The purpose of these standards is to:

1. 1.
   Establish development standards to protect functions and values of environmentally-sensitive features;
2. 2.
   Protect the public and public investment from injury, loss of life, property damage, or financial loss due to flooding, erosion, landslides, soil subsidence, environmental degradation, and steep slope failures;
3. 3.
   Protect unique, fragile and valuable elements of the environment by maintaining and promoting native biodiversity and habitat;
4. 4.
   Prevent cumulative adverse environmental impacts on water quality, ground water, wetlands and aquatic areas; and
5. 5.
   Preserve and enhance the natural beauty of the landscape and open ridgelines.

These standards shall apply to all development in all zoning districts unless otherwise stated.

It is the intent of these regulations to:

1. 1.
   Reduce the alteration of hillside topography through grading and paving;
2. 2.
   Permit development on certain hillside areas by adjusting topography, preserving existing vegetation, and revegetating as needed to address the impacts of construction activities;
3. 3.
   Use the best accepted landscape design, architecture, and civil engineering practices to preserve, enhance, and promote the existing and future appearance and integrity of hillside areas;
4. 4.
   Encouraging the maximum retention of natural topographic features such as natural drainage swales, streams, slope ridge lines, rock outcroppings, vistas from and of the hillsides, trees, and other natural plant formations and to retain the sense of identity and image that the hillside areas now impart to the City.

1. 1.
   Development proposed on land areas identified in the Comprehensive Plan as “Developmentally Sensitive Areas” containing slopes of greater than 20 percent, other areas which have slopes of 20 percent or greater, or which have underlying Kope formations as identified on the Northern Kentucky Geographic Information System shall meet these standards.
2. 2.
   Lots indicated as developmentally sensitive that have been graded and filled prior to a development application and no longer have slopes of 20 percent or greater are subject to the site safety and stability requirements of this section.
3. 3.
   Areas identified in the Comprehensive Plan as Developmentally Sensitive Areas containing unaltered slopes less than 20 percent and that do not contain Kope formations are exempt from these standards.

For applicable areas, the following design element shall apply:

1. 1.
   Design and construction must correct problems related to drainage, erosion, slippage, and other hazards as may be identified during planning or construction.
2. 2.
   Buildings and other improvements should be sited to conform to topography and take advantage of existing site features.
3. 3.
   Grading should conserve natural topographic features and appearances by minimizing the amount of cut and fill and by blending graded slopes and benches with the natural topography; straight graded cut and fill slopes are discouraged.
4. 4.
   Retaining walls should blend with the natural topography and follow existing contours to the greatest extent practicable. Retaining walls that are visible from a public street should have a veneer of natural stone, stained concrete, or earth toned textured surface to help blend the wall with the natural hillside environment and existing character. 

   1. a.
      Structures should be designed and built of materials and use colors that blend into the natural terrain.
   2. b.
      In locations with limited vegetation and open visibility to properties and roadways at lower elevations, additional trees and shrubs may be required to screen the structure.
   3. c.
      Fence lines that are along ridgelines or are highly visible from a distance should be avoided. 
   4. d.
      Existing natural vegetation must be preserved to the greatest extent practicable whenever it is determined that retaining the vegetation is important to slope stability and erosion control.
   5. e.
      The Zoning Administrator may provide relief from zoning requirements such as setbacks, buffer yards, and other dimensional requirements per Section 5.03 to facilitate compliance with the Hillside Development Standards if they would have an egregious effect on the development or use.

For applicable areas, the following site certification process shall apply:

1. 1.
   A subsurface investigation shall be performed by a qualified geotechnical engineer for the area under consideration, including test borings, laboratory tests, engineering tests, and a geological analysis, indicating that any structural or physical changes proposed in the area will be completed in a manner which will minimize hillside slippage or soil erosion.
2. 2.
   In addition to applicable site plans or Final Development Plans, the applicant must submit the following:

