General Provisions

153.01 Application
153.02 Definitions
153.03 Lands to which this chapter applies
153.04 Basis for establishing the areas of special flood hazard
153.05 Establishment of development permit
153.06 Compliance
153.07 Abrogation and greater restrictions
153.08 Interpretation
153.09 Warning and disclaimer of liability

Administration

153.20 Designation of local administrator
153.21 Permit procedures
153.22 Duties and responsibilities of the local administrator
153.23 Variance procedures

Provisions for Flood Hazard Reduction

153.35 General standards
153.36 Specific standards
153.37 Standards for streams without established base flood elevation and/or floodways (un-numbered a zone)
153.38 Standards for subdivision proposals
153.99 Penalty

GENERAL PROVISIONS

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city as identified by the Federal Insurance Administration, and: mandates that no structure or land in said areas shall hereafter be located, or extended, converted or structurally altered without compliance with its provisions; requires the obtaining of a permit from the Mayor as administrator and the Kentucky Division of Water; permitting of manufactured homes within areas of special flood hazard; requires that all new construction and substantial improvements be constructed with materials and utility equipment resistant to flood damage; provides that in all areas of special flood hazard, the lowest floor of any residential structure constructed or substantially improved shall have the lowest floor elevated to or above base flood elevation - or have said floor flood proofed.

(Ord. No. 1998-8, passed 10-21-98) Penalty, see § 153.99

Unless specially 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)." Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.

"APPEAL." A request for a review of Planning and Zoning’s interpretation of any provision of this chapter or a request for a variance.

"AREA OF SHALLOW FLOODING." A designated AO 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 indeterminate, and where velocity flow may be evident.

"AREA OF SPECIAL FLOOD HAZARD." The land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

"BASE FLOOD." The flood having a one percent chance of being equaled or exceeded in any given year.

"BASEMENT." That portion of a building having its floor subgrade (below ground level) on all sides.

"BREAKAWAY WALL." 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." A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities of infrastructures.

"DEVELOPMENT." 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 or equipment.

"ELEVATED BUILDING." A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, piling, columns (post and piers), shear walls, or breakaway walls.

"EXISTING CONSTRUCTION." Any structure for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. "EXISTING CONSTRUCTION" may also be referred to as "EXISTING STRUCTURES."

"EXISTING MANUFACTURED HOME PARK OR SUBDIVISION." A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at 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 based on specific technical base flood elevation data which established the area of special flood hazards.

"EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION." The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"FLOOD" OR "FLOODING." A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) the overflow of inland or tidal waters; or

(2) the unusual and rapid accumulation or runoff of surface waters from any source.

"FLOOD HAZARD/BOUNDARY MAP (FHBM)." 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)." 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." 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." 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." The top surface of an enclosed area in a building (including basement), i.e., top of slab 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." 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 unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities.

"HIGHEST ADJACENT GRADE." The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a building.

"HISTORIC STRUCTURE." Any structure that is:

        (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

        (2) 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;

        (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

        (4) 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." 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 requirements.

"MANUFACTURED HOME." 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.

"MEAN SEA LEVEL." The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. 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 establishing varying elevations within the floodplains.

"NEW CONSTRUCTION." Structures for which the "START OF CONSTRUCTION" commenced on or after the effective date of the city’s floodplain management regulations and includes any subsequent improvements to such structures.

"NEW MANUFACTURED HOME PARK OR SUBDIVISION." A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of Planning and Zoning’s floodplain management regulations.

"100 YEAR FLOOD." see "BASE FLOOD."

"RECREATIONAL VEHICLE." A vehicle which is:

        (1) Built on a single chassis;

        (2) 400 square feet or less when measured at the largest horizontal projection;

        (3) Designed to be self-propelled or permanently towable to a light duty truck; and

        (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"START OF CONSTRUCTION." 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 building (including a manufactured home) on a site such as the pouring of slabs or footing, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, 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 building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"STRUCTURE." 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." Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

