SEQ CHAPTER

The Kentucky Building Code, as contained in Chapter 7, Title 815 of the Kentucky Administrative Regulations; the Kentucky Plumbing Code, as contained in Chapter 20, Title 815 of the Kentucky Administrative Regulations; and the Kentucky Standards of Safety, as contained in Chapter 10, Title 815 of the Kentucky Administrative Regulations, together with any amendments, are hereby adopted by reference as if fully set forth in this code of ordinances.

The Building Inspector shall handle the duties of building inspection for the city.

Any person who suffers loss due to fire, casualty, or act of God, and who seeks to repair or replace the existing structure without enlarging or improving same shall not be required to pay a fee for obtaining a building permit pursuant to this section.

For all new culvert construction proposed within the city limits, the Carrollton Street Department shall be notified so that property owners and builders can be made aware of the city's specifications with regards to such construction. The property owner or builder shall purchase the materials necessary for such construction, and the city Street Department shall provide the labor for the installation of the culverts. Any necessary paving shall also be done by the city to make sure that the same conforms to city specifications.

Any person who violates any provision of the state codes adopted in § 150.01 shall be subject to the following penalties:

(A) Violators of the State Building Code shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not less than $10 nor more than $500 for each offense. (KRS 198B.990(1))

(B) Violators of the State Standards of Safety shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not less than $25 nor more than $1000, imprisonment for not more than 60 days, or both, for each offense. (KRS 227.990(1))

(C) Violators of the State Plumbing Code shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not less than $10 nor more than $100, imprisonment for not more than 90 days, or both, for each offense. (KRS 318.990)

The city shall engage in planning operations as an independent planning unit under the authority of KRS Chapter 100 and with all the powers, duties, and jurisdiction as provided in the chapter.

152.25 Standards for accessory structures in all zones beginning with the letter "A"

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

"A ZONE." Portions of the special flood hazard area (SFHA) in which the principle source of flooding is runoff from rainfall, snowmelt, or a combination of both. In A zones, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to structures. Areas of 100-year flood, base flood elevations and flood hazard factors are not determined.

"ACCESSORY STRUCTURE (APPURTENANT STRUCTURE)." A structure located on the same parcel of property as the principle structure, the use of which is incidental to the use of the principle structure. Accessory structures should constitute a minimal initial investment, may not be used for human habitation, and should be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.

"ADDITION (TO AN EXISTING STRUCTURE)." Any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.

1% annual chance of flood (100-year flood). Base flood elevations (BFE) are determined.

between one and three feet (usually shallow ponding). Base flood elevations are shown.

"AO ZONE." An area of 100-year shallow flooding where water depth is between one and three feet (usually sheet flow on sloping terrain). Flood depths are shown.

"APPEAL." A request for a review of the Floodplain Administrator's interpretation of any provisions of this chapter from the Floodplain Administrator’s ruling or a request for a variance.

"AR/A1 -A30, AR/AE, AR/AH, AR/A0, and AR/A ZONES." Special Flood Hazard Areas (SFHAs) that result from the de-certification of a previously accredited flood protection system that is in the process of being restored to provide a 100-year or greater level of flood protection. After restoration is complete these areas will still experience residual flooding from other flooding sources.

which is to be protected from the 100-year flood by a federal flood protection system under construction. No base flood elevations are determined.

"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, there is no clearly defined channel the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. Said flooding is characterized by ponding or sheet flow.

"B and X ZONES (SHADED)." Areas of the 0.2% annual chance (500-year) flood, areas subject to the 100-year flood with average depths of less than one foot or with contributing drainage area less than one square mile, and areas protected by the levees from the base flood.

"BASE FLOOD." A flood, which has a l% chance of being equaled or exceeded in any given year also called the "100-year flood". Base flood is the term used throughout this chapter.

"BASE FLOOD ELEVATION (BFE)." The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30, AR, AR/A, AR/AE, AR/A1-30, AR/AH, and AR/AO that indicates the water surface elevation resulting from a flood that has a 1% or greater 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 four sides.

"BUILDING." A walled and roofed structure that is principally above ground, including a manufactured home, gas or liquid storage tank, or other man-made facility or infrastructure. See definitions for structure.

