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HomeMy WebLinkAbout88-4-4049us=� LL Wrk ��'iuLJ_LL2hi�WlWlLiL�cLhl N4 d NSI u.HrFmW-I' Ille 4+d,um sll a �l9 �J' B- 1Wk�IVdIe�W41WIWF.d IIilldMtlNWuilikuJYo ,111 u y J r 308 ORDINANCE NO. 88-4-4049 AN ORDINANCE AMENDING CHAPTER 122 BY CREATING SECTIONS 122-10, OBJECTIVES; 1212-11, DEFINITIONS; 122-12, LANDS TO WHICH ORDINANCE APPLIES; 122-13, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD; 122-14, ESTABLISHMENT OF DEVELOPMENT PERMIT; 122-15., COMPLIANCE; 122-16, ABROGATION AND GREATER RESTRICTIONS; 122-17, INTERPRETATION; 122-18, WARNING AND DISCLAIMER OF LIABILITY; 121 -2 -199 - PENALTIES FOR VIOLATION; 122-20, DESIGNATION OF LOCAL ADMINISTRATOR; 122-21, PERMIT PROCEDURES; 122-22, DUTIES AND RESPONSIBILITIES OF LOCAL ADMINISTRATOR; 122-23, VARIANCE PROCEDURES; 122-24, GENERAL STANDARDS; 122-25, SPECIFIC STANDARDS; 122-26, STANDARDS FOR STREAMS WITHOUT .ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODWAYS; 122-27, STANDARDS FOR SUBDIVISION PROPOSALS; AND.122-28, STANDARDS FOR AREAS OF SHALLOW. FLOODING (AO ZONES); OF FLOOD DAMAGE PREVENTION, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the flood hazard areas of the City of Paducah are subject to periodic inundation which results 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 of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in floodplains, causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood -proofed, or otherwise unprotected from flood damages; and WHEREAS, it is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to`flood conditions in specific areas by provisions designed'to: (1) restrict or'prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood damage; and (5) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may \ increase flood hazards to other lands. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 1212-10, Objectives, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: "The objectives of this chapter are: (1) To protect human life and health; 309 (2) To,minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimizedamage to public facilities and utilities \11 such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (7 To insure that potential home buyers are notified that property is in a flood area." SECTION 2. That Section 122-11, Definitions, of the Code of Ordinances of the City of Paducah,•Kentucky, is hereby created to read as follows: "Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Addition (to an existing building)" means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction. "Appeal" means a request for a review of the Building and Electrical Inspector's interpretation of any provision of this chapter or a request for a variance. "Area of shallow flooding" means a designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM); with base flood depths from one to three feet where a•clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminat.e•, and where velocity flow maybe evident. "Area of special flood hazard" is the land in the,fl'oodplain within a community subject. to' -a one,percentor greater chance of flooding in any given year.• - "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. "Basement" means that portion of.a building.having its floor subgrade (below ground level) on all sides. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. 310 +.,,,.,may•• ... - ..,,J_. „.,...... , ,�'1�. 1.:1+ 1",_t�c .4,ALLJ If LL,-, "L,111 ,'wh dAIA�H,6'rel n.,I.1A 111 i�.n dar. dio=L1 r ��I:�_.-1Y I I "Building" means any structure built for support, shelter, or enclosure for any occupancy or storage. "Development" means any man-made 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 permanent storage of materials. "Elevated building" means a non -basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls,, pilings, columns (posts and piers), shear walls, or breakaway walls. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow_ -of inland.or tidal waters; (2) the unusual and rapid accumulation.or runoff of surface waters fromany source. "Flood Hazard Boundary Map (FHBM)" means.an official map of a community, issued by the the Federal Emergency,Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A. "Flood Insurance Rate Map (FIRM)" meansanofficial map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the -community. _ "Flood Insurance Study" is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary.Floodway Map and the water surface elevation of the base flood. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Floor" means the top surface of an enclosed area in a building (including bas;ement), i..e.,'top ofislab_in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used'solely for parking vehicles. "Functionally dependent facility" means a facility which cannot be used for its intended purpose unless itis located -or carried out in close proximity, to Vater,, such as a docking. -or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term doesnotinclude long-term storage, manufacture, sales, or service facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the flood plain. For purposes of this chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD). 311 "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. 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. "National Geodetic.Vertical Datum (NGVD" as corrected in 1929 is a vertical control used as a reference for establishing -elevations within the flood plain. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this chapter. "Start.of construction" (for other than new construction or substantial improvements under -the Coastal Barrier Resources Act-(P.L. 97-348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement -of -permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home:of 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; nor does it include the installation on.the property of accessory buildings,--such.as garages or sheds not occupied.as dwelling units or not part of the main structure. "Structure" means a -walled and roofed building that is principally above.ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures. "Substantial improvement" means any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during the life ofa-structure, in which the cumulative cost equals or exceeds fifty percent of the market value of the structure. The market value of the structure should be (1) the appraised value of the structure prior.to the -start -of the initial repair or improvement, or (2) in the case of damage, the value -of the structure prior to the damage occurring. For the purposes of this definition, "substantial improvement" is --considered to -occur whenthe_first alteration of any wall, ceiling, floor,'or other structural part of the building..._ commences, whether or -not that alteration affects the.external. dimensions of -the structure.:.:The term does not,.however, include any project for improvement of a structure required to comply with existing health,.sanitary, or safety code specifications which :ase solely necessary to assure safe.living conditions. "Variance" is a grant of relief from-the.requirements of this chapter which permits construction in a manner otherwise prohibited by this 312 chapter where specific enforcement would result in unnecessary hardship." SECTION.3. That Section 122-12, Lands to,Which This Chapter Applies, of the,Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: "This chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of.Paducah, Kentucky." SECTION 4. That Section 122-13, Basis for Establishing the Areas of Special Flood Hazard, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: "The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Hazard Boundary Map (FHBM) and B1ood'Boundary and Floodway Map, No. 210152, dated February 12., 1982, with accompanying maps and other supporting data, and any revision thereto, are adopted by reference and declared to be a part of this chapter." SECTION 5. That Section 122-14, Establishment of Development Permit, of the.Code of Ordinances of the City of Paducah,.Kentucky, is hereby created to read as follows: "A Development Permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development"activities." SECTION 6. That Section 122-15, Compliance, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: "No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations." SECTION 7. That Section 122-16, Abrogation and Greater Restrictions, of the Code.of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: "This chapter is not intended to repeal, abrogate,.or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail." SECTION 8. That Section 1212-17, Interpretation, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: "In the interpretation and.application of this chapter all provisions shall be: (1) considered as 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::" s—SECTION;9. That Section.122-18, Warning and Disclaimer of Liability, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: "The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on 313 scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter:.shall not create liability on the part of the City of Paducah or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder." �I SECTION 10. That. Section 122-19, Penalties for Violation, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: "Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails -to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than ninety (90) days, or both, and in addition, shall pay -all costs and expenses involved in the case. Each day such violation continue shall beconsidered a separate offense. Nothing herein contained shall prevent the City.of Paducah from taking such otherlawful actions is necessary to.prevent or remedy any violation." SECTION 11. That Section 122-20, Designation of Local Administrator, of the Code of Ordinances.of the City of Paducah, Kentucky, is hereby created to read -as follows: il "The Building and Electrical Inspector and the City Engineer are hereby appointed to administer'and implement theprovisionsof this chapter." SECTION 12. That Section 122-21, Permit Procedures, of the Code of Ordinances of the City.of Paducah,.Kentucky, is hereby created to read as. follows: "Application for a Development Permit shall.be made to the Building and Electrical Inspector on forms furnished by him or her prior to any development activities, and may nclude,.but not be limited to, the following plans.in duplicate drawm to_scale showing the nature, location.,. -dimensions, and elevations of the area in question; existing or proposed s.tructures.,...fiil, storage of materials, drainage facilities, and the location of the foregoing.; Specifically, the following.informatiom is required:: J(1) Application Stage. (a)_ Elevation.in relation to mean -sea level of the proposed lowest floor.