The designation of flood hazard areas and the regulations imposed on these zones are intended to provide for public awareness of the flooding potential, protect human life and health, minimize public and private property damage, protect individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards, and minimize surface and ground-water pollution and erosion of the floodplain soils which will adversely effect human, animal or plant life. It is the intent of this Article to 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, be protected against flood damage at the time of initial construction; cause additional flood losses if public streets, sewers, water, and other utilities must be extended below the flood level to serve the development; create an additional burden to the public to pay the costs of rescue, relief, emergency preparedness measures or storm sewer systems; create 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.

(Code 1983, § 19-1; Ord. No. 371-2000 , § 1, 12-14-2000)

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

Addition to an Existing Building means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common 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 considered new construction.

Flood means a temporary rise in stream flow or stage that results in water overtopping its bank and inundating areas adjacent to the channel.

Floodplain means that land, adjacent to a stream, channel, or a body of water, which has been or may be hereafter covered by floodwater during the regulatory flood. The term "floodplain" shall include those lands which are included in the special flood hazard areas.

Floodplain Variance means a grant of relief from the requirements of this Article which permits construction or use in a manner otherwise prohibited by this Article where specific enforcement would result in unnecessary hardship.

Flood Profile means the elevation (usually above mean sea level) of the water surface in a stream during flood discharges. The flood profile that exists during a flood depends upon the flood discharge and stream characteristics. Both the flood discharges of a given frequency and the stream characteristics change with time as the land use on upstream watersheds changes and as the stream is changed due to vegetation, bridges, culverts, obstructions, etc. The flood profile can be used to determine the exact limits of the floodplain.

Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.

Floodway means that portion of the floodplain that is reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Functionally Dependent Use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, facilities that are necessary for the loading or unloading of cargo or passengers, and boat repair facilities; but does not include any residential use or any long term storage or related manufacturing facilities.

Historic Structure means any structure that is listed individually on the National Register of Historic Places or is determined as meeting the requirements for individual listing on the National Register; is certified or preliminarily determined to contribute to the historic significance of a National Register Historic District or an area that meets the requirement of a National Register Historic District; is individually listed on a state inventory of historic places; is located within an historic District (H-1) Zone.

Lowest Floor means the lowest floor of the lowest enclosed area (including basement) of a structure. Lowest floor shall not include an unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in compliance with the applicable design requirements of this Article.

Lowest Opening means the lowest opening into a structure, including doors and windows, sills, foundation vents, the top of window wells, crawl space entrances, and the top landing of exterior stairways and other openings leading to below grade spaces. The term "lowest opening" shall not include access to an unfinished or flood resistant enclosure used solely for parking of vehicles, or for building access or storage nor shall it include openings intended and used solely for the purpose of providing hydrostatic venting.

Manufactured Home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to required utilities. For the purposes of floodplain management, this term also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred and eighty (180) consecutive days. For flood insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.

New Construction means any structure for which the start of construction commenced on or after the effective date of this Article, including any improvements to such structure.

Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Person means any natural person, firm, partnership, association, corporation.

Post-Development Floodplain means the portion of land adjacent to a stream which is anticipated to be covered with water during the 100-year, 24-hour storm, based on a fully developed watershed and calculated using the procedures of the Division of Engineering Stormwater Manual.

Regulatory Flood means a flood of a magnitude having a one percent (1%) chance of occurring in any given year and which, over a long period of time, can be expected to be equaled or exceeded, on the average, once every one hundred (100) years. The limits of the regulatory flood for a site shall be determined by reference to the elevations shown on the Federal Emergency Management Agency Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, where such data is available. The term "base flood" shall be synonymous with the term "regulatory flood."

Regulatory Flood-Protection Elevation means the elevation of the lowest floor of a structure which shall be two (2) feet or more above the water-surface elevation of the regulatory flood.

Special Flood Hazard Area means that land shown as the Special Flood Hazard Area (Zone a and AE) including the channel, floodway, and floodplain of the base flood, as shown on the Federal Emergency Management Agency (FEMA) Digital Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, dated March 3, 2014 (and any revisions thereto including through a Letter of Map Amendment or a Letter of Map Revision) of the Federal Insurance Administration report entitled "The Flood Insurance Study for Lexington-Fayette Urban County Government, Kentucky" (Such maps may hereafter be referred to as FEMA Maps).

Start of Construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (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 footings, 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 sidewalks; nor does it include excavation for a basement or footing, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of an accessory building.

Stream means any river, creek, or channel that is defined as a stream by KRS 151.100.

