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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.
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"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
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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;
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(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.
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(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
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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
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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