water and all structural components are capable of resisting hydrostatic
and hydrodynamic flood forces, including the effects of buoyancy and anticipated debris
impact forces.
Floodway - 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. Also referred to as the "regulatory
floodway".
Floodwav fringe - That area of the floodplain on either side of the regulatory floodway
where encroachment may be permitted without additional hydraulic and/or hydrologic
analysis.
Freeboard - A factor of safety, usually expressed in feet above the BFE, which is
applied for the purposes of floodplain management. It is used to compensate for the
many unknown factors that could contribute to flood heights greater than those
calculated for the base flood. Freeboard must be applied not just to the elevation of the
lowest floor or floodproofing level, but also to the level of protection provided to all
components of the structure, such as building utilities, HVAC components, etc. in
accordance with all applicable codes, requirements and specifications.
Fraud and victimization - As related in Article 7, Appeals and Variance Procedures,
of this ordinance, means that the variance granted must not cause fraud on or
victimization of the public. In examining this requirement, the City of Paducah will
consider the fact that every newly constructed structure adds to government
responsibilities and remains a part of the community for fifty to one hundred years.
Structures that are permitted to be constructed below the base flood elevation are
subject during all those years to increased risk of damage from floods, while future
owners of the property and the community as a whole are subject to all the costs,
inconvenience, danger, and suffering that those increased flood damages may incur. In
addition, future owners may purchase the property, unaware that it is subject to potential
flood damage, and can be insured only at very high flood insurance rates.
Functionally dependent use facility - A facility, structure, or other development, which
cannot be used for its intended purpose unless it is located or carried out in close
proximity to water. The term includes onl a docking or port facility necessary for the
loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood
processing facilities. The term does not include long-term storage, manufacture, sales,
or service facilities.
Governing body - The City of Paducah being empowered to adopt and implement
ordinances to provide for the public health, safety and general welfare of its citizenry.
Hazard potential - The possible adverse incremental consequences that result from the
release of water or stored contents due to failure of a dam or misoperation of a dam or
appurtenances. The hazard potential classification of a dam does not reflect in any way
the current condition of a dam and its appurtenant structures (e.g., safety, structural
integrity, flood routing capacity).
Hiqhest adjacent grade - The highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure.
Historic Structure - Any structure that is:
a) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
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Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
b) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district.
c) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the
Interior; or
d) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
a) By an approved state program as determined by the Secretary of the
Interior, or
b) Directly by the Secretary of the Interior in states without approved
programs.
Increased Cost of Compliance (ICC) — Increased cost of compliance coverage
provides for the payment of a claim for the cost to comply with State or community
floodplain management laws or ordinances after a direct physical loss by flood. When a
building covered by a Standard Flood Insurance Policy under the NFIP sustains a loss
and the state or community declares the building to be substantially or repetitively
damaged, ICC will help pay up to $30,000 for the cost to elevate, flood -proof, demolish,
or remove the building.
ICC coverage is available on residential and non-residential buildings (this category
includes public or government buildings, such as schools, libraries, and municipal
buildings) insured under the NFIP.
Kentucky Revised Statute 151.250 — Plans for dams, levees, etc to be approved
and permit issued by cabinet — (Environmental and Public Protection Cabinet)
1) Notwithstanding any other provision of law, no person and no city, county or
other political subdivision of the state, including levee districts, drainage districts,
flood control districts or systems, or similar bodies, shall commence the
construction, reconstruction, relocation or improvement of any dam,
embankment, levee, dike, bridge, fill or other obstruction (except those
constructed by the Department of Highways) across or along any stream, or in
the floodway of any stream, unless the plans and specifications for such work
have been submitted by the person or political subdivision responsible for the
construction, reconstruction or improvement and such plans and specifications
have been approved in writing by the cabinet and a permit issued. However, the
cabinet by regulation may exempt those dams, embankments or other
obstructions which are not of such size or type as to require approval by the
cabinet in the interest of safety or retention of water supply.
2) No person, city, county, or other political subdivision of the state shall commence
the filing 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 located adjacent to a river or stream or in the floodway of the stream so
that such filling, raising, or obstruction will in any way affect the flow of water in
the channel or in the floodway of the stream unless plans and specifications for
such work have been submitted to and approved by the cabinet and a permit
issued as required in subsection (1) above.
3) Nothing in this section is intended to give the cabinet any jurisdiction or control
over the construction, reconstruction, improvement, enlargement, maintenance
or operation of any drainage district, ditch or system established for agricultural
purposes, or to require approval of the same except where such obstruction of
the stream or floodway is determined by the cabinet to be a detriment or
hindrance to the beneficial use of water resources in the area, and the person or
political subdivision in control thereof so notified. The Department for Natural
Resources through KRS Chapter 350 shall have exclusive jurisdiction over KRS
Chapter 151 concerning the regulation of dams, levees, embankments, dikes,
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bridges, fills, or other obstructions across or along any stream or in the floodway
of any stream which structures are permitted under KRS Chapter 350 for surface
coal mining operations.
Letter of Map Change (LOMC) — Is an official FEMA determination, by letter, to amend
or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps,
and Flood Insurance Studies. LOMC's include the following categories:
1) Letter of Map Amendment (LOMA) — A revision based on technical data
showing that a property was incorrectly included in a designated SFHA. A
LOMA amends the current effective FIRM and establishes that a specific
property is not located in a SFHA.
2) Letter of Map Revision (LOMR) - A revision based on technical data that,
usually due to manmade changes, shows changes to flood zones, flood
elevations, floodplain and floodway delineations, and planimetric features.
3) Letter of Map Revision — Fill (LOMR F) — A determination that a structure or
parcel has been elevated by properly placed engineered fill above the BFE and
is, therefore, excluded from the SHFA.
Levee - A man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or divert
the flow of water so as to provide protection from temporary flooding.
Levee System - A flood protection system that consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and
operated in accordance with sound engineering practices.
For a levee system to be recognized, the following criteria must be met:
1) All closure devices or mechanical systems for internal drainage, whether
manual or automatic, must be operated in accordance with an officially
adopted operation manual (a copy of which must be provided to FEMA by the
operator when levee or drainage system recognition is being sought or
- revised).
2) All operations must be under the jurisdiction of a Federal or State agency, an
agency created by Federal or State law, or an agency of a community
participating in the NFIP.
Limited storage - An area used for storage and intended to be limited to incidental
items which can withstand exposure to the elements and have low flood damage
potential. Such an area must be of flood resistant material, void of utilities except for
essential lighting, and cannot be temperature controlled.