Substantial Improvement means, for a structure built prior to the enactment of this ordinance, any repair, reconstruction, or improvement of a structure, taking place during a five-year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure either:

For the purposes of this definition, the term "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 structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions, or any alteration of an historic structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Watershed means the region or area which drains into a river, lake or stream. The total area included within a watershed will vary depending on the drainage system being considered, but usually the total area above a given point on a stream, channel, or lake that contributes runoff water to the stream or lake at that point is called a watershed.

(Code 1983, § 19-2; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 286-2005 , § 1, 10-20-2005; Ord. No. 308-2006 , § 1, 11-2-2006; Ord. No. 64-2007 , § 1, 4-12-2007; Ord. No. 138-2008 , § 1, 6-26-2008; Ord. No. 211-2016 , § 1(19-2), 12-6-2016)

The official Digital Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, dated September 17, 2008 (and any revisions thereto including through a Letter of Map Amendment or through Letter of Map Revision) of the Federal Insurance Administration report entitled "The Flood Insurance Study for Lexington-Fayette Urban County Government, Kentucky" shall be filed with the Division of Planning and the Fayette County Clerk and shall be considered an integral part of the subdivision plats maintained on file by the Fayette County Clerk. The purpose of this filing is to give notice to all transferees of those properties which are most susceptible to flooding. Such notice will allow each person to evaluate the impact of such flooding on the intended use.

(Code 1983, § 19-3; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 308-2006 , § 1, 11-2-2006; Ord. No. 64-2007 , § 1, 4-12-2007; Ord. No. 138-2008 , § 1, 6-26-2008)

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering methods of study. Larger floods may occur on occasion or flood heights may be increased by manmade or natural causes. This ordinance does not imply that areas outside the designated flood hazard areas or uses permitted within such areas will be free from flooding or flood damages, nor shall this Zoning Ordinance be the basis for, or create liability on the part of, the Lexington-Fayette Urban County Government or any officer or employee thereof for flood damages that result from reliance on this or any administrative decision made lawfully thereunder.

(Code 1983, § 19-4; Ord. No. 371-2000 , § 1, 12-14-2000)

This Article shall apply to all lands within the jurisdiction of the Lexington-Fayette Urban County Government which meet the following:

(Code 1983, § 19-5; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 211-2016 , § 2(19-5), 12-6-2016)

The Division of Building Inspection and the Division of Planning shall refer questions as to the interpretation of the Flood Hazard Boundaries to the Urban County Engineer, who shall be empowered to interpret the boundaries of any flood hazard area based upon the Division of Engineering Stormwater Manual, and sound engineering practices. Appeals to the Urban County Engineer's interpretation shall be as outlined in Section 19-13 hereinbelow. The following principles shall be used to guide the Urban County Engineer:

(Code 1983, § 19-6; Ord. No. 371-2000 , § 1, 12-14-2000)

Unless otherwise specified, the following standards are applicable in all special flood hazard areas:

(Code 1983, § 19-7; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 268-2004 , § 1, 11-4-2004; Ord. No. 286-2005 , § 1, 10-20-2005; Ord. No. 138-2008 , §§ 3—5, 6-26-2008; Ord. No. 211-2016 , § 3(19-7), 12-6-2016)

Special permit uses in the floodplain may be permitted only where existing streets or utilities are at elevations which make construction outside the horizontal limits of the floodplain impractical, or in other special circumstances. Structures shall ordinarily be located outside the horizontal limits of the floodplain and at least two (2) feet above the elevation of the regulatory flood, but may be allowed as a special permit use, to be elevated or floodproofed to a point above the regulatory flood protection elevation. Such structures shall be limited to those that will not be subject to substantial flood damage and which will not substantially affect the capacity of any stream or increase the regulatory flood elevation. All special permit uses shall be located outside the horizontal limits of the vegetative buffer zone, and no structure shall be permitted as a special permit use within the floodway. A licensed professional engineer shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the requirements herein. Such certification, including the specific elevation (in relation to mean sea level) to which such structure is elevated or floodproofed, shall be provided to the Division of Engineering as a part of the application for the special permit. Failure to comply with the standards for a special permit or with any conditions attached to the special permit shall be a violation subject to a civil citation, fine and/or abatement, as provided in Article 5.

(Code 1983, § 19-8; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 268-2004 , § 1, 11-4-2004; Ord. No. 286-2005 , § 1, 10-20-2005; Ord. No. 211-2016 , § 4(19-8), 12-6-2016)

Any permit request, subdivision plan or development plan involving a special permit use shall be processed as provided below.

