HomeMy WebLinkAbout92-8-4821611
ORDINANCE NO. 92-8-4821
AN ORDINANCE AMENDING CHAPTER 12 1/2, FLOOD DAMAGE
PREVENTION, BY CREATING SECTIONS 12 1/2-1, FINDINGS OF FACT;
12 1/2-2, STATEMENT OF PURPOSE; AND AMENDING SECTIONS 12
1/2-11, DEFINITIONS; 12 1/2-24, GENERAL STANDARDS; AND
12 1/2-25, SPECIFIC STANDARDS; 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, disrup-
tion 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 flood -
plains, causing increases in flood heights and velocities, and
by the occupancy in flood hazard areas by uses vulnerable to
floods or hazardous to other lands which are inadequately
elevated, flood -proofed, or otherwise 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 loses 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 unnatu-
rally divert flood waters or which may increase flood hazards
to other lands.
WHEREAS, the Legislature of the State of Kentucky has
in Kentucky Revised Statutes 100 delegated the responsibility
to local governmental units to adopt regulations designed to
promote the public health, safety, and general welfare of its
citizenry.
612
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 12 1/2-1, Findings of Fact,
of the Code of Ordinances of the City of Paducah, Kentucky, is
hereby created to read as follows:
"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."
SECTION 2. That Section 12 1/2-2, Statement of
Purpose, of the Code of Ordinances,of the City of Paducah,
Kentucky, is hereby created to read as follows:
"It is the purpose of this ordinance 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:
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 heights or veloci-
ties;
require that uses vulnerable to
floods, including facilities
which serve such uses, be pro-
tected against flood damage at
the time of initial construc-
tion;
(3Z control the alteration of
natural floodplains, stream
channels, and natural protective
barriers which are involved in
the accommodation of flood
waters;
control filling, grading,
dredging and other development
which may increase erosion or
flood damage; and
prevent or regulate the con-
struction of flood barriers
which will unnaturally divert
flood waters or which may
increase flood hazards to other
lands."
SECTION 3. That Section 12 1/2-11, Definitions, of
the Code of Ordinances of the City of Paducah, Kentucky, is
hereby amended to read as follows:
613
"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 perime-
ter 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 unpre-
dictable and indeterminate, and where velocity flow may be
evident.
Area of special flood hazard is the land in the
floodplain within a community subject to a one percent or
greater chance of flooding in any given year.
Base flood means the flood having a one percent
chance of being 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.
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, build-
ings 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
i
means of fill, solid foundation perimeter walls, pilings,
columns (posts and piers), shear walls, or breakaway walls.
Existing construction means 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."
614
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Existing manufactured home park or subdivision means
a manufactured home park or subdivision for which the construc-
tion of facilities for servicing the lots on which the manufac-
tured 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 means 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 installa-
tion of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
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 of runoff of
surface waters from any source.
Flood Hazard Boundary Map (FHBM) means an official
map of a community, issued by 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) means an official 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 con-
tains 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 basement), i.e., top of slab in concrete
l�
slab construction or top of wood flooring in wood frame con-
r
struction. The term does not include the floor of a garage
used solely for parking vehicles.
615
Functionally dependent facility means a facility
which cannot be used for its intended purpose unless it is
located or carried out in close proximity to water, such as a
docking or port facility necessary for the loading and unload-
ing of cargo or passengers, shipbuilding, ship repair, or
seafood processing facilities. The term does not include
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.
Historic structure means any structure that is:
(1Z Listed individually in the National Register of
Historic Places (a listing maintained by the
Department of Interior) or preliminarily deter-
mined by the Secretary of the Interior as
meeting the requirements for individual listing
on the National Register;
(2Z 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;
Individually listed on a state inventory of
historic places in states with historic preser-
vation programs which have been approved by the
Secretary of the Interior; or
(4Z 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.
Lowest floor means the lowest floor of the lowest
enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking of vehicles,
building access or storage in an area other than a basement
area is not considered a building's lowest floor; provided,
that such enclosure is not built so as to render the structure
in violation of the applicable non -elevation design require-
ments of 60.3.
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
616
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.
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).
National Geodetic Vertical Datum (NGVD) as corrected
in 1929 is a vertical control used as a reference for estab-
lishing 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 and includes any subsequent improvements
to such structures.
New manufactured home park or subdivision means a
manufactured home park or subdivision for which the construc-
tion of facilities for servicing the lots on which the manufac-
tured 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 chapter's
floodplain management regulations.
100 Year Flood see Base Flood.
Recreational vehicle means a vehicle which is:
(1) built on a single chassis;
400 square feet or less when measured at the
largest horizontal projection;
(3) designed to be self-propelled or permanently
towable to light duty truck; and
(4Z designed primarily not for use as a permanent
dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Start of construction (for other than new construc-
tion 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 founda-
tion. Permanent construction does not include land prepara-
tion, such as clearing, grading and filling; nor does it
617
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; not does it
include the installation on the property of accessory build-
ings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improve-
ment, the actual start of construction means the first altera-
tion of any wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects the external
dimensions of the building.
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 damage means damage of any original
sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed
50 percent of the market value of the structure before the
damage occurred.
Substantial improvement means any combination of
repairs, reconstruction, alteration, or improvements to a
structure, taking place during the life of a 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. This term includes structures which have
incurred "substantial damage" regardless of the actual repair
work performed. For the purposes of this definition, "substan-
tial improvement" is considered to occur when the first altera-
tion of any wall, ceiling, floor, or other structural part of
the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not,
however, include either: (1) any project for improvement of a
structure required to comply with existing health, sanitary, or
safety code specifications which are solely 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."