Lowest adjacent grade - The elevation of the sidewalk, patio, deck support, or
basement entryway immediately next to the structure and after the completion of
construction. It does not include earth that is emplaced for aesthetic or landscape
reasons around a foundation wall. It does include natural ground or properly compacted
fill that comprises a component of a structure's foundation system.
Lowest Floor - The lowest floor of the lowest enclosed area including basement. An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, structure
access, or storage in an area other than a basement area is not considered a structure's
lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the applicable non -elevation design requirements of this ordinance. See
Frpehoard_
Manufactured Home - A structure, transportable in one or more sections, which is built
on a permanent chassis and is designed to be used with or without a permanent
foundation when connected or attached to the required utilities. The term also includes
park trailers, travel trailers, and similar transportable structures placed on a site for 180
consecutive days or longer and intended to be improved property. The term
,'manufactured home" does not include a "recreational vehicle" (see Recreational
Vehicle).
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Manufactured home park or subdivision - A parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Map - The Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map
(FIRM) for a community issued by the Federal Emergency Management Agency
(FEMA).
Map Panel Number - The four -digit number on a flood map, followed by a letter suffix,
assigned by FEMA. The first four digits represent the map panel. The letter suffix
represents the number of times the map panel has been revised. (The letter "A" is not
used by FEMA, the letter "B" is the first revision.)
Market value - The structure value, excluding the land (as agreed between a willing
buyer and seller), as established by what the local real estate market will bear. Market
value can be established by independent certified appraisal, replacement cost
depreciated by age of structure (Actual Cash Value) or adjusted assessed values.
Mean Sea Level (MSL) - The average height of the sea for all stages of the tide. For
the purposes of the National Flood Insurance Program, the MSL is used as a reference
for establishing various elevations within the floodplain as shown on a community's
FIRM. For purposes of this ordinance, the term is synonymous with either National
Geodetic Vertical Datum (NGVD) 1929 or North American Vertical Datum (NAVD) 1988.
Mitigation - Sustained actions taken to reduce or eliminate long-term risk to people and
property from hazards and their effects. The purpose of mitigation is twofold: to protect
people and structures, and to minimize the costs of disaster response and recovery.
Mudslide (i.e. mudflow) - Describes a condition where there is a river, flow, or
inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of
brush cover and the subsequent accumulation of water on the ground, preceded by a
period of unusually heavy or sustained rain. A mudslide (i.e. mudflow) may occur as a
distinct phenomenon while a landslide is in progress, and will be recognized as such by
the Floodplain Administrator only if the mudflow, and not the landslide, is the proximate
cause of damage that occurs.
Mudslide (i.e. mudflow) area management - The operation of and overall program of
corrective and preventative measures for reducing mudslide (i.e. mudflow) damage,
including but not limited to emergency preparedness plans, mudslide control works, and
floodplain management regulations.
Mudslide (i.e. mudflow) prone area - An area with land surfaces and slopes of
unconsolidated material where the history, geology, and climate indicate a potential for
mudflow.
National Flood Insurance Program (NFIP) - The federal program that makes flood
insurance available to owners of property in participating communities nationwide
through the cooperative efforts of the federal government and the private insurance
industry.
National Geodetic Vertical Datum (NGVD) - As corrected in 1929, a vertical control
used as a reference for establishing varying elevations within the floodplain. (Generally
used as the vertical datum on the older FIRM's. Refer to FIRM legend panel for correct
datum.)
New Construction - Structures for which the start of construction commenced on or
after the effective date of this adopted floodplain management ordinance and includes
any subsequent improvements to such structures.
New manufactured home park or subdivision - A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of this adopted floodplain
management ordinance.
Non -Residential — Structures that are not designed for human habitation, including but
is not limited to: small business concerns, churches, schools, farm structures (including
grain bins and silos), pool houses, clubhouses, recreational structures, mercantile -
Page 12 of 31
structures, agricultural and industrial structures, warehouses, and hotels or motels with
normal room rentals for less than 6 months duration.
North American Vertical Datum (NAVD) — As corrected in 1988, a vertical control used
as a reference for establishing varying elevations within the floodplain. (Generally used
on the newer FIRM's and Digitally Referenced FIRM's (DFIRM's). (Refer to FIRM or
DFIRM legend panel for correct datum.)
Obstruction - Includes but is not limited to any dam, wall, embankment, levee, dike,
pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, structure,
�\ wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along,
across or projecting into any watercourse which may alter, impede, retard or change the
direction and/or velocity of the flow of water, due to its location, its propensity to snare or
collect debris carried by the flow of water, or its likelihood of being carried downstream.
One -Hundred Year Flood (100 -Year Flood) (see Base Flood) - The flood that has a 1 -
percent or greater chance of being equaled or exceeded in any given year. Any flood
zone that begins with the letter A is subject to the 100 -year flood. Over the life of a 30 -
year loan, there is a 26 -percent chance of experiencing such a flood with the SFHA.
Participating Community - A community that voluntarily elects to participate in the
NFIP by adopting and enforcing floodplain management regulations that are consistent
with the standards of the NFIP.
Pre -FIRM Construction - Construction or substantial improvement, which started on or
before December 31, 1974, or before the effective date of the initial FIRM of the
community, whichever is later.
Post -FIRM Construction - Construction or substantial improvement that started on or
after the effective date of the initial FIRM of the community or after December 31, 1974,
whichever is later.
Probation - A means of formally notifying participating NFIP communities of violations
and deficiencies in the administration and enforcement of the local floodplain
management regulations. During periods of probation, each insurance policy is subject
to a $50 surcharge.
Program Deficiency - A defect in a community's floodplain management regulations or
administrative procedures that impairs effective implementation of those floodplain
management standards or of the standards of 44 CFR 60.3, 60.4, 60.5, and/or 60.6.
Public Safety and Nuisance - Anything which is injurious to safety or health of an entire
community or neighborhood, or any considerable number of persons, or unlawfully
obstructs the free passage or use, in the customary manner, of any navigable lake, or
river, bay, stream, canal, or basin.
Recreational Vehicle - A vehicle that is:
1) Built on a single chassis;
2) 400 square feet or less when measured at the largest horizontal
projection;
3) Designed to be self-propelled or permanently towable to a light duty truck;
and
4) Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Regular Program - The phase of a community's participation in the NFIP where more
comprehensive floodplain management requirements are imposed and higher amounts
of insurance are available based upon risk zones and elevations determined in a FIS.
Regulatory floodwaV - 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. See Base
Flood.