   1. a.
      Plan(s) which show existing topography and the proposed physical changes necessary for construction, indicating grading (cutting and filling), compaction, erosion, sedimentation basins, areas to be defoliated, and any other pertinent information which will change the natural physical features of the site or general area.
   2. b.
      A geotechnical investigation for the area under consideration, including test borings, laboratory tests, engineering tests, and a geological analysis. Such investigation shall be made by a qualified geotechnical engineer, indicating that any structural or physical changes proposed in the area will be completed in a manner which will minimize hillside slippage and soil erosion, and prescribe any necessary hillside stabilization and hillside design requirements for the development.
3. 3.
   No excavation, removal, or placement of any soil, foundation placement, or construction of buildings or structures in areas identified as DSA may occur until plans and specifications for such work have been submitted for review.
4. 4.
   At the conclusion of the earthwork operations, a written statement shall be provided by the geotechnical engineer of record that, to the best of their knowledge and belief, all earthwork operations were performed in general conformance with the recommendations contained in the associated geotechnical exploration report. No final zoning approval shall be given until the applicant has provided the final certification of the site by the geotechnical engineer.

1. 1.
   The flood hazard areas of Kenton County are subject to periodic inundation which result 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 which adversely affect the public health, safety, and general welfare.
2. 2.
   These flood losses are caused by the cumulative effect of obstructions in floodplains causing increased flood height and velocity, and by the location in flood hazard areas of uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise protected from flood damage.

It is the purpose of this Ordinance to promote the public health, safety, and general welfare, and to minimize public and private loss due to flooding by provisions designed to:

1. 1.
   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 height or velocity;
2. 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. 3.
   Control the alteration of natural floodplains, stream channels, and natural protective barriers which accommodate or channel flood waters;
4. 4.
   Control filling, grading, dredging, and other development which may increase erosion or flood damage; and
5. 5.
   Prevent or regulate the construction of flood barriers which will unnaturally divert flood water, or which may increase flood hazards to other areas.

These regulations shall apply to all Special Flood Hazard Areas (SFHA), areas applicable to KRS 151.250 and, as determined by the Floodplain Administrator or other delegated, designated, or qualified community official as determined by the legislative body of Kenton County from available technical studies, historical information, and other available and reliable sources, areas within the jurisdiction of the legislative body of Kenton County which may be subject to periodic inundation by floodwaters that can adversely affect the public health, safety, and general welfare of the citizens of Kenton County. Please see Section [RESERVED]​​​​​ for additional standards and limitations on development and alteration in riparian areas.

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for Kenton County, dated May 16, 2013, with the accompanying Flood Insurance Rate Maps (FIRMS), other supporting data and any subsequent amendments, are hereby adopted by reference and declared to be a part of these regulations. This FIS and attendant mapping is the minimum area of applicability of this section and may be supplemented by studies for other areas which allow implementation of this section and which are recommended to the administrative body by the Floodplain Administrator and are enacted by the administrative body pursuant to statutes governing land use management regulations. The FIS and FIRMS are permanent records of Kenton County and are on file and available for review by the public during regular business hours at Planning and Development Services of Kenton County (PDS).

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

1. 1.
   Considered minimum requirements;
2. 2.
   Liberally construed in favor of the governing body; and
3. 3.
   Deemed neither to limit nor repeal any other powers granted under state statutes.

The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside special flood hazard areas or uses permitted within such areas will be free from flooding or flood damage. This section shall not create liability on the part of the Local Floodplain Administrator of Kenton County or any of its officers or employees for any flood damages that result from reliance on this section or any administrative decision lawfully made pursuant to these requirements.

All applications for construction, use, or development subject to floodplain regulations shall be made on forms provided by the Zoning Administrator. Endorsement by the Floodplain Administrator is specifically required prior to application for a state floodplain construction permit. Once a state floodplain permit is issued, the applicant can file for a local floodplain permit.

Upon placement of the lowest floor, and before construction or flood proofing by whatever means continues in areas noted as AE, A1-30, AH, and A zones where a regulatory Base Flood Elevation has been adopted, it shall be the duty of the permit holder to submit a certification of the elevation relative to mean sea level of the lowest floor or flood-proofed elevation, as built, to the Floodplain Administrator and the State. This certification must be sealed and prepared by or under the direct supervision of a registered land surveyor or professional engineer.

1. 1.
   When floodproofing is used the certification must be sealed and prepared by or under the direct supervision of a professional engineer or architect registered in Kentucky. Any work undertaken prior to the submission of the certification shall be at the permit holder’s risk. The Floodplain Administrator shall review the lowest floor and flood proofing 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 required corrections shall be cause to issue a stop-work order for the project.