Substantially.improved existing manufactured home
parks or subdivisions is where the repair, reconstruction,
rehabilitation or improvement of the streets, utilities, and
pads equals or exceeds 50 percent of the value of the streets,
utilities and pads before the repair, reconstruction or im-
provement commenced.
I . i , ,. i .. . ,-.1. _ r, -r r� ' .",. f i---_.-- _77
RM
Variance is a grant of relief from the requirements
of this chapter which permits construction in a manner other-
wise prohibited by this chapter where specific enforcement
would result in unnecessary hardship."
SECTION 4. That Section 12 1/2-24, General Stan-
dards, of the Code of Ordinances of the City of Paducah,
Kentucky, is hereby amended to read as follows:
"In all areas of special flood hazard the following
provisions are required:
(1) New construction and substantial improvements
shall be anchored to prevent flotation, collapse
or lateral 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 -top or frame ties to
ground anchors. This standard shall be in
addition to and consistent with applicable state
requirements for resisting wind forces;
(3) New construction and substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage;
(4) New construction or substantial improvements
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 accumulat-
ing within the components during conditions of
flooding;
(6) New and replacement water supply systems shall
be designed to minimize or eliminate infiltra-
tion 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 floodings/AAd;
(9) Any alteration, repair, reconstruction or
improvements to a structure which is in compli-
ance with the provisions of this chapter, shall
meet the requirements of "new construction" as
contained in this chapter.
620
(10) Any alteration, repair, reconstruction or
improvements to a building which is not in
compliance with the provisions of this ordi-
nance, shall be undertaken only if said noncon-
formity is not furthered, extended, or re-
placed."
SECTION 5. That Section 12 1/2-25, Specific Stan-
dards, of the Code of Ordinances of the City of Paducah,
Kentucky, is hereby amended to read as follows:
"In all areas of special flood hazard where base
flood elevation data have been provided, as set forth in
Section 12 1/2-13 or Section 12 1/2-22(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, opening sufficient to facilitate the
unimpeded movements of flood waters shall be
provided in accordance with standards of Section
12 1/2-25(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. Structures located 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, and use structural compo-
nents having the capability of resisting
hydrostatic and hydrodynamic loads and the
effect of buoyancy. A registered professional
engineer or architect shall certify that the
standards of this subsection are satisfied.
Such certification shall be provided to the
official as set forth in Section 12 1/2-21.
(3) Elevated Buildings. New construction or sub-
stantial improvements of elevated buildings that
include fully enclosed areas formed by founda-
tion and other exterior walls below the base
flood elevation shall be designed to preclude
- -,- .T n .. ... _ . — -
621
finished living space and designed to allow for
the entry and exit of floodwaters to automati-
cally equalize hydrostatic flood forces on
exterior walls.
(a) Designs for complying with this requirement
must either be certified by a professional
engineer or architect or meet the following
minimum criteria:
(1) Provide a minimum of two openings
having a total net area of not less
than one square inch for every square
foot of enclosed area subject to
flooding;
(2) The bottom of all openings shall be no
higher than one foot above grade; and,
(3) 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) 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 limited 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."
Standards for Manufactured Homes and Recreation-
al Vehicles.
(a) All manufactured homes placed or substan-
tially improved
outside of a manufactured home park or
subdivision;
in a new manufactured home park or
subdivision;
in an expansion to an existing manu-
factured home park or subdivision; or
in an existing manufactured home park
or subdivision on which a manufactured
home has incurred "substantial damage"
as the result of a flood, must meet
all the requirements for new construc-
tion, including elevation and anchor-
ing-
(b)
All manufactured homes placed or substan-
tially improved in an existing manufactured
home park or subdivision must be elevated
so that:
ill the lowest floor of the manufactured
home is elevated to or above the level
of the base flood elevation, or
(21 the manufactured home chassis is
supported by reinforced piers or other
foundation elements of at least an
equivalent strength, of no less than
36 inches in height above grade.
the manufactured home must be securely
anchored to the adequately anchored
foundation system to resist flotation,
collapse and lateral movement.
In an existing manufactured home park
or subdivision on which a manufactured
home has incurred 'substantial damage'
as the result of a flood, any manufac-
tured home placed or substantially
improved must meet the standards of
Section 12 1/2-25.4 b.l and b.3 above.
Lqj All recreational vehicles placed on sites
must either:
be on the site for fewer than 180
consecutive days,
be fully licensed and ready for
highway use, or
meet the permit requirements for new
construction, including anchoring and
elevation requirements for "manufac-
tured homes".
A recreation vehicle is ready for highwa
use if it is on its wheels or jacking
system, is attached to the site only by
quick disconnect type utilities and securi-
tv devices and has no permanently attached
additions.
til (5) Floodways. Located within areas of special
flood hazard established in Section 12 1/2-13
are areas designated as floodways. Since the
622
623
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:
(a) Prohibit encroachments, including fill, new
construction, substantial improvements and
other developments unless certification
(with supporting technical data) by a J
registered professional engineer is provid-
ed demonstrating that encroachments shall
not result in any increase in flood levels
during occurrence of the base flood dis-
charge;
(b) If Section 12 1/2-25til(5) is satisfied,
all new construction and substantial
improvements shall comply with all applica-
ble flood hazard reduction provisions of
Article 5.
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SECTION 6. This ordinance shall be read on two
separate days and will become effective upon summary publica-
tion pursuant to KRS Chapter 424.
li
GE Y B.MO TGOMERY
Mayor
Introduced by the Board of Commissioners August 11, 1992
Adopted by the Board of Commissioners August 25, 1992
Recorded by Lenita Smith, City Clerk, August 25, 1992
Published by The Paducah Sun August 29, 1992.
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