Page 13 of 31
Remedy a violation - The process by which a community brings a structure or other
development into compliance with State or local floodplain management regulations, or,
if this is not possible, to reduce the impact of non-compliance. Reduced impact may
include protecting the structure or other affected development from flood damages,
implementing the enforcement provisions of the ordinance or otherwise deterring future
similar violations, or reducing state or federal financing exposure with regard to the
structure or other development.
Repair - The reconstruction or renewal of any part of an existing structure.
Repetitive Loss - Flood -related damages sustained by a structure on two or more
separate occasions during a 1.0 -year period where the value of damages equals or
exceeds an average of 50% of the current value of the structure, beginning on the date
when the damage first occurred, or, four or more flood losses of $1000.00 or more over
the life of the structure, or, three or more flood losses over the life of the structure that
are equal to or greater than the current value of the structure.
Riverine - Relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
Section 1316 - That section of the National Flood Insurance Act of 1968, as amended,
which states that no new or renewal flood insurance coverage shall be provided for any
property that the Administrator finds has been declared by a duly constituted state or
local zoning authority or other authorized public body to be in violation of state or local
laws, regulations, or ordinances that are intended to discourage or otherwise restrict
land development or occupancy in flood -prone areas.
Sheet flow area - see "Area of shallow flooding".
Special flood hazard area (SFHA) - That portion of the floodplain subject to inundation
by the base flood and/or flood -related erosion hazards as shown on a FHBM or FIRM as
Zone A, AE, Al — A30, AH, AO, or AR.
Start of Construction (includes substantial improvement and other proposed new
development) - The date a building permit is issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition placement or other
improvement is within 180 days of the permit date. The actual start means the first
placement of permanent construction of a structure (including manufactured home) on a
site, such as the pouring of slabs or footings, the installation of piles, construction of
columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it 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; the installation on the property of
accessory structures, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part of
a building, whether or not that alteration affects the external dimensions of the structure.
Structure - A walled and roofed building that is principally above ground; including
manufactured homes, gas or liquid storage tanks, or other man-made facilities or
infrastructures. See Building.
Subdivision - Any division, for the purposes of sale, lease, or development, either on
the installment plan or upon any and all other plans, terms and conditions, of any tract or
parcel of land into two (2) or more lots or parcels.
Subrogation - An action brought by FEMA to recover insurance money paid out where
all or part of the damage can be attributed to acts or omissions by a community or other
third party.
Substantial Damage - Means damage of any origin sustained by a structure whereby
the cost of restoring the structure to it's before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
Substantial Improvement - Means any reconstruction, rehabilitation, addition, or other
improvement of a structure, taking place during a 1 -year period in which the cumulative
percentage of improvements equals or exceeds 50 percent of the market value of the
Page 14 of 31
structure before the "start of construction" of the improvement. This term includes
structures which have incurred "substantial damage", regardless of the actual repair
work performed. The term does not, however, include either:
1) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by
the local Code Enforcement Official and which are the minimum necessary to
assure safe living conditions, or
2) Any alteration of a "historic structure" provided that the alteration will not preclude
the structure's continued designation as a "historic structure." Or
Substantially improved existing manufactured home parks or subdivisions -
Repair, reconstruction, rehabilitation, or improvement of the streets, utilities, and pads
equaling or exceeding 50 percent of the value of the streets, utilities, and pads before
the repair, reconstruction, or improvement commenced.
Suspension - Removal of a participating community from the NFIP for failure to enact
and/or enforce floodplain management regulations required for participation in the NFIP.
New or renewal flood insurance policies are no longer available in suspended
communities.
Utilities - Includes electrical, heating, ventilation, plumbing, and air conditioning
equipment.
Variance - Relief from some or all of the requirements of this ordinance.
Violation - Failure of a structure or other development to fully comply with this
ordinance. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in this ordinance is presumed to
be in violation until such time as that documentation is provided.
Watercourse - A lake, river, creek, stream, wash, channel or other topographic feature
on or over which water flows at least periodically.
Water surface elevation - The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, (or other datum, where specified) of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
Watershed - All the area within a geographic boundary from which water, sediments,
dissolved materials, and other transportable materials drain or are carried by water to a
common outlet, such as a point on a larger stream, lake, or underlying aquifer.
X zone - The area where the flood hazard is less than that in the SFHA. Shaded X
zones shown on recent FIRMs (B zones on older FIRMs) designate areas subject to
inundation by the flood with a 0.2 -percent probability of being equaled or exceeded (the
500 -year flood) in any year. Unshaded X zones (C zones on older FIRMS) designate
areas where the annual exceedance probability of flooding is less than 0.2 percent.
Zone - A geographical area shown on a Flood Hazard Boundary Map or a Flood
Insurance Rate Map that reflects the severity or type of flooding in the area.
ARTICLE 3. GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all Special Flood Hazard Areas (SFHA), areas applicable to
KRS 151.250 and, as determined by the Floodplain Administrator or other delegated,
designated, or qualified community official as determined by the Board of
Commissioners of the City of Paducah from available technical studies, historical
information, and other available and reliable sources, areas within the foresaid
jurisdiction which may be subject to periodic inundation by floodwaters that can
adversely affect the public health, safety, and general welfare of the citizens of the City
of Paducah.
Page 15 of 31
-- i -- ..-r , — — -
SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS
The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in the Flood Insurance Study (FIS) for the City of Paducah in
McCracken County, with an Effective Date of November 2, 2011, with the accompanying
Flood Insurance Rate Maps (FIRMS), other supporting data and any subsequent
amendments thereto, are hereby adopted by reference and declared to be a part of
these regulations by the City of Paducah, and for those land areas acquired by the City
of Paducah through annexation. This FIS and attendant mapping is the minimum area of
applicability of this ordinance and may be supplemented by studies for other areas which
allow implementation of this ordinance and which are recommended to the Board of
Commissioners by the Floodplain Administrator and are enacted by the City of Paducah
pursuant to statutes governing land use management regulations. The FIS and/or FIRM
are permanent records of the City of Paducah and are on file and available for review by
the public during regular business hours at the office of the City Engineer -Public Works
Director.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the provision of this
ordinance prior to the commencement of any development activities in the special flood
hazard areas (SFHA). See Article 5 for instructions and explanation.
SECTION D. COMPLIANCE
No structure or land shall hereafter be constructed, located, extended, converted or
structurally altered without full compliance with the terms of this ordinance and other
applicable state regulations. Violation of the requirements (including violations of
conditions and safeguards established in connection with conditions) shall constitute a
misdemeanor. Nothing herein shall prevent the City of Paducah from taking such lawful
action as is necessary to prevent or remedy any violation.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be:
1) Considered minimum requirements;
2) Liberally construed in favor of the governing body; and,
3) Deemed neither to limit nor repeal any other powers granted under state
statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY
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 r
special flood hazard or uses permitted within such areas will be free from flooding or
flood damage. This ordinance shall not create liability on the part of the City of Paducah,
any officer or employee, the Commonwealth of Kentucky, the Federal Insurance
Administration, or the Federal Emergency Management Agency, thereof for any flood
damages that result from reliance on this ordinance or any administrative decision
lawfully made hereunder.