(including basement) of all structures; ,(b) Elevation:in relation; to mean; sea. level to which any non-residential-structure.will be flood -proofed; 314 (c) Certificate from .a registered professional engineer or:architect that. -the -non-residential flood-proofedstructure. will meet the flood -proofing criteria in Section 1212-25(2); .: (d)x Des.crip.t.ion, of the. extent to which any watercourse _._ will.be.altered or -relocated as a result of proposed_.development,.and; (2) Construction .S-tage..* . Provide a floor elevation or flood -proofing -certification after_ the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas, after -placement of ,the horizontal structural members of the -lowest _. floor.., Upon -placement of the lowest floor, or flood -proofing by.whatever construction means, or .upon placement of the horizontal structural:members_o.f the lowest floor, whichever is applicable, it shall be the. duty .of .the, permit_ holder -.to submit to the Building and Electrical Inspector.a certificate of the elevation of the lowest floor, -flood -proofed elevation., or the elevation..of th.e.lowes.t portion of.the..horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the i. direct supervision -of a registered land surveyor or, professional engineer and.certified by same. When flood -proofing .is utilized for a particular building, said.certif-ication.shall.-be prepared by or.under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior -to -submission -of _the -certification shall be at the permit holder's risk. The Building and Electrical Inspector shall review the floor elevation survey data submitted. Deficiencies.detec.ted by such review shall ..be corrected by the permit holder immediately and prior .to.further progress.ive.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.." SECTION 13. That Section 1212-22, Duties and Responsibilities of the Local Administrator, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: ."A. Duties.of the Building &.Electrical Inspector shall include, but not be limited to: (1) Review all development permits to assure that the permit requirement of this chapter have been satisfied; (2) Advise permittee that -additional federal or state permits may be required, and if specific federal or 315 state permit requirements are known, require that copies ofsuch permits be provided and maintained on file with the development permit. (3) 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 .Section 122-21(2). (4) 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 Section 12.12-21(2). (5) When flood -proofing is utilized for a particular structure, the Building,& Electrical Inspector shall obtain certification from a registered professional engineer or architect, in accordance with Section 12'-2-25 (2) . (6) When base.flood elevation data or floodway data have not been provided in accordance with Section 122-13, then the-Building_&-.Electrical_Inspector shall obtain, review and-reasonably.,utilize any base flood elevation and floodway data available from a federal, state or other source, -in order to administer -the provisions of Section_122-24.through Section 122-28'. (7) All records -.pertaining to the provisions of this chapter shall be maintained in the -office of the Building:& -Electrical Inspector -.and shall',be open for public inspection." "B. Duties.of_the_City.Engineer:shall include, but not be limited to: (1) Notify adjacent communities and the Kentucky Department for -Natural Resources and Environmental -.Protection, Division -of Water Resources, prior to any alteration -or relocation of a watercourse, and submit evidence -of such notification to the Federal.Emergency_Management Agency. (2) Assure that: -.maintenance is -provided within the altered'or relocated portion of .`said watercourse ..so_that the flood-carrying=capacity is not diminished.. _ (3) Where interpretation is -needed as to the exact l location of boundaries --of .the areas of special J _flood hazard (for-example,;_,where there appears to be a conflict between:a_mapped boundary and actual field conditions);-the,City Engineer 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 this chapter." 001 SECTION 14.. That.Sect.io-n 1.22723, Variance.P.rocedures, of the Code: of.Ordinances.of. the ,City of -Paducah, Kentucky,.is hereby created to read as follows: "(1). The Building Code Appeals Board, as established by the .City of .Paducah, shall hear.and.decide appeals and requests:.for. v:arian°ces .from the .requirements of this chapter... (2), The.Bu lding.:Code-Appeals_Boar.d shall hear and decide ..appeals when.it.:is. alleged there is an error in any requirement,-...decision,.-or..determination made by the City of P.aducah..in.the enforcement oradministration of :,,this .chapter.. . (3). Any person, -aggrieved by the decision of the Building Code.App,eals:Boar.d or -.any .taxpayer may appeal such decision to the McCracken:Circuit Court, as provided in KRS 23A.010. (4) Variances..:may :be issued..for _the: reconstruction, rehabilitation.or restoration of structures listed on the National..Register,of.Histor.ic Places or the State Inventory of.Histor.ic, Places -without regard to the procedures. set forth in the remainder of this section, except for, Section 122-23,. (8):(a) and (d), and provided the proposed -reconstruction, rehabilitation or r.est:oration:will not result in .the structure losing its �. historical des:ignation.. 