"C AND X (UNSHADED) ZONES." Areas determined to be outside the 500-year floodplain.

"COMMUNITY RATING SYSTEM (CRS)." A program developed by the Federal Insurance Administration to provide incentives to those communities in the Regular Program to go beyond the minimum floodplain management requirements to develop extra measures for protection from flooding.

"COMMUNITY FLOOD HAZARD AREA (CFHA)." An area that has been determined by the Floodplain Administrator (or other delegated, designated, or qualified community official) from available technical studies, historical information, and other available and reliable sources, which may be subject to periodic inundation by floodwaters that can adversely affect the public health, safety and general welfare. Included are areas downstream from dams.

"CRITICAL FACILITY." Any property that, if flooded, would result in severe consequences to public health and safety or a facility which, if unusable or unreachable because of flooding, would seriously and adversely affect the health and safety of the public. Critical facilities include, but are not limited to: housing likely to contain occupants not sufficiently mobile to avoid injury or death unaided during a flood; schools, nursing homes, hospitals, police, fire and emergency response installations, vehicle and equipment storage facilities, emergency operations centers likely to be called upon before, during and after a flood, public and private utility facilities important to maintaining or restoring normal services before, during and after a flood, and those facilities or installations which produce, use or store volatile, flammable, explosive, toxic and/or water-reactive materials, hazardous materials or hazardous waste.

"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 STRUCTURE." A non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls. (See freeboard requirements for residential and non-residential structures.)

"ELEVATION CERTIFICATE." A statement certified by a registered professional engineer or surveyor on the FEMA-approved form in effect at the time of certification that verifies a structure's elevation and other related information to verify compliance with this chapter.

"EMERGENCY PROGRAM." The initial phase under which a community participates in the NFIP, intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM.

"ENCLOSURE." That portion of a structure below the Base Flood Elevation (BFE) used solely for parking of vehicles, limited storage, or access to the structure.

"ENCROACHMENT." The physical advance or infringement of uses, plant growth, fill, excavation, structures, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

"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 a 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 Carrollton 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).

"FIVE HUNDRED YEAR FLOOD." The flood that has a 0.2% chance of being equaled or exceeded in any year. Areas subject to the 500-year flood have a moderate to low risk of flooding.

(1) A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e. mudflows). See Mudslides.

"FLOOD HAZARD BOUNDARY MAP (FHBM)." A map on which the boundaries of the flood, mudslide (i.e. mudflow), and flood-related erosion areas having special hazards have been designated as Zones A, M, and/or E by the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA).

"FLOOD INSURANCE RATE MAP (FIRM)." A map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated special flood hazard areas and risk premium zones.

"FLOOD INSURANCE STUDY." The report provided by the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) containing flood profiles. the Flood Insurance Rate Map (FIRM) and/or the Flood Boundary Floodway Map and the water surface elevation of the base flood.

"FLOODPLAIN OR FLOOD-PRONE AREA." Any land area susceptible to being inundated by flood waters from any source.

"FLOODPLAIN ADMINISTRATOR." The individual appointed by a NFIP participating community to administer and enforce the floodplain management ordinances.

"FLOODPLAIN MANAGEMENT." The operation of an overall program of corrective and preventive measures for reducing flood damage and reserving and enhancing natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management ordinances, and open space plans.

"FLOODPLAIN MANAGEMENT REGULATIONS." This chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), and other applications of police power, which control development in flood-prone areas. This term describes federal, state and/or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents.

"FLOODPROOFING CERTIFICATE." A certification by a registered professional engineer or architect, on a FEMA-approved form in effect at the time of certification stating that a non-residential structure, together with attendant utilities and sanitary facilities is watertight to a specified design elevation with walls that are substantially impermeable to the passage of water and all structural components are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy and anticipated debris impact forces.

"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. Also referred to as the "regulatory floodway."

"FLOODWAY FRINGE." That area of the floodplain on either side of the regulatory floodway where encroachment may be permitted without additional hydraulic and/or hydrologic analysis.