(Code 1983, § 19-9; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 286-2005 , § 1, 10-20-2005; Ord. No. 122-2011 , §§ 30, 31, 9-29-2011)

The decision of the Urban County Engineer regarding the flood hazard status of any property, or approval or denial of a special permit, may be appealed by the property owner or an objector to the Urban County Engineer's decision within sixty (60) days. The appellant shall clearly state the location of the property, the reason for the appeal, and include such other information as may be necessary to evaluate the proposal. The appeal shall be referred to the Floodplain Appeals Committee and shall follow the procedure established herein.

(Code 1983, § 19-10; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 138-2008 , §§ 6, 7, 6-26-2008; Ord. No. 211-2016 , § 5(19-10), 12-6-2016)

An activity needing a floodplain variance under the terms of this Article is defined as any proposed activity in a flood hazard area not considered as either a permitted use or special permit use in this ordinance. All requests for floodplain variances shall follow the same procedures as outlined above for an appeal of the Urban County Engineer's decision, and shall first include review of the request by the Urban County Engineer. Further review of a floodplain variance request shall be referred to the Floodplain Appeals Committee as established herein. The following shall apply to floodplain variance requests:

(Code 1983, § 19-11; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 286-2005 , § 1, 10-20-2005)

In addition to the responsibilities outlined above, the Commissioner of Planning, Preservation, and Development or authorized designee(s) shall have the responsibility to:

(Code 1983, § 19-12; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 211-2016 , § 6(19-12), 12-6-2016)

When a building permit for new construction or substantial improvement to an existing structure is requested for a site where alluvial soils are found, and the site is not located in a Special Flood Hazard Area, and where detailed hydrologic and hydraulic calculations have not been performed in conjunction with the development, the Division of Building Inspection shall refer the request to the Division of Engineering for review. These alluvial soils are identified in the Soil Survey, Fayette County, Kentucky, U.S. Department of Agriculture, Soil Conservation Service, 1968, and most specifically are as follows: Armour Silt Loam (ArA), when adjacent to a stream or other alluvial soil; Armour Silt Loam (ArB and ArC) when along the Kentucky River; Captina Silt Loam (CaA), Captina Silt Loam (CaB), Egam Silt Loam (Ea), Egam Silt Loam (Ec), Huntington Silt Loam (Hu), Lanton Silt Loam (La), Lawrence Silt Loam (Lc), Linside Silt Loam (Ld), Melvin Silt Loam (Mt), and Newark Silt Loam (Ne). In its review, the Division of Engineering may require the elevation of the lowest floor of the structure to be not less than two (2) feet above the nearest regulatory flood elevation for the stream (as shown on the FEMA Maps), or not less than two (2) feet above any calculated or known high water level that the Division of Engineering has on file for the watershed; or may require the submission of information prepared by a licensed professional engineer that the elevation is at least two (2) feet above the elevation of the regulatory flood and will not obstruct the floodplain or create adverse flooding conditions on adjacent properties. In addition, the Division of Building Inspection shall require the submission of a foundation and footer detail prepared by the private professional engineer prior to the issuance of the building permit. Appeals of the elevation requirements of the Division of Engineering shall be referred to the Floodplain Appeals Committee and shall follow the review procedure therein.

(Code 1983, § 19-13; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 211-2016 , § 7, 12-6-2016)

A structure which was lawfully constructed at an elevation below the elevation of the base flood before the passage or amendment of this ordinance, or the use of a structure or premises which lawfully commenced prior to the adoption or amendment to this Article which is not in conformity with the provisions of this Article may be continued so long as it remains otherwise lawful subject to the following conditions:

(Code 1983, § 19-14; Ord. No. 371-2000 , § 1, 12-14-2000)

Structures or uses which were lawfully constructed on fill, or elevated, so as to be at least one (1) foot above the regulatory flood elevation, shall be considered conforming uses.

(Code 1983, § 19-15; Ord. No. 371-2000 , § 1, 12-14-2000)

The provisions of special use permits shall be enforced by the Divisions of Engineering and Building Inspection. Generally, the Division of Engineering shall determine compliance with elevation requirements and drainage features, and the Division of Building Inspection shall enforce structural requirements where floodproofing of the structure is required. Minimum floor elevations shall be enforced through an elevation certificate, prepared by a registered land surveyor or a professional engineer, and submitted to the Division of Building Inspection after the elevation of the lowest floor is established and before any further work on the structure proceeds.

(Code 1983, § 19-16; Ord. No. 371-2000 , § 1, 12-14-2000; Ord. No. 211-2016 , § 8(19-16), 12-6-2016)