SECTION H. ENFORCEMENT, VIOLATION NOTICE AND PENALTIES
1) Civil Offense: If, at any time, development occurs which is not in accordance
with the provisions of this ordinance including obtaining or complying with the
Page 16 of 31
terms and conditions of a floodplain construction permit and any approved
modifications, such development shall constitute a civil offense.
2) Notice of Violation: 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 ordinance 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 ordnance and/or of the permit violated,
when it occurred, how the violation is to be remedied to bring the development
into conformity with this ordinance 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. 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 in accordance with provisions of this ordinance.
3) Notice of Citation: 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 ordinance 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 ordinance or
with the approved permit, and within what period of time the remedy is to occur,
and what penalty or penalties are recommended. When a citation is issued, the
person to whom the citation is issued shall respond to the citation within seven
(7) 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 governing body. If the person to whom the
citation is issued does not respond to the citation within seven (7) 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.
4) Penalties: Violation of the provisions of this ordinance 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 ordinance
or fails to comply with any of its requirements shall, upon conviction thereof, be
fined no less than $500.00 per day 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 Floodplain Administrator from taking
such other lawful action as is necessary to prevent or remedy any violation.
ARTICLE 4. ADMINISTRATION
SECTION A. DESIGNATION OF LOCAL ADMINISTRATOR
The Building and Elnn+rin-al InspeGtAr and the City Engineer -Public Works Director
is_are hereby appointed as the Floodplain Ge -Administrators to administer, implement,
and enforce the provisions of this ordinance by granting or denying development permits
in accordance with its provisions, and are herein collectively referred throughout this
ordinance as the Floodplain Administrator.
SECTION B. DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATORS
The Building and 1=!eGtF*Gal !Rspe,.+„r and +ho City Engineer -Public Works Director, as
Floodplain Ge -Administrators, and/or authorized staff members is are hereby appointed,
authorized and directed to administer, implement and enforce the provisions of this
ordinance. The Floodplain Ge -Administrators is aFe further authorized to render
Page 17 of 31
interpretations of this ordinance, which are consistent with its spirit and purpose by
granting or denying development permits in accordance with its provisions.
The duties and responsibilities of the Floodplain Administrator Building and E!eG*r:^,l
inspeGtO shall include, but not be limited to the following:
1) Permit Review: she Building and E!eotr is^wl !nspeGto; shall Rr-eview all
development permits to ensure that:
a) Permit requirements of this ordinance have been satisfied;
b) All other required state and federal permits have been obtained: review
proposed development to assure that all necessary permits have been
received from those governmental agencies from which approval is
required by Federal or State law, including section 404 of the Federal
Water Pollution Control Act Amendments of 1972, 33 U.S.0 1334.;
c) Flood damages will be reduced in the best possible manner;
d) The proposed development does not adversely affect the carrying
capacity of affected watercourses. For purposes of this ordinance,
"adversely affects" means that the cumulative effect of the proposed
development when combined with all other existing and anticipated
development will increase the water surface elevation of the base flood
more than one foot at any point.
2) Review and Use of Any Other Base Flood Data. When base
flood elevation data has not been provided in accordance with Article 3 Section
B, the Floodplain Administrator shall obtain, review, and reasonably utilize any
base flood elevation and floodway data available from a federal or state agency,
or other source in order to administer this ordinance
3) Notification of Other Agencies:
a. Notify the Kentucky Division of Water, and any other federal and/or state
agencies with statutory or regulatory authority prior to any alteration or
relocation of the watercourse, and
b. Submit evidence of such notification to the Federal Insurance
Administration, Federal Emergency Management Agency (FEMA); and
c. Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
Documentation of Floodplain Development. The Buil ing art
Glorl rin�I Incr,or4�r shOebtain and maintain for public inspection and make
available as needed the following:
a. Certification required for Residential Construction, Article 6, Section B (1),
(lowest floor elevations) as shown on a completed and certified Elevation
Certificate. 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, in accordance with Article 6, Section A
(2);
b. Certification required for Elevation or Flood -proofing of Non -Residential
Construction by Article 6, Section B (2) as shown on a completed and
certified flood -proofing certificate. Verify and record the actual elevation
(in relation to Mean Sea Level) to which the new or substantially improved
structures have been flood -proofed, in accordance with Article 5, Section
A (2);
c. Certification required for Elevated Structures by Article 6, Section B (3),
Page 18 of 31
d) Certification of elevation required by Subdivision Standards by Article 6, -
Section E (1).
e) Certification required by Floodway Encroachments, Article 6, Section B
(5).
f) Assure that maintenance is provided within the altered or relocated
portion of a Watercourse so that the flood -carrying capacity is not
diminished.
g) Review certified plans and specifications for compliance;
h) Remedial Action. Take action to remedy violations of this ordinance as
specified in Article 3, Section H.
_21-22-111-
�}5) Documentation of Floodway Development. The City Engineer -Public
Works Director shall obtain and maintain for public inspection and make
available as needed the following:
'
SeGtiOR E (44.
b)GeFtifiGatiGR requiFed by Fleni-lway En�nGiceaG onto AFtilrciGle 6, SeGt�vn B
k5) --
G) Review
e)—Reviews61tted eerta#ied plans a„dspee+#TEat+e s fG;-GOmplianc-e.
--Remedial Ar_tlen—Take-aGtiGR tG remedy viel rtiGRSS ofthisordIna ;Ge as
Spenified in AFtiGle Ze SGGtien H
e) All eGes peFta'if -tO the--p•ruViGieR8 of this E)ravraiRa RrGe shall be
maintained in the effire of the City F=Rginoor_Di blir VVE)Fkc Direninr and
shall 1 nen for p blir inonerfinn
,)6) Map Determinations. The City Engineer--PubliG Works Dirnr4er shall
Mmake interpretations where needed, as to the exact location of the boundaries
of the special flood hazard areas, for example, where there appears to be a
conflict between a mapped boundary and actual field conditions.
