Chapter 4 Generally Applicable Development Standards Appendix 4G Floodplain Management Page 2 of 3

FLOOD HAZARD REDUCTION PROVISIONS
1. Local Regulatory Conveyance Zone
  1. No development, shall occur in the local regulatory conveyance zone except as approved in a permit issued by the administering agency and are
    1. Detention, retention, or other stormwater, flood control, or water quality facilities which are beneficial to the stream corridor and riparian environment or
    2. Uses consisting of open space which are in conformance with the Zoning Regulations of Louisville and Jefferson County and are associated with bona fide agriculture, silviculture, recreation, parking, and storage that whether in place or dislodged would not contribute to an increase in the local regulatory base flood elevation or
    3. Necessary for navigation and waterborne freight handling or
    4. Necessary for transportation or utility crossings or
    5. Structures related to those in (ii) or (iii) above so long as the structures are designed, constructed and sited so as to offer the minimum obstruction to flows during a local regulatory flood or
    6. Functionally dependent facilities which considered alone or with development up and down stream and across the stream are not likely to contribute to an increase in the local regulatory base flood elevation.
  2. No permit shall be required for
    1. Customary and incidental routine grounds maintenance, landscaping, and home gardening which does not require zoning approval, a zoning variance or a building permit and which does not affect stormwater drainage entering or leaving any public right-of-way or
    2. Emergency repairs of a temporary nature made on public or private property which are necessary for the preservation of life, health or property, and which are made under such circumstances where it would be impossible or impracticable to obtain a floodplain permit or
    3. Temporary excavation for the purpose of repairing or maintaining any public street, public utility facility or any service lines related thereto.
  3. No person shall store materials, which are flammable, explosive, reactive, toxic, corrosive or because of their buoyancy or other properties may be injurious to human, animal or plant life in the local regulatory conveyance zone.
2. Streams
  
  For "solid blue line streams"
  1. Notwithstanding anything in this Part C to the contrary, no relocation, channelization, or stripping of the stream, stream banks, or channel shall occur except for public projects such as road crossings, installation of utilities, flood control measures, drainage and outfall pipes, detention basins, retention basins or water impoundments and for projects with benefit to the public in preventing flooding provided such projects are essential to protect the health, safety, and welfare of local residents, such projects are the only alternative which is viable, and all exceptions are approved by the administering agency, the Louisville and Jefferson County Planning Commission, the Kentucky Division of Water, and if applicable, the U. S. Army Corps of Engineers.
  2. A natural vegetation buffer strip shall be preserved at least twenty-five feet on each side of the stream bank as defined by the hydraulic model of the channel. In areas not already disturbed by urban, suburban, or agricultural land uses prior to the effective date of this ordinance, existing over story and under story trees shall be preserved and shrubs and ground covers shall be maintained along the stream bank sufficient to naturally maintain the integrity of the channel.
  3. When removal of vegetation within the buffer strip specified in (ii) above is necessary for the location and construction of a public project or project with benefit to the public in preventing flooding described in 2 (a) above, native vegetation which thrives in riparian environments shall be replanted prior to completion of construction sufficient to naturally maintain the integrity of the channel.
3. Local Regulatory Floodplain
  1. Floodplain Permit.
    
    No person shall begin development in the local regulatory floodplain unless and until a floodplain permit has been issued by the administering agency.
  2. Required Issuance.
    
    The administering agency shall issue a floodplain permit for
    1. Development, not including critical facilities, for use as a residence
      1. consisting of new construction or substantial improvement where the lowest floor including the basement if any is elevated at least one foot above the local regulatory base flood elevation or
      2. consisting of existing development other than substantial improvement which
        
        replaces or repairs the pre-existing condition of development or constructs additions or remodeling which do not constitute substantial improvement without diminishing the storage capacity or the amount and velocity of the transmission of flood waters through the local regulatory floodplain from what was present prior to the replacement or repair or
        
        floodproofs the existing development below the local regulatory base flood elevation plus one foot so that those areas including all mechanical and utility equipment below the required elevation are watertight with walls substantially impermeable to the passage of water and structural components are used which have the capability to resist hydrostatic and hydrodynamic loads and the effects of buoyancy which capabilities shall be certified by a registered professional engineer or architect and provided to the administering agency and
        
        floodproofs any addition or elevates it no less than one foot above the local regulatory base flood elevation
      3. consisting of emplacing a manufactured home
        
        in an existing manufactured home park which
        
        elevates the lowest floor of the manufactured home at least one foot above the local regulatory base flood elevation or
        
        supports the manufactured home chassis by reinforced piers or other foundation elements of at least an equivalent strength of no less than 36 inches in height above grade,
        
        and in either (a) or (b) above, firmly anchors the manufactured home to the securely anchored foundation so as to resist flotation, collapse and lateral movement.
        