"FREEBOARD." A factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood. Freeboard must be applied not just to the elevation of the lowest floor or flood proofing level, but also to the level of protection provided to all components of the structure, such as building utilities HVAC components, etc.

"FRAUD AND VICTIMIZATION." As related in § 152.37, Appeals and Variance Procedures, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Carrollton will consider the fact that every newly constructed structure adds to government responsibilities and remains a part of the community for 50 to 100 years. Structures that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages may incur. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

"FUNCTIONALLY DEPENDENT FACILITY." A facility, structure or other development, which cannot be used for its intended purpose unless it is located or carried out in close proximity to water. This term includes only 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.

"GOVERNING BODY." The local governing unit, i.e. county or municipality that is empowered to adopt and implement ordinances to provide for the public health, safety and general welfare of its citizenry.

"HAZARD POTENTIAL." The possible adverse incremental consequences that result from the release of water or stored contents due to failure of a dam or misoperation of a dam or appurtenances. The hazard potential classification of a dam does not reflect in any way the current condition of a dam and its appurtenant structures (e.g., safety, structural integrity, flood routing capacity).

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

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of 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.

(1) Increased cost of compliance coverage provides for the payment of a claim for the cost to comply with state or community floodplain management laws or ordinances after a direct physical loss by flood. When a building covered by a Standard Flood Insurance Policy under the NFIP sustains a loss and the state or community declares the building to be substantially or repetitively damaged, ICC will help pay up to $30,000 for the cost to elevate, flood proof, demolish, or remove the building.

(2) ICC coverage is available on residential and non-residential buildings (this category includes public or government buildings, such as schools, libraries, and municipal buildings) insured under the NFIP.

"KENTUCKY REVISED STATUTE 151.250 - PLANS FOR DAMS, LEVEES, ETC. TO BE APPROVED AND PERMIT ISSUED BY CABINET" (Environmental and Public Protection Cabinet)

(l) Notwithstanding any other provision of law, no person and no city, county, or other political subdivision of the state, including

levee districts, drainage districts, flood control districts or systems, or similar bodies, shall commence the construction, reconstruction, relocation or improvement of any dam, embankment, levee, dike, bridge, fill or other obstruction (except those constructed by the Department of Highways) across or along any stream, or in the floodway of any stream, unless the plans and specifications for such work have been submitted by the person or political subdivision responsible for the construction, reconstruction or improvement and such plans and specifications have been approved in writing by the cabinet and a permit issued. However, the cabinet by regulation may exempt those dams, embankments or other obstructions, which are not of such size or type as to require approval by the cabinet in the interest of safety or retention of water supply.

(2) No person, city, county or other political subdivision of the state shall commence the filling of any area with earth, debris, or any other material, or raise the level of any area in any manner, or place a building, barrier or obstruction of any sort on any area located adjacent to a river or stream or in the floodway of the stream so that such filling, raising or obstruction will in any way affect the flow of water in the channel or in the floodway of the stream unless plans and specifications for such work have been submitted to and approved by the cabinet and a permit issued as required in subsection (1) above.

(3) Nothing in this section is intended to give the cabinet any jurisdiction or control over the construction reconstruction improvement enlargement maintenance or operation of any drainage district, ditch, or system established for agricultural purposes, or to require approval of the same except where such obstruction of the stream or floodway is determined by the cabinet to be a detriment or hindrance to the beneficial use of water resources in the area, and the person or political subdivision in control thereof so notified. The Department for Natural Resources through KRS Chapter 350 shall have exclusive jurisdiction over KRS Chapter 151 concerning the regulation of dams, levees, embankments, dikes, bridges, fills, or other obstructions across or along any stream or in the floodway of any stream which structures are permitted under KRS Chapter 350 for surface coal mining operations.

county judge/executive of each county, shall have the concurrent duty of enforcing with the cabinet within their respective cities and counties the provisions of KRS 151.250, 151.280 and 151.310 and rules and regulations issued there under.

(2) When a violation of KRS 151.250, 151.280 or 151.310 within his jurisdiction is brought to the attention of a mayor or chief executive officer of a city or a county judge/executive he shall immediately notify the cabinet of the location and details of such violation.