Page 19 of 31
a) Where interpretation is needed as to the exact location of boundaries of the
areas of special flood hazard (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions) the
Floodplain Administrator -City ERgiReeF PubliG Works DireGter shall make the
necessary interpretation. The person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation as
provided in Article 6, Section (3) b
b) When base flood elevation data or floodway data has not been provided in
accordance with Article 3, Section B, then the Floodplain Administrator Qty
€ngineer-PtiGWorks -D+reeter shall obtain, review, and reasonable utilize
any base flood elevation and floodway data available from a federal, state, or
other source, in order to administer the provisions of this ordinance.
c) When flood -proofing is utilized for a particular structure the Floodplain
Administrator shall obtain certification from a registered professional engineer
or architect, in accordance with Article 6, Section B (2) a flood-proofino
certificate;
d) All records pertaining to the provisions of this ordinance shall be maintained
in the office of the Floodplain Administrator and shall be open for public
inspection.
�}6) Right of Entry
a) Whenever necessary to make an inspection to enforce any of the provisions
of this ordinance, or whenever the administrator has reasonable cause to
believe that there exists in any structure or upon any premises any condition
or ordinance violation which makes such building, structure or premises
unsafe, dangerous or hazardous, the administrator may enter such building,
structure or premises at all reasonable times to inspect the same or perform
any duty imposed upon the administrator by this ordinance.
b) If such structure or premises are occupied, he/she shall first present proper
credentials and request entry. If such building, structure, or premises are
unoccupied, he shall first make a reasonable effort to locate the owner or
other persons having charge or control of such request entry.
c) If entry is refused, the administrator shall have recourse to every remedy
provided by law to secure entry.
d) When the administrator shall have first obtained a proper inspection warrant
or other remedy provided by law to secure entry, no owner or occupant or
any other persons having charge, care or control of any building, structure, or
premises shall fail or neglect, after proper request is made as herein
provided, to promptly permit entry therein by the administrator for the purpose
of inspection and examination pursuant to this ordinance.
24ZL_Stop Work Orders
a) Upon notice from the administrator, work on any building, structure or
premises that is being done contrary to the provisions of this ordinance shall
immediately cease. Such notice shall be in writing and shall be given to the
owner of the property, or to his agent, or to the person doing the work, and
shall state the conditions under which work may be resumed.
1W Revocation of Permits
a) The administrator may revoke a permit or approval, issued under the
provisions of this ordinance, in case there has been any false statement or
misrepresentation as to the material fact in the application or plans on which
the permit or approval was based.
Page 20 of 31
b) The administrator may revoke a permit upon determination by the
administrator that the construction, erection, alteration, repair, moving,
demolition, installation, or replacement of the structure for which the permit
was issued is in violation of, or not in conformity with, the provisions of this
ordinance.
242 Liability
a. Any officer, employee, or member of the Floodplain Administrator's staff,
charged with the enforcement of this ordinance, acting for the applicable
governing authority in the discharge of the required duties, shall not thereby
be rendered personally liable, and is hereby relieved from all personal
liability, for any damage that may accrue to persons or property as a result of
any act required or permitted in the discharge of his duties. Any suit brought
against any officer, employee, or member because of such act performed as
required in the enforcement of any provision of this ordinance shall be
defended by the department of law until the final termination of the
proceedings.
ARTICLE 5. DEVELOPMENT PERMITS
SECTION A. ESTABLISHMENT OF DEVELOPMENT PERMIT
A development permit shall be obtained before any construction or other development
begins within any special flood hazard area established in Article 3, Section B.
Application for a Development Permit shall be made on forms furnished by the
Roodpiain Administrator Buffilrling and EleGtriGal InspeGtor prior to any development
activities, 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. Endorsement of the local administrator is required before a
state floodplain construction permit can be processed. Specifically, the following
information is required.
1) Application Stage
a) Proposed elevation in relation to Mean Sea Level (MSL) of the proposed
lowest floor (including basement) of all structures in Zone A and elevation of
highest adjacent grade;
b) Proposed elevation in relation to Mean Sea Level to which any non-
residential structure will be flood -proofed;
b-.C.AII appropriate certifications from a registered professional engineer or
architect that the non-residential flood -proofed structure will meet the flood -
proofing criteria in Article 6, Section B (2) and Section D (2);
Ed. Description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
2) Construction Stage
Upon placement of the lowest floor, and before construction continues, or
flood proofing by whatever construction means, it shall be the duty of the permit
holder to submit to the Floodplain Administrator Building and EIeGtri^,I
i^e�and to the State a certification of the elevation of the lowest floor or
flood -proofed elevation, as built, in relation to Mean Sea Level. In AE, Al -30,
AH, and A zones where the Community has adopted a regulatory Base Flood
Elevation, said certification shall be prepared by or under the direct supervision
of a registered land surveyor or professional engineer and certified by same.
When flood -proofing is utilized for a particular structure, said certification shall be
prepared by or under the direct supervision of a certified professional engineer or
architect.
Any continued work undertaken prior to the submission of the certification shall
be at the permit holder's risk. The Floodplain Administrator Building and
EleGtriGal Iv,speGtGr shall review the lowest floor and flood proofing elevation
Page 21 of 31
survey data submitted. Deficiencies detected by such review shall be corrected
by the permit holder immediately and prior to further progressive work being
permitted to proceed. Failure to submit the survey or failure to make said
corrections required hereby, shall be cause to issue a stop -work order for the
project.
3) Expiration of Floodplain Construction Permit
A floodplain construction/development permit, and all provisions contained
therein, shall expire if the holder of a floodplain construction permit has not
commenced construction within one hundred and eighty (180) calendar days
from the date of its issuance by the Floodplain Administrator.
ARTICLE 6. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL CONSTRUCTION STANDARDS
In all Special Flood Hazard Areas the following provisions are required:
1) 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;
2) 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 fame ties to ground anchors. This standard shall be in addition to
and consistent with applicable state requirements for resisting wind forces.
3) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage;
4) New construction and substantial improvements shall be constructed by methods
and practices that minimize flood damage;
5) Electrical, heating, ventilation, plumbing, air condition equipment, and other
service facilities shall be designed and/or located in accordance with all
applicable codes, requirements and specifications so as to prevent water from
entering or accumulating within the components during conditions of flooding;
and if within Zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide flood waters around and away from proposed
structures.
6) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
7) 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 into flood waters;
8) On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding; and,
9) Any alteration, repair, reconstruction, or improvements to a structure, which is not
in compliance with the provisions of this ordinance shall meet the requirements of
"new construction" as contained in this ordinance;
10) Any alteration, repair, reconstruction, or improvements to a structure, which is not
in compliance with the provisions of this ordinance, shall be undertaken only if
said non -conformity is not furthered, extended, or replaced.