"SUBSTANTIAL IMPROVEMENT." Any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a five year period, in which the cumulative cost equals or exceeds 50% of the market value of the building. The market value of the building should be either the appraised value of the building prior to the start of the initial repair or improvement, or, in the case of damage, the value of the building 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, "SUBSTANTIAL IMPROVEMENT" is considered to occur when the 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 building. The term does not, however, include either: (1) any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement official and 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." Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities, and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

"VARIANCE." A grant of relief from the requirements of this chapter, which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship. (Ord. No. 1998-8, passed 10-21-98)

GENERAL PROVISIONS

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city.  (Ord. No. 1998-8, passed 10-21-98)

The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study Flood Hazard Boundary Map/Flood Insurance Rate Map with accompanying maps and other supporting data, and any revision thereto, are adopted by reference and declared to be a part of this chapter.
(Ord. No. 1998-8, passed 10-21-98)

A Development Permit shall be required in conformance with the provision of this chapter prior to the commencement of any development activities.
(Ord. No. 1998-8, passed 10-21-98) Penalty, see § 153.99

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.  (Ord. No. 1998-8, passed 10-21-98) Penalty, see § 153.99

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.
(Ord. No. 1998-8, passed 10-21-98)

In the interpretation and application of this chapter, all provisions shall be:

(A) Considered as minimum requirements;

(B) Liberally construed in favor of the governing body; and

(C) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. No. 1998-8, passed 10-21-98)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on 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 or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. No. 1998-8, passed 10-21-98)

ADMINISTRATION

A Zoning Administrator is hereby appointed to administer and implement the provisions of this chapter.  (Ord. No. 1998-8, passed 10-21-98)

Application for a development permit shall be made to the Zoning Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

(A) Application Stage:

        (1) Elevation in relation to Mean Sea Level of the proposed lowest floor (including basement) of all buildings;

        (2) Elevation in relation to Mean Sea Level to which any non-residential building will be flood-proofed;

        (3) Certificate from a registered professional engineer or architect that the non-residential flood-proofed building will meet the flood-proofing criteria in § 153.36(B); and

        (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(B) Construction Stage:

        (1) Provide a floor elevation or flood-proofing certification after the lowest floor is completed. Upon placement of the lowest floor, or flood-proofing by whatever construction means, it shall be the duty of the permit holder to submit to the zoning administrator a certification of the elevation of the lowest floor or flood-proofed elevation, as built, in relation to Mean Sea Level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same.

        (2) When flood-proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to the submission of the certification shall be at the permit holder’s risk. The Zoning Administrator shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.
(Ord. No. 1998-8, passed 10-21-98)

The duties of the Zoning Administrator shall include, but not be limited to:

(A) Reviewing all development permits to assure that the permit requirements of this chapter have been satisfied;

(B) Advising permittees that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit.

(C) Notifying adjacent communities and the Kentucky Division of Water prior to any alteration or relocation of the watercourse, and submitting evidence of such notification to the Federal Emergency Management Agency;

(D) Assuring that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;

(E) Verifying and recording the actual elevation (in relation to Mean Sea Level) of the lowest floor (including basement) of all new or substantially improved building, in accordance with § 153.21(B);

(F) Verifying and recording the actual elevation (in relation to Mean Sea Level) to which the new or substantially improved buildings have been floodproofed, in accordance with º 153.21(B);

(G) When flood-proofing is utilized for a particular building, the Zoning Administrator shall obtain certification from a registered professional engineer or architect, in accordance with § 153.36(B);

(H) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Zoning Administrator 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 subchapter;

(I) When base flood elevation data or floodway data have not been provided in accordance with § 153.04 of this chapter then the Zoning Administrator 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 §§ 153.35 et seq.; and

(J) All records pertaining to the provisions of this chapter shall be maintained in the office of Zoning Administrator and shall be open for public inspection.
(Ord. No. 1998-8, passed 10-21-98)

(A) The Board of Adjustment as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter.

(B) The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Zoning Administrator in the enforcement or administration of this chapter.

(C) Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Circuit Court, as provided in Kentucky Revised Statutes.

(D) Variances may be issued for the repair or rehabilitation of historic structures (see definition) upon determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.