In all Special Flood Hazard Areas the following standards are required.

1. 1.
   All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. 2.
   Manufactured homes shall be anchored to prevent flotation, collapse, and 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. 3.
   All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
4. 4.
   New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
5. 5.
   Electrical, heating, ventilation, plumbing, air condition equipment, and other service facilities shall be designed and located to prevent water from entering or accumulating within the components during conditions of flooding.
6. 6.
   Within Zones AH or AO, adequate drainage paths are provided around structures on slopes to guide flood waters around and away from proposed structures.
7. 7.
   New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
8. 8.
   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.
9. 9.
   On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
10. 10.
    Nonconforming structures located in a regulated floodplain are subject to restrictions imposed on all nonconforming structures detailed in Article 2, Applicability & Conformity.

In all special flood hazard areas where base flood elevation data have been provided, the following standards are required.

1. 1.
   Residential Construction

   New construction and substantial improvement of any residential structure (including a manufactured home) shall have the lowest floor, including basement, mechanical equipment, and ductwork elevated no less than two feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate automatic equalization of hydrostatic flood forces on walls shall be provided in accordance with the elevation standards included in this subsection.

   1. a.
      In an AO zone, the lowest floor shall be elevated above the highest adjacent grade to a height equal to or higher than the depth number specified in feet on the FIRM or elevated at least two feet above the highest adjacent grade if no depth number is specified.
   2. b.
      In an A zone, where no technical data has been produced by the Federal Emergency Management Agency, the Floodplain Administrator will determine the method by which base flood elevations are determined. Methods include, but are not limited to, detailed hydrologic and hydraulic analyses, use of existing data available from other sources, approximate methods, use of historical data, best supportable and reasonable judgement in the event no data can be produced. The lowest floor shall be elevated no lower than two feet above such base flood elevation. Title 401 KAR (Kentucky Administrative Regulations) Chapter 4, Regulation 060, Section 5, (6),a, states as a part of the technical requirements for a State Floodplain Permit: The applicant shall provide cross sections for determining floodway boundaries (and thereby Base Flood Elevations) at any proposed construction site where FEMA maps are not available. All cross sections shall be referenced to mean sea level and shall have vertical error tolerances of no more than + 0.5 foot. Cross sections elevations shall be taken at those points which represent significant breaks in slope and at points where hydraulic characteristics of the base floodplain change. Each cross section shall extend across the entire base floodplain and shall be in the number and at the locations specified by the cabinet. If necessary, to ensure that significant flood damage will not occur, the cabinet may require additional cross sections or specific site elevations which extend beyond those needed for making routine regulatory floodway boundary calculations.
   3. c.
      In all other Zones elevated two feet above the base flood elevation, upon the completion of the structure, the elevation of the lowest floor (including basement) shall be certified by a registered professional engineer or surveyor and verified by the building inspection department to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
   4. d.
      Manufactured homes shall meet the following additional standards.

      1. 1.
         All new and substantially improved manufactured homes placed on sites located within A, A1-30, AO, AH, and AE on the community’s Flood Insurance Rate Map (FIRM) must meet all the requirements for new construction, including elevation and anchoring. This standard is required whether the home is on an individual parcel or lot as a primary or secondary structure, in an area of expansion to an existing manufactured home park or subdivision, in a new manufactured home park or subdivision, or within the boundaries of an existing manufactured home park or subdivision that has incurred “substantial damage” resulting from flooding.
      2. 2.
         All regulated manufactured homes must be elevated on a permanent foundation, have their lowest floors elevated no less than two feet above base flood elevation, and be securely anchored to an adequately set foundation system resistant to flotation, collapse, and lateral movement.
      3. 3.
         Except for manufactured homes that have incurred substantial damage resulting from flooding, all manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength standing no less than 36 inches in height above the highest adjacent grade.
2. 2.
   Non-residential Construction

   New construction and substantial improvement of any commercial, industrial, or non-residential structure (including manufactured homes used for non-residential purposes) shall be elevated to conform with the elevation standards included in this subsection or, together with attendant utility and sanitary facilities, made to meet the following standards.