"LETTER OF MAP CHANGE (LOMC)." Is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMC's include the following categories:

(1) Letter of Map Amendment (LOMA). A revision based on technical data showing that a property was incorrectly included in a designated SFHA. A LOMA amends the current effective FIRM and establishes that a specific property is not located in a SFHA.

(2) Letter of Map Revision (LOMR). A revision based on technical data that usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features.

(3) Letter of Map Revision. Fill (LOMR F) - A determination that a structure or parcel has been elevated by properly placed engineered fill above the BFE and is, therefore, excluded from the SHFA.

"LEVEE." A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

"LEVEE SYSTEM." A flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

(1) All closure devices or mechanical systems for internal drainage, whether manual or automatic, must be operated in accordance with an officially adopted operation manual (a copy of which must be provided to FEMA by the operator when levee or drainage system recognition is being sought or revised).

(2) All operations must be under the jurisdiction of a federal or state agency, an agency created by federal or state law, or an agency of a community participating in the NFIP.

"LIMITED STORAGE." An area used for storage and intended to be limited to incidental items, which can withstand exposure to the elements and have low flood damage potential. Such an area must be of flood resistant material, void of utilities except for essential lighting, and cannot be temperature controlled.

"LOWEST ADJACENT GRADE." The elevation of the sidewalk, patio, deck support, or basement entryway immediately next to the structure and after the completion of construction. It does not include earth that is emplaced for aesthetic or landscape reasons around a foundation wall. It does include natural ground or properly compacted fill that comprises a component of a structure's foundation system.

"LOWEST FLOOR." The lowest floor of the lowest enclosed area (including the basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, or structure 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 of this chapter.

"MANUFACTURED HOME." A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected or attached to the required utilities. For floodplain management purposes, the term "MANUFACTURED HOME" also includes park trailers, travel trailers, and similar transportable structures placed on a site for greater than 180 consecutive days or longer and intended to be improved property. The term "MANUFACTURED HOME" does not include a "recreational vehicle". (See "Recreational Vehicle".)

"MANUFACTURED HOME PARK OR SUBDIVISION." A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Rate Map (FIRM) for a community issued by the Federal Emergency Management Agency (FEMA).

"MAP PANEL NUMBER." The four-digit number on a flood map, followed by a letter suffix, assigned by FEMA. The first four digits represent the map panel. The letter suffix represents the number of times the map panel has been revised. (The letter "A" is not used by FEMA, the letter "B" is the first revision).

between a willing buyer and seller), as established by what the local real estate market will bear. "MARKET VALUE." can be established by independent certified appraisal, replacement cost depreciated by age of structure (actual cash value) or adjusted assessed values.

"MEAN SEA LEVEL." The average height of the sea for all stages of the tide. For purposes of the National Flood Insurance Program, the MSL is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with either National Geodetic Vertical Datum (NGVD) 1929 or North American Vertical Datum (NAVD) 1988.

"MITIGATION." Sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the costs of disaster response and recovery.

"MUDSLIDE (I.E. MUDFLOW)." Describes a condition where there is a river, flow, or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain. A mudslide (i.e. mudflow) may occur as a distinct phenomenon while a landslide is in progress, and will be recognized as such by the Floodplain Administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.

"MUDSLIDE (I.E. MUDFLOW) AREA MANAGEMENT." The operation of and overall program of corrective and preventative measures for reducing mudslide (i.e. mudflow) damage, including but not limited to emergency preparedness plans, mudslide control works, and floodplain management regulations.

and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

"NATIONAL FLOOD INSURANCE PROGRAM (NFIP)." The federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the federal government and the private insurance industry.

"NATIONAL GEODETIC VERTICAL DATUM (NGVD)." As corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain. (Generally used as the vertical datum on the older firms. Refer to FIRM legend panel for correct datum)

"NEW CONSTRUCTION." Structures for which the start of construction commenced on or after the effective date of Carrollton'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 the Carrollton's adopted floodplain management ordinances.