        in a newly constructed or substantially improved or expanded manufactured home park or the new construction or substantial improvement or expansion of such a manufactured home park which
        
        emplaces the manufactured home on a building pad which is raised no less than one foot above the local regulatory base flood elevation and
        
        firmly anchors the manufactured home to the securely anchored foundation so as to resist flotation, collapse and lateral movement.
        
        In an existing new or expanded manufactured home park where the owner notifies all owners or lessees of manufactured homes to be located in the manufactured home park of the requirements of this section C3(b)(I)(C) and insures their compliance with those requirements.
      4. On any lot created after the effective date of this ordinance, no new construction shall occur unless access to the lot is available from a road which is at or above the local regulatory base flood elevation.
    2. Development, other than a critical facility, for all other uses
      1. where the lowest floor including basement if any and all mechanical and utility equipment are elevated at least one foot above the local regulatory base flood elevation or
      2. where development consists of new construction or substantial improvement where the portion of the new construction or substantial improvement below the local regulatory base flood elevation plus one foot is floodproofed so that those areas including all mechanical and utility equipment below the required elevation are watertight with walls substantially impermeable to the passage of water and structural components are used which have the capability to resist hydrostatic and hydrodynamic loads and the effects of buoyancy which capabilities shall be certified by a registered professional engineer or architect and provided to the administering agency.
      3. existing development not consisting of substantial improvement which
        
        replaces or repairs the pre-existing condition of development without diminishing the storage capacity or the amount and velocity of the transmission of flood waters through the local regulatory floodplain from what was present prior to the replacement or repair or
        
        floodproofs the existing development as repaired or replaced in accordance with the standard provided in section (ii)(B) above, and
        
        floodproofs any addition or elevates it no less than one foot above the local regulatory base flood elevation
    3. Development for Critical Facilities.
      1. a critical facility consisting of substantial improvement so long as it meets the other requirements of this section (ii)(A) and (B) provided that the lowest floor including the basement if any is elevated at least one foot above the local regulatory base flood elevation and it has at least one access road capable of supporting a vehicle weighing 12,500 pounds which road is connected to land outside the local regulatory floodplain and the top of which road is no lower than one foot above the local regulatory base flood elevation.
      2. a critical facility not consisting of new construction or substantial improvement which
        
        replaces or repairs the pre-existing condition of development without diminishing the storage capacity or the amount and velocity of the transmission of flood waters through the local regulatory floodplain from what was present prior to the replacement or repair or
        
        floodproofs the existing development as repaired or replaced in accordance with the standard provided in section (ii)(B) above, and
        
        floodproofs any addition or elevates it no less than one foot above the local regulatory base flood elevation.
  3. Permissive Issuance.
    
    The administering agency may issue a floodplain permit if the proposed development is consistent with the purposes of this ordinance and the factors listed below have been considered and either avoided or mitigated:
    1. the danger to life and property presented by a local regulatory flood;
    2. the susceptibility of the proposed facility and its contents to damage from a local regulatory flood and the effect of such damage on the individual owner;
    3. the danger that in a local regulatory flood materials may be swept onto other lands to the injury of others;
    4. the safety of access to the property in times of a local regulatory flood for ordinary and emergency vehicles;
    5. the costs and feasibility of providing governmental services during and after a local regulatory flood, including fire protection, emergency medical services, police protection, maintenance and repair of streets and bridges and of providing safely operating public utilities and facilities such as sewer, gas, electrical and water systems;
    6. the expected heights, velocity, duration, rate of rise and sediment transport of the waters from a local regulatory flood expected at the site.
  4. General Provisions.
    1. For a floodplain permit issued under either (b) or (c) above, any Part of the development which is elevated above the adjacent grade
      1. If solid foundation perimeter walls are to be used to elevate the structure above the local regulatory base flood elevation,
        