   1. a.
      Buildings shall be floodproofed to an elevation of two feet above the level of the base flood elevation so that the structure is watertight with walls substantially impermeable to the passage of water.
   2. b.
      Structures shall have components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy and debris.
   3. c.
      Construction must have a certification sealed by a registered professional engineer or architect stating that the standards of this subsection are satisfied. Such certification along with the design and operational maintenance plans shall be provided to the Floodplain Administrator prior to issuance of a certificate of occupancy.
   4. d.
      Recreational vehicles placed on sites located within A, A1-30, AO, AH, and AE on the community’s Flood Insurance Rate Map (FIRM) must 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 “manufactured homes.” A recreational vehicle is ready for highway use if it is licensed and insured in accordance with the State of Kentucky motor vehicle regulations, 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.
   5. e.
      All new construction and substantial improvement with fully enclosed areas below the lowest floor (including basements) that is usable solely for parking of vehicles, building access, or storage, and which is subject to flooding shall meet the requirements for elevated structures. Flood resistant materials shall be used for any building materials utilized below 2 ft. above BFE.
3. 3.
   Elevated Structures

   New construction and substantial improvements of elevated structures on columns, posts, or pilings that include fully enclosed areas formed by foundation and other exterior walls below the lowest floor shall be designed to preclude finished living space and to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

   1. a.
      Openings for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria.

      1. 1.
         There shall be 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. 2.
         The bottom of all openings shall be no higher than one foot above foundation interior grade (which must be equal to in elevation or higher than the exterior foundation grade).
      3. 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.
   2. b.
      Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door), or entry to the living area (stairway or elevator).
   3. c.
      The interior portion of such enclosed areas shall not be finished or partitioned into separate rooms.
4. 4.
   Floodways

   Because floodways are extremely hazardous due to the velocity of flood waters which carry debris, potential projectiles, and resulting erosion potential, encroachments including fill, new construction, substantial improvements, and other changes or uses are prohibited unless certified (with acceptable supporting technical data) by a registered professional engineer is provided demonstrating that the encroachments will not result in any increase in base flood elevation levels during a base flood event.

5. 5.
   Standards for Utilities

   1. a.
      All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

      1. 1.
         Infiltration of flood waters into the systems, and
      2. 2.
         Discharge from the systems into flood waters.
      3. 3.
         On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flood.

Where streams exist but where no base flood data has been provided or where base flood data has been provided without floodways, encroachments including fill material or structures are prohibited within special flood hazard areas unless certified (with acceptable supporting technical data) 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.

In areas that have flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and the water path of flooding is unpredictable and indeterminate, the following standards shall apply.

1. 1.
   All new construction and substantial improvements of residential and non-residential structures shall have the lowest floor, including basement, elevated to or above two-foot freeboard above base flood elevation, three feet above grade or, in Zone AO, the flood depth specified on the Flood Insurance Rate Map above the highest adjacent grade. In Zone AO, if no flood depth is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade.
2. 2.
   All new construction and substantial improvements of non-residential structures shall also, together with attendant utility and sanitary facilities, be completely floodproofed either to the base flood elevation or above or, in Zone AO, to or above the specified flood depth plus a minimum of one foot 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 buoyancy.

All accessory structures must:

1. 1.
   Be uninhabitable,
2. 2.
   Be anchored to resist floatation and lateral movement,
3. 3.
   Be provided with flood openings in accordance with the standards of this section,
4. 4.
   Be built of flood resistant materials to two feet above the base flood elevation,
5. 5.
   Have utilities elevated two feet above the base flood elevation,
6. 6.
   Only be used for storage or parking, and
7. 7.
   Not be modified for a different use after permitting.

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA (100-year floodplain). Construction of new critical facilities shall not be permissible within the floodway; however, they may be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated one foot or more above the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.