"NON-RESIDENTIAL." Structures that are not designed for human habitation, including but is not limited to: small business concerns, churches, schools, farm structures (including grain bins and silos), pool houses, clubhouses, recreational structures, mercantile structures, agricultural and industrial structures, warehouses, and hotels or motels with normal room rentals for less than six months duration.

"NORTH AMERICAN VERTICAL DATUM (NAVD)." As corrected in 1988, a vertical control used as a reference for establishing varying elevations within the floodplain. (Generally used on the newer FIRM's and Digitally Referenced FIRM's (FIRM's). (Refer to FIRM or FIRM legend panel for correct datum.)

"OBSTRUCTION." Includes but is not limited to any dam, wall, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridle, conduit, culvert, structure, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"ONE-HUNDRED YEAR FLOOD (100-Year Flood) (see Base Flood)." The flood that has a 1% or greater chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the 100-year flood. Over the life of a 30-year loan, there is a 26% chance of experiencing such a flood with the SFHA.

"PARTICIPATING COMMUNITY." A community that voluntarily elects to participate in the NFIP by adopting and enforcing floodplain management regulations that are consistent with the standards of the NFIP.

"PRE-FIRM CONSTRUCTION." Construction or substantial improvement, which started on or before December 31, 1974, or before the effective date of the initial FIRM of the community, whichever is later.

"POST-FIRM CONSTRUCTION." Construction or substantial improvement that started on or after the effective date of the initial FIRM of the

"PROBATION." A means of formally notifying participating NFIP communities of violations and deficiencies in the administration and enforcement of the local floodplain management regulations. During periods of probation, each insurance policy to a $50 surcharge.

"PROGRAM DEFICIENCY." A defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management standards or of the standards of 44 CFR 60.3, 60.4, 60.5, and/or 60.6.

"PUBLIC SAFETY AND NUISANCE." Anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

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

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

"REGULAR PROGRAM." The phase of a community's participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a FIS.

"REGULATORY 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. See Base Flood.

"REMEDY A VIOLATION." The process by which a community brings a structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impact of non-compliance. Reduced impact may include protecting the structure or other affected development from flood damages implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financing exposure with regard to the structure or other development.

"REPETITIVE LOSS." Flood-related damages sustained by a structure on two or more separate occasions during a ten-year period where the value of damages equals or exceeds an average of 50% of the current value of the structure, beginning on the date when the damage first occurred, or, four or more flood losses of $1,000 or more over the life of the structure, or, three or more flood losses over the life of the

"RIVERINE." Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"SECTION 1316." That section of the National Flood Insurance Act of 1968, as amended, which states that no new or renewal flood insurance coverage shall be provided for any property that the Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that are intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.

"SPECIAL FLOOD HAZARD AREA (SFHA)." That portion of the floodplain subject to inundation by the base flood and/or flood-related erosion hazards as shown on a FHBM or FIRM as Zone A, AE, Al - A30, AH, AO, or AR.

"START OF CONSTRUCTION." Includes substantial improvement and other proposed new development, 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 structure (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 walkways; nor does it include excavation for a basement, footings, 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 nor part of the main structure. 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 structure.

"STRUCTURE." A walled and roofed building that is principally above ground, including manufactured homes, a gas or liquid storage tank, or other man-made facilities or infrastructures. See "Building".

development either on the installment plan or upon any and all other plans terms and conditions, of any tract or parcel of land into two or more lots or parcels.

"SUBROGATION." An action brought by FEMA to recover insurance money paid out where all or part of the damage can be attributed to acts or omissions by a community or other third party.

"SUBSTANTIAL DAMAGE." Means any damage to a building for which the cost of repairs equals or exceeds 50% of the market value of the building prior to the damage occurring. This term includes structures that are categorized as repetitive loss.

(1) For the purposes of this definition. "Repair" is considered to occur when the first repair or reconstruction of any wall, ceiling, floor or other structural part of the building commences.

(a) 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

(b) Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure".

"SUBSTANTIAL IMPROVEMENT." Any combination of 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. 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 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 Officer and which are solely necessary to assure safe living conditions, or any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure, or any building that has been damaged from any source or it categorized as repetitive loss.