SECTION B. SPECIFIC STANDARDS
In all special flood hazard areas where base flood elevation data have been provided, as
set forth in Article 3, Section B, the following provisions are required:
Page 22 of 31
1) Residential Construction. New construction or substantial improvement of any
residential structure {or manufactured home4 shall have the lowest floor,
including basement, mechanical equipment, and ductwork 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 Article 6, Section B (3).
a) 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. See Article 6, Section D (1).
b) In an A zone, where no technical data has been produced by the Federal
Emergency Management Agency, elevated <1—> fooeet above the base
flood elevation, as determined by this community. The Floodplain
Administrator will determine the metho6by which base flood elevations
are determined. 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 (Kentucky
Administrative Regulations) Chapter 4, Regulation 060, Section 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 thereby 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. Cross sections
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.
c) In all other- Flood Hazard Zones, elevated -<-1--- fooeet above the base
flood elevation.
d) 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.
2) Non-residential Construction. New construction or substantial improvement of
any commercial, industrial, or non-residential structure (including manufactured
homes used for non-residential purposes) shall be elevated to conform with
Article 6, Section B (1) or together with attendant utility and sanitary facilities:
a) Be flood -proofed below an elevation 41—> fooeet above the level of the
base flood elevation so that the structure is watertight with walls
substantially impermeable to the passage of water;
b) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
c) Have the lowest floor, including basement, mechanical equipment, and
ductwork, elevated no lower than -<1—> fooeet above the level of the base
flood elevation, or;
d) 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 Article 6, Section B (1) d.
e) Manufactured homes shall meet the standards in Article 6, Section B (4).
Page 23 of 31
f) For Areas of shallow flooding (AO Zones) See Article 6, Section D (2).
g) 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 -<1-> fooeet 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. Opening sizes
(FEMA Technical Bulletin 1-93) for meeting this requirement must meet or
exceed the following minimum criteria:
or
(i) Be certified by a registered professional engineer or architect;
(ii) 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.
3) Elevated Structures. New construction or substantial improvements of elevated
structures on columns, posts, or pilings (e.g.) 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 walls.
a) Opening sizes for complying with this requirement must either be certified
by a professional engineer or architect or meet the following minimum
criteria:
(i) Provide a minimum of two (2) openings having a total net area
of not less than one square inch for every square foot of
enclosed area subject to flooding;
(ii) 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,
(iii) Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided they permit the automatic
flow of floodwaters in both directions.
b) 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); and,
c) The interior portion of such enclosed areas shall not be partitioned or
finished into separate rooms.
d) Electrical, plumbing and other utility connections are prohibited below the
base flood elevation. Electrical, heating, ventilation, plumbing, air
condition equipment, and other service facilities shall be designed and/or
located in accordance with all applicable codes, requirements and
specifications.
4) Standards for Manufactured Homes and Recreational Vehicles.
a) All new or substantially improved manufactured homes placed on sites
located within A, Al -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. Locations include:
Page 24 of 31
i) On individual lots or parcels,
ii) In expansions to existing manufactured home parks or
subdivisions,
iii) In new manufactured home parks or subdivisions or
iv) In substantially improved manufactured home parks or
subdivisions, or
v) Outside of a manufactured home park or subdivision,
vi) 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,
All Manufactured homes must be:
(i) Elevated on a permanent foundation, and
(ii) Have its lowest floor elevated no lower than <1-> feet above
the level of the base flood elevation, and
(iii) Be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement.
b) Except 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:
(i) The manufactured home is securely anchored to an
adequately anchored foundation system to resist flotation,
collapse and lateral movement, so that either the:
o The lowest floor of the manufactured home is elevated
no lower than -<1-> fooeet above the level of the base
flood elevation, or
o The manufactured home chassis is supported by
10 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.
c) All recreational vehicles placed on sites located within A, Al -30, AO, AH,
and AE on the community's Flood Insurance Rate Map (FIRM) must
either:
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use, or
(iii) Meet the permit requirements for new construction of this
ordinance, including anchoring and elevation requirements for
"manufactured homes".
A recreational vehicle is ready for highway use if it is licensed and insured
in accordance with the State of Kentucky 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.
5) Floodways. Located within areas of special flood hazard established in Article
3, Section B, 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 has erosion potential, the following provisions shall
apply:
Page 25 of 31
a. 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.
b. If Article 6, Section B (5)(a) is satisfied, all new construction and
substantial improvements and other proposed new development shall
comply with all applicable flood hazard reduction provisions of Article 6.
SECTION C. STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE
FLOOD ELEVATION (UNNUMBERED A ZONES) AND/OR FLOODWAYS
Located within the special flood hazard areas established in Article 3, Section B, 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:
1) 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.
2) New construction or substantial improvements of structures shall be elevated or
flood proofed to elevations established in accordance with Article 3, Section B.
SECTION D. STANDARDS FOR SHALLOW FLOODING ZONES (AO ZONES)
Located within the special flood hazard areas established in Article 3, Section B, are
areas designated as shallow flooding areas. These areas have flood hazards
associated with base flood depths of one to three feet (1 — 3'), where a clearly defined
channel does not exist and the water path of flooding is unpredictable and indeterminate;
therefore, the following provisions apply:
1) All new construction and substantial improvements of residential 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 (2) feet above the highest adjacent grade.
2) All new construction and substantial improvements of non-residential 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 (2) feet above the highest adjacent grade.
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 watertight 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 Article 6, Section B (2).
Page 26 of 31
SECTION E. STANDARDS FOR SUBDIVISION PROPOSALS
1) All subdivision proposals shall identify the flood hazard area and the elevation of
the base flood and 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; and,
4) In areas where base flood elevation and floodway data is not available (Zone A
or unmapped streams), base flood elevation and floodway data for subdivision
proposals and other proposed development (including manufactured home parks
and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, shall
be provided.
5) All subdivision plans will include the elevation of proposed structure(s) and
lowest adjacent grade. If the site is filled above the base flood elevation, the
lowest floor and lowest adjacent grade elevations shall be certified by a
registered professional engineer or surveyor and provided to the Floodplain
Administrator.
SECTION F. STANDARDS FOR ACCESSORY STRUCTURES IN ALL ZONES
BEGINNING WITH THE LETTER `A'
For all accessory structures in special flood hazard areas designated `A' the following
provisions shall apply:
1) Structure must be non -habitable;
2) Must be anchored to resist floatation forces;
3) Will require flood openings/vents no more than one foot above grade, total
openings are to be one square inch per one square foot of floor area, at least two
openings required on opposite walls;
4) Built of flood resistant materials below a level <1-> fooeet above the base flood
elevation;
5) Must elevate utilities above the base flood elevation;
6) Can only be used for storage or parking;
7) Cannot be modified for a different use after permitting.