1. 1.
   Nature Of Variances

   The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

   It is the duty of the legislative body to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level is so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

2. 2.
   Designation of Variance and Appeal Board

   1. a.
      The Board of Adjustment shall hear and decide appeals and requests for variances from the requirements of these regulations.
3. 3.
   Duties of Board of Adjustment

   1. a.
      The Board of Adjustment shall hear and decide requests for variances from the requirements of this ordinance and appeals of decisions or determinations made by the Floodplain Administrator in the enforcement or administration of this ordinance.
   2. b.
      Any person aggrieved by the decision of the Board of Adjustment may appeal such decision to the Circuit Court, as provided in Kentucky Revised Statutes.
4. 4.
   Variance Procedures

   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 ordinance, and the:

   1. a.
      Danger that materials may be swept onto other lands to the injury of others;
   2. b.
      Danger to life and property due to flooding or erosion damage;
   3. c.
      Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;
   4. d.
      Importance to the community of the services provided by the existing or proposed facility;
   5. e.
      Necessity that the facility be located on a waterfront, in the case of functionally dependent use;
   6. f.
      Availability of alternative locations, which are not subject to flooding or erosion damage;
   7. g.
      Compatibility of the proposed use with existing and anticipated development;
   8. h.
      Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
   9. i.
      Safety of access to the property in times of flood for ordinary and emergency vehicles;
   10. j.
       Expected height, 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. k.
       Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges and culverts.
5. 5.
   Conditions for Variances

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

   1. a.
      Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
   2. b.
      Variances shall only be issued upon a determination that the variance is the "minimum necessary" to afford relief considering the flood hazard. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the legislative body need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the legislative body believes will both provide relief and preserve the integrity of the local ordinance.
   3. c.
      Variances shall only be issued upon:

      1. 1.
         A showing of good and sufficient cause;
      2. 2.
         A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
      3. 3.
         A determination that the granting of a variance will not result in increased flood height, additional threats to public safety, cause extraordinary public expense, create nuisance (as defined in the definition section under "Public safety and nuisance"), cause fraud or victimization of the public (as defined in the definition section) or conflict with existing local laws or ordinances.
   4. d.
      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 lowest floor being situated below the base flood elevation.
   5. e.
      The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency (FEMA) upon request
   6. f.
      Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Article 6 (4) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
6. 6.
   Variance Notification

   Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

   1. a.
      The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage;
   2. b.
      Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Kenton County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
   3. c.
      The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance or denial, and report such variances issued in the community’s biennial report submission to the Federal Emergency Management Agency.
7. 7.
    Historic Structures

   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 an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

If any clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

The City encourages the creation of green development, infill development, and grayfield development and establishes incentives for such in order to:

1. 1.
   Promote energy independence,
2. 2.
   Conserve natural resources,
3. 3.
   Encourage clean energy,
4. 4.
   Improve environmental quality,
5. 5.
   Maximize public investment and minimize public cost, and
6. 6.
   Reduce sprawl and greenfield development.

In order to be eligible for consideration for incentives, one or more of the following criteria must be met.

1. 1.
   Proof of certification by the US Green Building Council as LEED Silver compliant or higher for new development and substantial redevelopment sites (buildings or subdivisions).
2. 2.
   Proof of Green Globe certification by the Green Building Initiative for new or existing buildings with a point score of 2 Globes (55 percent of total points) or higher.
3. 3.
   Proposed development is for infill or grayfield sites where existing public infrastructure capacity is sufficient or proposed for expansion or improvement that would bring it up to sufficiency.
4. 4.
   Permanent open space dedication and protection of more than 40 percent of the development site provided ownership and maintenance of the open space is acceptable to the Zoning Administrator. For the purposes of this criterion, open space includes but is not limited to environmental space (e.g. native forest, aquatic habitat, floodplain, stream or wetland sites), trails, passive and active recreation sites, and viewsheds.
5. 5.
   Projects which resolve a pre-existing stormwater problem by either;

   1. a.
      Optimizing a pre-existing stormwater management facility that does not comply with current stormwater regulation standards; or
   2. b.
      Maximizing new stormwater management facilities to exceed the required standard to improve an existing stormwater problem.
6. 6.
   Projects including a dedicated stream or wetland mitigation bank site included in the Clean Water Act, Section 404 permit program or other approved stream or wetland mitigation or restoration site.

Applicants may apply for one or more of the following incentives. The Zoning Administrator shall review each application and shall determine whether or not the project is eligible for these incentives. Applications shall be submitted prior to construction.