        There shall be provided openings sufficient to facilitate the unimpeded movement of flood waters and equalize hydrostatic flood forces on exterior walls which capabilities shall be certified to the administering agency by a professional engineer or architect or which designs shall provide openings in each wall having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding, and the bottom of all openings shall be no higher than one foot above grade; and openings equipped with screens, louvers, valves or other coverings or devices shall permit the automatic flow of flood waters in both directions, an
        
        All space within the area created by the solid perimeter walls shall be designated undevelopable space with a restriction recorded with the deed of such designation evidence of which recorded restriction shall be provided to the administering agency before approval of the floodplain permit, and
        
        The interior portion of the area shall not be partitioned or finished into separate rooms.
      2. If piers, posts or columns are to be used to achieve the elevation, the area encompassed by the piers, posts or columns shall not be designated living space, but shall be designated undevelopable space and shall be so restricted on the deed to the property filed in the Office of the Clerk of Jefferson County, the pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse and lateral movement due to effects of water load which values shall be those associated with a local regulatory base flood, and the design shall be certified by a registered engineer as meeting accepted standards of practice for such structures. Breakaway walls shall be non-supporting and designed to collapse without causing collapse or displacement or other structural damage of the elevated building.
    2. For a floodplain permit issued under Section C3(b) or (c) above, any development which displaces any storage capacity for floodwaters in the local regulatory floodplain shall provide floodplain storage compensation.
    3. No floodplain permit shall be issued under Section C3(b) or (c) above for development constituting substantial improvement or repairs or replacement on existing development to be used for storage of materials which are flammable, explosive, reactive, toxic, corrosive or because of their buoyancy or other properties may be injurious to human, animal or plant life unless plans have been presented by the permit applicant acceptable to the administering agency to keep the materials secure, to anchor the containers so they do not float away and to prevent spillage or leakage in the event of flooding and such plans have been attached to the floodplain permit as conditions, provided that occupants of properties zoned for residential use may store de minimis quantities of these materials sufficient for the occupants' personal use on the property.
    4. Except for police stations and fire stations, no new construction of critical facilities shall occur in the local regulatory floodplain and no elevation shall be permitted for new construction of critical facilities (except for police stations and fire stations) to raise them above the local regulatory base flood elevation.
  5. Certificate of Elevation.
    1. No person shall allow or permit construction to proceed beyond the lowest floor until a registered land surveyor or registered engineer has submitted to the administering agency a certificate of elevation on a form approved by FEMA stating the elevation of the lowest floor and that it conforms to the requirements of the floodplain permit regarding the elevation of the lowest floor.
    2. No person shall use or occupy a structure which by terms of the floodplain permit is to be floodproofed until a registered engineer or architect licensed in the Commonwealth has completed and filed with the administering agency a certificate of floodproofing on a form approved by FEMA.
  6. Expiration of Floodplain Permit.
    
    If the holder of a floodplain permit has not commenced construction within one (1) year from the date of its issuance by the administering agency, the floodplain permit shall expire and no development shall be permitted on the subject property unless and until a new floodplain permit is issued, provided that the term of an approved floodplain permit may be extended if the assumptions under which the permit was issued remain valid and the extension is approved in writing by the administering agency before the floodplain permit expires with no more than two one-year extensions to be approved. Demolition, site clearing, and site preparation do not constitute commencing construction for the purpose of this section.
  7. Conformance with Floodplain Permit.
    
    No person who has obtained a floodplain permit shall construct development except in accordance with its terms.
  8. Nonconforming Use.
    
    An existing development which was lawful on the effective date of this ordinance but which is not in conformity with the provisions of this ordinance may be continued so long as
    1. the existing development is not expanded or enlarged except in conformity with the provisions of this ordinance and
    2. any alteration, addition or repair of the existing development, either which was the consequence of damage from any source equal to fifty (50%) percent or more of the value of the existing development immediately before the damage occurred or which involves a cost in excess of fifty (50%) percent of the market value of such existing development and in either case is made only in conformity with the provisions of this ordinance.
4. Consent to Public Construction
  
  Notwithstanding any provision in this ordinance to the contrary, no structure or improvement shall be constructed nor change in topography imposed nor shall any other development be carried out by any public entity without specific consent's having been granted by the property owner or its designee or agent or by a Court in a legal proceeding separate and apart from this ordinance nor shall any use be made of the property by any public entity without specific consent for such use having been granted by the property owner or its designee or agent or by a Court in a separate legal proceeding. This section applies only to this ordinance and the activities and facilities provided for by the terms of this ordinance.