SECTION G. CRITICAL FACILITIES
Construction of new critical facilities shall be, to the extent possible, located outside the
limits of the SFHA (100 -year floodplain). Construction of new critical facilities shall not
be permissible within the floodway; however, they may be permissible within the SFHA if
no feasible alternative site is available. Critical facilities constructed within the SFHA
shall have the lowest floor elevated one foot or more above the level of the base flood
elevation at the site. Floodproofing and sealing measures must be taken to ensure that
toxic substances will not be displaced by or released into floodwaters. Access routes
elevated to or above the level of the base flood elevation shall be provided to all critical
facilities to the extent possible.
ARTICLE 7. APPEALS AND VARIANCE PROCEDURES
1) Nature of Variances
The variance criteria set forth in this section of the ordinance are based on the
general principle of zoning law that variances pertain to a piece of property and
Page 27 of 31 —
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 ordinance 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.
It is the duty of the City of Paducah 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 ordinance 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.
2) Designation of Variance and Appeals Board
The Bieiidinn Code Appeals BoaF l as established h +hn City of Paducah Board
of Commissioners, -shall hear and decide appeals and requests for variances
from the requirements of this article.
3) Duties of Variance and Building Ce Appeals Board
a) The BUildiRg Gede Appeals Board of Commissioners shall hear and
decide appeals when it is alleged that there is an error in any
requirement, decision, or determination made by the city in the
enforcement or administration of this ordinance.
b) Any person aggrieved by the decision of the BUildiRg Cede Appeals
Board of Commissioners or any taxpayer may appeal such decision to the
McCracken County Circuit Court, as provided in Kentucky Revised
Statutes.
4) Appeals/Variance Procedures
In passing upon such applications, the BuildiRg Code Appeals Board of
Commissioners shall consider all technical evaluations, all relevant factors, all
standards specified in other sections of this ordinance, and the:
a) Danger that materials may be swept onto other lands to the injury of
others;
b) Danger to life and property due to flooding or erosion damage;
c) 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;
d) Importance to the community of the services provided by the proposed
facility;
e) Necessity that the facility be located on a waterfront, in the case of
functionally dependent facility;
f) Availability of alternative locations which are not subject to flooding or
erosion damage;
g) Compatibility of the proposed use with existing and anticipated
development;
h) Relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
i) Safety of access to the property in times of flood for ordinary and
emergency vehicles;
Page 28 of 31
j) 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) 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.
5) Conditions for Variances
Upon consideration of the factors listed above and the purposes of this
ordinance, the Building Cede Appeals Board of Commissioners may attach such
conditions to the granting of variances as it deems necessary to further the
purposes of this ordinance.
a) Variances shall not be issued within any mapped regulatory floodway if
any increase in flood levels during the base flood discharge would result.
b) 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 ordinance. For example, in the case of
variances to an elevation requirement, this means the City of Paducah
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 of Paducah believes will both provide relief and preserve
the integrity of the local ordinance.
c) Variances shall only be issued upon a determination that the variance is
the "minimum necessary" to afford relief considering the flood hazard. 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.
d) 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 (as defined in this
ordinance); and
(iii) A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
cause extraordinary public expense, create nuisance (as
defined in the definition section 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.
e) 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.
f) The Floodplain Administrator B ildiRg and E!eGtF'Gal IRSPeGtGF 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.
g) 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 Article 7, 4(a —
k) are satisfied and that the structure or other development is protected
by methods that minimize flood damages during the base flood and does
Page 29 of 31
not result in additional threats to public safety and does not create a
public nuisance.
6) Variance Notification
Any applicant to whom a variance is granted shall be given written notice over
the signature of a community official that:
a) 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, and;
b) 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 R„ji
ilnn and E!o^+ri^^l '^ nom+^r in the McCracken County
Court Clerk's Office and shall be recorded in a manner so that it appears
in the chain of title of the affected parcel of land.
c) The Floodplain Administrator BuildiRg and DeGtFiGal !RspeG+„r 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.
7) Historic Structures
Variances may be issued for the repair or rehabilitation of "historic structures"
(see definition) 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.
8) 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.
SECTION 3. That the City hereby adopts the revised "Flood Insurance
Rate Maps (FIRMs) Community Number 210152", as completed by FEMA on May 2,
2011. The FIRMs for the City of Paducah shall be located in the Engineering -Public
Works Office and consist of the following FIRM Panels:
1.
Map Index
2.
Pane10127F
3.
Pane10128F
4.
Panel 0131 F
5.
Pane10132F
6.
Pane10133F
7.
Pane10134F
8.
Pane10136F
9.
Pane10137F
10.
Panel 0141 F
11.
Pane10142F
12.
Panel 0151 F
13.
Pane10153F
14.
Pane10154F
15.
Panel 0161 F
16.
Pane10162F
17.
Pane10166F
SECTION 4. That the City hereby adopts the revised "Flood Insurance
Study (FIS)", Community Number 210152 Study Number 21145CV000K, as completed
Page 30 of 31
by FEMA on May 2, 2011. The FIS for McCracken County, City of Paducah shall be
located in the Engineering -Public Works Office.
SECTION 5. That the City adopts the Summary of Map Actions that
document previous Letter of Map Changes (LOMCs) actions previously approved by
FEMA that will be superseded with the adoption of this ordinance as listed on Appendix
"A" attached hereto.
SECTION 6. This ordinance and the various parts thereof are hereby
declared to be severable. Should any section of this ordinance be declared by the
courts to be unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole, or any portion thereof other than the section so declared to be
unconstitutional or invalid.
If any section, clause, sentence, or phrase of the Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall
not affect the validity of the ordinance as a whole, or any portion thereof other than the
section so declared to be unconstitutional or invalid.
SECTION 7. To be in compliance with the National Flood Insurance
Program (NFIP), the Ordinance Additions, Ordinance Deletions, FIRMs, FIS,LOMCs,
and all actions noted within this ordinance shall become officially effective on November
2, 2011.
SECTION 8. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KFAS Chapter 4X4.