Eligible developments may be granted one or more of the following incentives based upon the number of criteria met in Section 8.05, B., Green Development, Infill, and Grayfield Development Criteria. Each criteria shall qualify for one incentive, except for projects meeting criteria five or six, which shall be eligible for two incentives:

1. 1.
   An allowable dwelling unit bonus equal to 130 percent of the maximum dwelling units per acre permitted in the zoning district in which it is located.
2. 2.
   A floor area ratio bonus equal to 130 percent of the maximum floor area ratio permitted in the zoning district in which it is located for non-residential and mixed-use buildings.
3. 3.
   An additional 10 feet (1 story) of building height.
4. 4.
   A 25 percent reduction in lot size and up to a 25 percent reduction in required setbacks provided any reduction in a setback is the minimum necessary to accommodate the lot size reduction.
5. 5.
   In no case shall bonuses permit a building or development to encroach upon any required buffer or open space.

All new development, except single and two-family residential uses on individual lots, must comply with the Northern Kentucky Regional Storm Water Management Program Rules and Regulations of Sanitation District No. 1 (Sanitation District No. 1’s Storm Water Regulations) for stormwater management for water quality and quantity, regardless of property size, as noted in Section 6.09, Required Improvements for Developments.

1. 1.
   Roof downspouts, footing, foundation drains, and sump pumps that are discharged above ground shall be discharged onto the same parcel of land from which the water is generated, as far from the property line as practical and at least five feet from the residence.
2. 2.
   Roof downspouts, footing, foundation drains, and sump pumps discharging toward the street shall be discharged onto a pervious area no closer than 20 feet from the edge of the sidewalk, edge of pavement, or back of curb.
3. 3.
   In all cases, downspouts shall not discharge directly onto driveways, roads, or sidewalks or in any manner which causes the discharge to freely flow across these surfaces.
4. 4.
   Connecting roof downspouts, footing, foundation drains, and sump pumps to the public sewer system is prohibited unless approved by Sanitation District No. 1 in writing.

1. 1.
   Low Impact Development Encouraged. To balance growth needs with environmental protection, reduce infrastructure and utility maintenance costs (e.g. streets, curbs, gutters, sidewalks, storm sewer), reduce storm water management costs, preserve the integrity of ecological and biological systems, protect water quality by reducing sediment, nutrient, and toxic loads to water bodies, and to preserve trees and natural vegetation, low impact development is encouraged.
2. 2.
   Low Impact Storm Water Development. Design of individual and collective low impact storm water development systems must meet the requirements of SD1's Storm Water Best Management Practice Manual prepared for the Northern Kentucky region.
3. 3.
   Site Design Strategies. Generally, site design strategies will address the arrangement of buildings, roads, parking areas, and other features, and the conveyance of stormwater runoff across the site. LID site design strategies are intended to complement the natural and built environment while minimizing the generation of runoff. Site design strategies should address some or all of the following considerations:

   1. a.
      Necessary grading and land disturbance should be designed to encourage sheet flow and lengthen stormwater flow paths.
   2. b.
      Natural drainage divides should be maintained to keep flow paths dispersed.
   3. c.
      Areas of impervious surfaces should be separated, and stormwater should be conveyed across vegetated areas. This assists runoff filtration and encourages infiltration.
   4. d.
      Distribute small-scale LID strategies across the development site in order to maximize benefits.
   5. e.
      To the maximum extent possible, treat pollutant loads where they are generated.
   6. f.
      Preserve naturally vegetated areas and soil types that slow runoff, filter pollutants, and facilitate infiltration.
   7. g.
      LID systems and structures should be integrated into the natural and built landscape with attention to flow paths, infiltration areas, and the use of appropriate native plant materials.
4. 4.
   Site Design Elements. In addition to water quality impacts, LID site design elements when successfully implemented, perform three necessary functions: filtration and infiltration, capture and reuse, and reductions in impervious surfaces.
5. 5.
   Site Design Location. Required open space areas may be used for onsite treatment of stormwater consistent with an approved stormwater plan.