(E) In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:

        (1) The danger that materials may be swept onto other lands to the injury of others;

        (2) The danger to life and property due to flooding or erosion damage;

        (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

        (4) The importance of the services provided by the proposed facility to the community;

        (5) The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;

        (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

        (7) The compatibility of the proposed use with existing and anticipated development;

        (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

        (9) The safety of access to the property in times of flood for ordinary and emergency vehicles;

        (10) 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,

        (11) 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.

(F) Upon consideration of the factors listed above, and the purpose of this chapter, the Board of Adjustment may attach such conditions to the granting of variances, as it deems necessary to further the purposes of this chapter.

(G) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(H) Conditions for Variances:

        (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building;

        (2) Variances shall only be issued upon:

            (a) A showing of good and sufficient cause;

            (b) A determination that failure to grant the variance would result in exceptional hardship; and

            (c) 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;

        (3) 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 building 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; and

        (4) The Zoning Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.  (Ord. No. 1998-8, passed 10-21-98)

PROVISIONS FOR FLOOD HAZARD REDUCTION

In all areas of special flood hazard the following provisions are required:

(A) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;

(B) 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;

(C) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

(D) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

(E) 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 of flooding;

(F) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(G) 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;

(H) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;

(I) Any alteration, repair, reconstruction or improvements to a building, which is not in compliance with the provisions of this chapter, shall meet the requirements of new construction as contained in this chapter; and

(J) Any alteration, repair reconstruction or improvement to a building, which is not in compliance with the provisions of this chapter, shall be undertaken only if said non-conformity is not furthered, extended, or replaced.
(Ord. No. 1998-8, passed 10-21-98) Penalty, see § 153.99

In all areas of special flood hazard where base flood elevation data have been provided, as set forth in § 153.04 or § 153.22 of this chapter, the following provisions are required:

(A) Residential construction - New construction or substantial improvement of any residential building (or manufactured home) shall have the lowest floor, including basement elevated zero feet 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 subdivision (C) of this section;

(B) Non-Residential Construction - New construction or substantial improvement of any commercial, industrial, or non-residential building (or manufactured home) shall have the lowest floor, including basement, elevated one foot above the base flood elevation. Buildings located in all A-Zones may be flood-proofed in lieu of being elevated, provided that all areas of the building below the required elevation are water tight with walls substantially impermeable to the passage of water and use structural components 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 provision are satisfied. Such certification shall be provided to the official as set forth in 153.22(G) of this chapter.

(C) 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.

        (1) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

            (a) 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;

            (b) The bottom of all openings shall be no higher than one foot above grade; and,

            (c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.

        (2) 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, the interior portion of such enclosed area shall not be partitioned or finished into separate rooms.

(D) Standards for manufactured homes and recreational vehicles:

        (1) All manufactured homes placed or substantially improved outside of a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured 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 construction, including elevation and anchoring.

        (2) All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that:

            (a) The lowest floor of the manufactured home is elevated to or above the level of the base flood elevation; or

            (b) 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;

            (c) The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement; and

            (d) In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, any manufactured home placed or substantially improved must meet the standards of §§ 153.36(D) (2)(a) and (c) above.

        (3) All recreational vehicles placed on sites must either:

            (a) Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use; or

            (b) Meet the permit requirements for new construction, including anchoring and elevation requirements for manufactured homes.

        (4) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

(E) Floodway - Located within areas of special flood hazard established in § 53.04, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply:

        (1) Prohibited are encroachments, including fill, new construction, substantial improvements and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrences of base flood discharge;

        (2) If § 153.36(D)(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this subchapter. (Ord. No. 1998-8, passed 10-21-98) Penalty, see § 153.99

Located within the areas of special flood hazard established in § 153.04, where streams exist but where no base flood data has been provided or where base flood data has been provided without floodways, the following provisions apply:

(A) No encroachments, including fill material or structures shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles; and

(B) New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with § 153.22(1).
(Ord. No. 1998-8, passed 10-21-98) Penalty, see § 153.99

(A) All subdivision proposals shall be consistent with the need to minimize flood damage.

(B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(D) 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 of five acres.
(Ord. No. 1998-8, passed 10-21-98)

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 a provision of this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than 30 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful actions as is necessary to prevent or remedy any violation.
(Ord. No.1998-8, passed 10-21-98)

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