William F. Paxton, Mayo
Richard Abraham, Commissioner
Carol Gault, Commissioner
Gayle Kaler, Commissioner
Gerald Watkins, Commissioner
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, October 11, 2011
Amended by the Board of Commissioners, October 25, 2011
Adopted as amended by the Board of Commissioners, October 25, 2011
Recorded by Tammara S. Brock, City Clerk, October 25, 2011
Published by The Paducah Sun, October 29, 2011
\ord\eng\50-NEW Flood Damage Prevention — 2011
Page 31 of 31
APPENDIX A
FINAL SUMMARY OF MAP ACTIONS
Community: PADUCAH, CITY OF
SOMA -2
Community No: 210152
To assist your community in maintaining the Flood Insurance Rate Map (FIRM), we have .
summarized below the previously issued Letter of Map Change (LOMC) actions (i.e., Letters of Map
Revision (LOMRs) and Letters of Map Amendment (LOMAS)) that will be affected when the revised
FIRM becomes effective on November 2, 2011.
1. LOMCs Incorporated
The modifications effected by the LOMCs listed below will be reflected on the revised FIRM. In
addition, these LOMCs will remain in effect until the revised FIRM becomes effective.
2. LOMCs Not Incorporated
The modifications effected by the LOMCs listed below will not be reflected on the revised FIRM
panels because of scale limitations or because the LOMC issued had determined that the lot(s) or
structure(s) involved were outside the Special Flood Hazard Area, as shown on the FIRM. These
LOWS will remain in effect until the revised FIRM becomes effective. These LOMCs will be
revalidated free of charge 1 day after the revised FIRM becomes effective through a single
revalidation letter that reaffirms the validity of the previous LOMCs.
Community
Date
Ol
New
LOMC
Case No.
I saued
Project Identifier
Panel
Panel
NO CASES RECORDED
2. LOMCs Not Incorporated
The modifications effected by the LOMCs listed below will not be reflected on the revised FIRM
panels because of scale limitations or because the LOMC issued had determined that the lot(s) or
structure(s) involved were outside the Special Flood Hazard Area, as shown on the FIRM. These
LOWS will remain in effect until the revised FIRM becomes effective. These LOMCs will be
revalidated free of charge 1 day after the revised FIRM becomes effective through a single
revalidation letter that reaffirms the validity of the previous LOMCs.
Community
Ol
New
LOMC
case No.
I saued
Project Identifier
Paned l
Pa el
562 ALABAMA STREET
LOMA
00-04-5456A
09/28/2000
2101520006D
21145CO153F
OTS 3 & 4 AND LOTS 5 & 6, BLOCK E.
LOTS
LOMA
I
01-04-4422A
I 06/27/2001
S/O - 5146 & 5136 VALLEY VIEW DR.
2101520005D
21145CO133F
OTS 10 & 11, BLOCK 6, BROOKHAVEN
LOMA
01-04-6766A
10/03/2001
/D- 2017 SEITZ STREET
2101520006D
21145CO153F
OTS 30 & 31, BLOCK E, HILLCREST
LOMA
02-04-4952A
05/05/2002
/D - 5124-5126 & 5130-5132 OGILVIE AVENUE
2101520005D
2114500141 F
420 BUCKNER LANE
LOMR-F
03-04-5020A
05/01/2003
2101520004D
21145CO133F
OTS 5-8, BLOCK 4, O'BRIEN'S ADDITION - 2018
LOMA
03-04-9770A
09/12/2003
2010 SEITZ STREET
2101520006D
2114500153E
CK C. LOT 31 - 5255
ILOMA
I 04-04-A676A
I 12/16/2004
1UCKNER LAKE CIRCLE
12101520004D
121145CO133F
SUBDIVISION, BLOCK B, LOTS
�LOMAILLCREST
1"-14 - 140 DEER LICK PLACEI2101520005D
�10-04-4241A�07/20/2010 1"-14 -140 DEER LICK PLACEI2101520005D
21145CO133F
21145CO133F
4/25/2011
Page 1 of 2
Page 33 of 34
APPENDIX "A"
APPENDIX A (CONT.)
FINAL SUMMARY OF MAP ACTIONS
Community: PADUCAH, CITY OF
SOMA -2
Community No: 210152
3. LOMCs Superseded
The modifications effected by the LOWS listed below have not been reflected on the Final revised
FIRM panels because they are being, superseded by new detailed flood hazard information or the
information available was not sufficient to make a determination. The reason each is being
superseded is noted below. These LOMCs will no longer be in effect when the revised FIRM
becomes effective.
Date
Old
New
LOMC
Case No.
IsDsued
Project Identifierate
Panel
Panel
NO CASES RECORDED
ADUCAH INFORMATION AGE PARK
LOMA
11-04-3467A
03/01/2011
IMSION, TRACT 24A-100 FULTON
21015100606
21145C0136F
0 URT
3. LOMCs Superseded
The modifications effected by the LOWS listed below have not been reflected on the Final revised
FIRM panels because they are being, superseded by new detailed flood hazard information or the
information available was not sufficient to make a determination. The reason each is being
superseded is noted below. These LOMCs will no longer be in effect when the revised FIRM
becomes effective.
1. Insufficient information available to make a determination.
2. Lowest Adjacent Grade and Lowest Finished Floor are below the proposed Base Flood Elevation.
3. Lowest Ground Elevation is below the proposed Base Flood Elevation.
4. Revised hydrologic and hydraulic analyses.
5. Revised topographic information.
4. LOMCs To Be Redetermined
The LOMCs in Category 2 above will be revalidated through a single revalidation letter that
reaffirms the validity of the determination in the previously issued LOMC. For LOMCs issued for
multiple lots or structures where the determination for one or more of the lots or structures has
changed, the LOMC cannot be revalidated through this administrative process. Therefore, we will
review the data previously submitted for the LOMC requests listed below and issue a new
determination for the affected properties after the effective date of the revised FIRM.
Date
Reason Determination
LOMC
Case No.
Issued
pro ect Identifier
Will be Superseded
Panel
Panel
NO CASES RECORDED
1. Insufficient information available to make a determination.
2. Lowest Adjacent Grade and Lowest Finished Floor are below the proposed Base Flood Elevation.
3. Lowest Ground Elevation is below the proposed Base Flood Elevation.
4. Revised hydrologic and hydraulic analyses.
5. Revised topographic information.
4. LOMCs To Be Redetermined
The LOMCs in Category 2 above will be revalidated through a single revalidation letter that
reaffirms the validity of the determination in the previously issued LOMC. For LOMCs issued for
multiple lots or structures where the determination for one or more of the lots or structures has
changed, the LOMC cannot be revalidated through this administrative process. Therefore, we will
review the data previously submitted for the LOMC requests listed below and issue a new
determination for the affected properties after the effective date of the revised FIRM.
4/2512011
Page 2 of 2
Page 34 of 34
Old
New
LOW
Case No.
IsDsued
Project Identifier
Panel
Panel
NO CASES RECORDED
4/2512011
Page 2 of 2
Page 34 of 34