1 (5) -,In passing: upon such.applications, .the Building Code Appeals Board shall consider all.techn,ical evaluations, all.relevant facto.rs,.all.standards.specified in other sections of this chapter, and: (a). the_danger:that.mater.ials may be swept onto other lands, to the.injury..of. others; (b). the danger to life.an.d property due to flooding or erosion damage; ,_(c): the. -susceptibility of the proposed facility and it.s.contents.to,flo.od damage and the effect of _. ;such damage on the .individual owner; .(;d)., the -.importance of the.servic.es provided by the proposed facility to the community; (e) the necessity of the facility to a waterfront location,, in the case.of a_ functionally dependent facility;. .(f-). the availability of alternative locations, not s.ubject.to flooding or -erosion damage, for the :proposed use;_._ .:(g) the compatibility of the proposed use with _existing and anticipated development; 317 (h) the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (i) the safety of access to the property in times of flood for ordinary and emergency vehicles; (j) the expected heights, velocity, duration., rate of rise and sediment transport of the flood waters And the effects of wave action, if applicable, expected at the site; and ' (k) the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water :systems, and streets and bridges. (6) Upon consideration'of the factors listed above, and the purposes of this chapter,_ the Building Code Appeals Board may attach.such_conditioris to -the granting of variance's as it deems necessary to further the purposes of this chapter. (7) Variances 'shall mot be issued within .any designated floodway if any increase' in flood levels during the base flood discharge would result. (8) Conditions for Variances.:- ,(a) ariances.-(a) Variances .shall only,be;. issued upon a determination that the variance is the minimum necessary,.consideringithe.fl;ood hazard, to afford relief;�and in.the,instance.of a historical building, a'determination that the variance is the minimum-necessary-soas -not _to: destroy the historic_character�,and.design of the building; (b) Variancesshall 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, and.;(iii), a determination that the granting-of..a variance will not result in increased flood heights:,- additional threats to public safety, extraordinary public expense, create;_.nuisance.,: cause :fraud'_on or victimization of the -public;:-or :conflict::with- existing local laws or ordinances. (c) Any applicant to.whom.:a:variance is granted shall be -given,.written :notice specifying the difference between the base flood elevation:and the elevation to which the''structure is -to be built and stating that .the. -cost of _flood .insurance will be commensurate with the -increased risk resulting from the reduced lowest floor elevation. 318 (d). The.Building & Elec.trical.lnspector shall maintain __the -records of all .appeal ..actions and report any variances :to the. Federal. Emergency Management Agency upon _request.." .. _ SECTION 15.. That -Section 1212-24,.. General Standards, of the Code of:Ordinances of _the City of ,Paducah, Kentucky,, -is hereby created to read as follows: . "In all areas .of special .floo.d .hazard .the following provisions are required: (1). New constructionandsubstantial--improvements shall be anchored -to prevent -flotation, collapse or lateral i movement -of the _structure; (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-tot)'or:_frame ties to groundanchors. This standard .shall :be :in addition to and -consistent with applicable state requirements .far .resisting wind forces; (3) New .construction _and .substantial .imp.rovements shall be constructed with materials and utility equipment resistant to -flood damage;. (4) New construction or.sub.stantial.imp.rovemen.ts-shall be constructed by methods and practices that minimize flood damage•,._ (5) Electrical heating.,. ventilation, plumbing, air conditioning equipment,.and..other service facilities shall be designed.and/or .,located so as to prevent water from_entering.or accumulating within the components during ..conditions _o.f .f looding Y . . (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,elimina.te 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.in._compliance with the provisions.of this chapter, shall meet the requirements of "new construction" as. contained in this chapter." SECTION 16.._3hat Section 1.212-25, Specific Standards, of the Code of Ordinances of the.City.of:Paducah,,:-Kentucky, is hereby created to read as follows: 319 "ln all areas of special flood hazard where'base flood elevation data have been provided, as set forth in Section 122-13 or Section 122-22(11), the following provisions are required: (1) Residential Construction.New construction or substantial improvement of any'residential structure shall have.the lowest floor, including basement, elevated to no lower than one (1) 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 flood -waters shall be'provided in accordance with standards of Section 122-25(3). (2) Non -Residential Construction. 