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Cadiz City Zoning Code

FLOOD PLAINS

§ 151.095 GENERAL PROVISIONS.

   (A)   The designation of Floodplain Districts and the regulations imposed on this overzone are designed to:
      (1)   Protect human life and health;
      (2)   Minimize public and private property damage;
      (3)   Protect individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards;
      (4)   Minimize surface and ground water pollution and erosion of the floodplain soils which will adversely affect human, animal or plant life;
      (5)   Control development which will, when acting alone or in combination with similar development, create an unjustified demand for public investment in flood control works by requiring that users vulnerable to floods, including public facilities which serve such uses, shall be protected against flood damage at the time of initial construction and which cause additional flood losses if public streets, sewer, water and other utilities must be extended below the flood level to serve the development which creates an additional burden to the storm sewer systems and that which creates an additional burden to the public for business interruptions, disruption of transportation routes, interference with utility services and other factors that result in the loss of wages, sales production and tax revenue;
      (6)   Provide for public awareness of the flooding potential;
      (7)   Control the uses allowed within the flood hazard areas, such as fill, dumping, storage of materials, structures, buildings and other works which, acting alone or in combination with existing or future uses, would cause damaging flood heights and velocities by obstructing flows and reducing valley storage in the flood heights and velocities by obstructing flows and reducing valley storage in the flood hazard areas.
   (B)   These goals will be accomplished by:
      (1)   Restricting or prohibiting 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 and velocity;
      (2)   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
      (3)   Controlling the alteration of natural protective barriers which are involved in a combination of floodwaters;
      (4)   Controlling filling, grading, dredging and other development which may increase erosion or flood damage;
      (5)   Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
   (C)   The boundaries of the Floodplain Overzone shall be determined by scientific and engineering studies prepared by the Federal Insurance Administration employing customarily accepted scientific and engineering practices of flood protection, etc., and the results thereof shall be plotted on the official zoning map for Cadiz. Boundaries for construction or use restrictions set forth within this chapter shall be determined by scaling distances on the official zoning map. where interpretation is needed in order to allow a surveyor to locate the exact boundaries of the overzone as shown on the official zoning map, the administrative officer shall initially make the necessary interpretation based on flood profile information.
(Ord. 722, passed 7-11-89)

§ 151.096 ESTABLISHMENT OF FLOODPLAIN OVERZONES.

   (A)   The floodplain areas within the jurisdiction of this chapter are hereby divided into two zones - Floodway Zone (FP-1) and Floodway Fringe Zone (FP-2). The FP-1 zones are adjacent to the stream channel and are the areas of most frequent and severe flooding. This area is required to maintain stream flow at flood stage. The FP-2 zones are areas of streams, overflow and backwater. Construction in the FP-2 zone would not inhibit stream flow nor significantly affect flooding on properties upstream.
   (B)   The overzones established by this chapter shall include all areas designated as floodway on the National Flood Insurance program Flood Boundaries and Floodway Map, City of Cadiz, Kentucky, dated           or an approved subsequent amendment to that map.
   (C)   Where Floodplain Overzone areas are designated, regulations for these areas shall be in addition to the regular zoning district requirements. The floodplain district shall overlay regular zoning districts.
(Ord. 722, passed 7-11-89)

§ 151.097 SPECIFIC STANDARDS.

   In all areas of special flood hazard where an applicant wishes to establish a permitted use, he/she must conform to the following requirements when relevant:
   (A)   Encroachments. All encroachment, including fill, new construction and substantial improvements are prohibited unless permitted by the Kentucky Department of Natural Resources and certification by a registered professional engineer or architect is provided which demonstrates, beyond reasonable doubt, that said encroachments shall not result in an increase of more than a one-foot rise in flood levels during occurrence of the base flood discharge.
   (B)   Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
   (C)   Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or together with attendant utility and sanitary facilities, be flood-proofed so that below the base flood level the structure 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 buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.
(Ord. 722, passed 7-11-89)