   1. a.
      For residential projects, LID Best Management Practices can be included in the acreage requirement for open space as prescribed in applicable residential zones provided the intent of the project’s required buffer is met as prescribed in Section 7.07, Landscaping, Screening, and Buffers. Acceptable LID practices include, but are not limited to, swales, pocket wetlands, bioretention areas, and infiltration trenches. Basins and other retention and detention facilities, however, may not be included in required open space.
   2. b.
      For non-residential projects, LID Best Management Practices can be incorporated into the landscaping and buffer areas as required in Section 7.07, Landscaping, Screening, and Buffers.

These standards apply to all uses, structures, and activities on all land within the City unless otherwise expressly exempted.

Odors detectable beyond the property line that are offensive to persons with normal sensibilities are prohibited with the following exceptions.

1. 1.
   Odors common to permitted agricultural operations.
2. 2.
   Odors associated with seasonal applications of fertilizer regardless of their location.
3. 3.
   Odors associated with road construction and maintenance, roofing, and similar transient, non-repetitive activities.

The use of outdoor loud speakers to communicate with workers, customers or other individuals, to amplify or project phone signals or ringers, or to broadcast music or information of any kind that can be heard beyond the property line is prohibited with the following exceptions.

1. 1.
   Outdoor broadcasts of emergency sirens shall be permitted.
2. 2.
   The use of outdoor loud speakers at or in conjunction with any outdoor event, theatrical production, or similar occasion approved by the City shall be permitted.
3. 3.
   Noise associated with outdoor business activities that are permitted in the use standards.
4. 4.
   Noise associated with permitted site development activities from 7:00 AM to 9:00 PM.

Dust shall be kept to a minimum by appropriate screening, design, landscaping, paving, oiling with biodegradable oils, sprinkling, or other acceptable means. Any source that creates dust impacting adjacent properties or rights-of-way is prohibited with the following exceptions.

1. 1.
   Dust associated with permitted agricultural operations.
2. 2.
   Dust associated with permitted site development activities from 7:00 AM to 9:00 PM.

No use, operation, or activity shall create earthborn vibrations which are transmitted through the ground and discernible beyond the property line except for vibrations associated with permitted site development activities from 7:00 AM to 9:00 PM.

Debris including but not limited to litter, mud, grass, and gravel must not be allowed to blow onto or to be carried onto adjacent properties or public roadways.

There shall be no direct or reflected glare from any source including high temperature processing, combustion, welding, metal structures, or surfaces that impact adjacent properties, rights-of-way, or aircraft.

1. 1.
   Safety hazard. Any source that creates glare or reflection observable within the normal range of vision from any public right-of-way under normal weather conditions is considered a safety hazard and is prohibited.
2. 2.
   Nuisance. Any source of glare observable within the normal range of vision, under normal weather conditions, from any lot other than the lot where the light source is located or on an adjacent right-of-way is considered a nuisance and is prohibited.

No land shall be stripped, excavated, graded, filled, or otherwise have soil, trees, or vegetation moved or removed without first obtaining a zoning permit. The following activities shall be excluded:

1. 1.
   Minor filling of small depressions and removal of diseased or dangerous vegetation.
2. 2.
   Bona fide agriculture and silviculture activities.
3. 3.
   Normal excavation or grading incidental to the construction or alteration of a building on the premises for which a valid permit has been granted.

Clearing, grading, vegetation and tree removal, and similar activity shall be limited to that portion of a lot or development tract for which a valid zoning permit has been issued or for which a preliminary plat has been approved.

Erosion and sedimentation controls for excavation, movement of soil, and tree removal shall meet all requirements of Sanitation District No. 1 regardless of whether Sanitation District No. 1 reviews and permits the proposed development. Furthermore, erosions control activities must be planned, and mitigation applied to conform to the following standards:

1. 1.
   The smallest practical area of land shall be exposed at any one time during development.
2. 2.
   When land is exposed during development, the exposure shall be kept to the shortest period of time practicable.
3. 3.
   Temporary vegetation or mulching shall be used to protect critical areas exposed during development.
4. 4.
   Sediment basins (debris basins or silt traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing development.
5. 5.
   Provisions shall be made to accommodate the increased run-off caused by changed soil and surface conditions during and after development.
6. 6.
   Permanent final vegetation and structures shall be installed as soon as practical in the development.
7. 7.
   The development shall be fitted to the topography and soils to create the least erosion potential.
8. 8.
   Wherever feasible, natural vegetation shall be retained and protected.