'New construction or substantial improvement of any commercial, industrial, or non-residential structure have the lowest floor, including basement, elevated to no lower than one (1) foot above the level of the base flood elevation. Structur6s <lo6dted! in. all -,A -zones may "be flood -proofed in lieu of being elevated provided that all areas of the structure below the-required'elevation are water tight with walls substantially 'impermeable to the passage of water land use structural components having .the -capability of resistng.hydrostatic and .hydrodynamic loads and -the -effect of bouyancy. A registered -professional engineer or architect shall certify .that the'standards of this subsection are satisfied. Such certification shall be provided to the official ­as set forth -in Section 122=21. (3) Elevated -Buildings., New -construction or substantial improvements of elevated buildings 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)._ Designs�ifor complying with this requirement must either be certified bya professional engineer or architect or.meet.the'following minimum criteria: ;(i) Provide a.minimum,of two openings having a aotal,.net'area of -not Tess 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; and, (iii):., Openings may with screens, louvers, valves or other coverings or devices _. _:provided they -,permit the automatic flow of .floodwaters in both directions. 320 (b) ;,Electrical,.,plumbing,;and other utility connections are,prohibited.,below.the base .flood _ elevation;._ (c) .Access to„the,.enclosed area_shall be the minimum necessary to allow.,for.parking.of vehicles (garage door) or;limite& storage -of maintenance equipment used,in connection with.the premises (standard ,exterior door)-or,entry to.the living area (stairway.or elevator);:and (d) .The interior-portion.of such.enclosed area shall not be partitioned or.finished.into separate rooms,11 (4) _. Floodways.,:.:Located .within -areas_ of, special flood hazard established in Section 122-13 are areas designated.as.,floodways-; Since -the floodway is an extremely hazardous,,area_due to -the -velocity of flood waters which;carry debris,.potentiai.projectiles and erosion:,potential,:.the.following provisions shall app ly : . . (a)' Prohibit encroachments,_includirig fill, new c,onstruction,�;,substantial.improvements and other developments::_unless,cert figation (with supporting ,,,.technical data( by a.registered..professional engineer:is provided demonstrating that encroachments.shall.not-result in any increase in flood levels during occurrence of the base flood discharge; .. (b) If Section 122-25(4). is satisfied, all new construction and substantial improvements shall ;comply,,with_all applicable flood hazard reduction provisions.of_Article.5. .(c) Prohibit the placement. -of manufactured homes (mobile, homes), -,except in an existing manufactured homes (mobile homes) park or.subdivision. A replacement manufactured home park or subdivision provided the..anchoring,standard's of Section 122-24(2.),, and the elevation standards of Section 12-25(1) are met. SECTION 17., That :Section 122-26, Standards for Streams Without Established Base F1ood.Elevations and/or Floodways, of the Code of Ordinances of the City of"Paducah,..Kentucky, is hereby created to read as follows: "Located within.the areas of special flood hazard established in Section 122-13, where small streams exist but where no base flood data have been provided or,where no floodways have.been.provided, the following provisions apply: (1) No encroachments, including T ill material or structures shall be located within a.distance of the stream bank 321 equal to three times the width of the stream at the top of bank or twenty feet, 'each side from top of bank, whichever is greater, unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) New construction or substantial'improvements of structures shall be elevated or flood -proofed to elevations established in accordance with Section 121-2722-'A:(6),.11 SECTION 18. That Section 12'2-27_, Standards for Subdivision Proposals, of the Code of Ordinances of'th-e City of Paducah, Kentucky, is hereby created to read As follows: "(1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and, (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which is greater than the lesser of fifty lots or five acres." SECTION 19. That Section 1212-28, Standards for Areas of Shallow Flooding .(AO Zones),,of.the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: "Located within the areas of special flood hazard established in Section 122-13 are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet (1'-31) where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of, residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, l above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated, at least 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 the depth number specified on the 322 Flood_.Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified.,. the lowest floor, including basement, shall be elevated at least two (2) feet above the highest. adjacent grate; or, (b)..together with attendant utility and sanitary facilities be completely flood -proofed to or above that level 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 bouyancy." SECTION 20. That Sections 12271, Purpose and objectives; 122-2, Definitions:; 1212-3, General provisions; 122-4, Penalty; 1212-5, Administration of chapter;. 122-6', Procedures for obtaining development permit and variance; .1212..-7, Provisions required for construction in areas of special flood hazard.; and .1212-8, Standards for subdivision proposals, are hereby repealed.in their entirety. This ordinance shall be read on two separate days and will become effective upon publication of•title and a certified summary thereof. GERRY B. MONTGOMERY Mayor Introduced by the Board of Commissioners April 12, 1988 Adopted by the Board of Commissioners April 26,-1988 Recorded by Lenita Smith, City Clerk, April 26, 1988 Published by The Paducah Sun May 2, 1988 ATTEST: LENITA SMITH City Clerk ORD7