"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.

for failure to enact and/or enforce floodplain management regulations required for participation in the NFIP. New or renewal flood insurance policies are no longer available in suspended communities.

"UTILITIES." Includes electrical, heating, ventilation, plumbing, and air conditioning equipment.

comply with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

"WATERCOURSE." A lake, river, creek, stream, wash, channel or other topographic feature on or over which water flows at least periodically.

"WATER SURFACE ELEVATION." The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

water, sediments, dissolved materials, and other transportable materials drain or are carried by water to a common outlet, such as a point on a larger stream, lake, or underlying aquifer.

"X ZONE." The area where the flood hazard is less than that in the SFHA. Shaded X zones shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2% probability of being equaled or exceeded (the 500-year flood) in any year. Unshaded X zones (C zones on older FIRMS) designate areas where the annual exceedance probability of flooding is less than 0.2%.

"ZONE." A geographical area shown on a Flood Hazard Boundary Map or a Flood Insurance Rate Map that reflects the severity or type of flooding in the area.

(Ord., passed 6-12-85; Am. Ord. 92-15, passed 5-13-92; Am. Ord. 07-01, passed 3-12-07)

(l) The flood hazard areas of Carrollton are subject to periodic inundation which results 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 of which adversely affect the public health, safety, and general welfare.

(2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise protected from flood damages.

(B) Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flooding by provisions designed to:

(l) Restrict or prohibit uses which are dangerous to health, safety, and property due to water erosion hazards, or which result in damaging increases in flood heights or velocities;

(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) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;

(4) Control filling, grading, dredging, and other development which may increase erosion or flood damage; and

(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard;

(6) To help maintain a stable tax base by providing the sound use and development of areas of special flood hazard or other flood-prone areas in such a manner as to minimize future flood blighted areas caused by flooding;

(7) To insure that potential home buyers are on notice that property is in a Special Flood Hazard Area; and

(8) To insure that those who occupy a Special Flood Hazard Area assume responsibility for their actions.

(Ord., passed 6-12-85; Am. Ord. 92-15, passed 5-13-92; Am. Ord. 07-01, passed 3-12-07)

This chapter 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 City Council of City of Carrollton from available technical studies, historical information, and other available and reliable sources, areas within the jurisdiction of the City Council of the City of Carrollton which may be subject to periodic inundation by floodwaters that can adversely affect the public health, safety, and general welfare of the citizens of Carrollton.

(Ord., passed 6-12-85; Am. Ord. 92-15, passed 5-13-92; Am. Ord. 07-01, passed 3-12-07)

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for Carroll County, dated July 17, 2007 with the accompanying Flood Insurance Rate Maps (FIRMS), other supporting data and any subsequent amendments thereto, are hereby adopted by reference and declared to be a part of these regulations by the City of Carrollton, and for those land areas acquired by the City of Carrollton through annexation. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator and are enacted by City Council pursuant to statutes governing land use management regulations. The FIS and/or FIRM are permanent records of the City of Carrollton and are on file and available for review by the public during regular business hours at Carrollton City Hall, Office of Building Inspector/Code Official located at 750 Clay Street, Carrollton, Kentucky.

(Ord., passed 6-12-85; Am. Ord. 89-02, passed 1-13-89; Am. Ord. 92-15, passed 5-13-92; Am. Ord. 07-01, passed 3-12-07)

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 state regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord., passed 6-12-85; Am. Ord. 92-15, passed 5-13-92; Am. Ord. 07-01, passed 3-12-07)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord., passed 6-12-85; Am. Ord. 92-15, passed 5-13-92; Am. Ord. 07-01, passed 3-12-07)

In the interpretation and application of this chapter, all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body, and, deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord., passed 6-12-85; Am. Ord. 92-15, passed 5-13-92; Am. Ord. 07-01, passed 3-12-07)

The degree of flood protection required by this chapter 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 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 of Carrollton or by any officer or employee thereof, the Commonwealth of Kentucky, the Federal Insurance Administration, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord., passed 6-12-85; Am. Ord. 92-15, passed 5-13-92; Am. Ord. 07-01, passed 3-12-07)

The Legislature of the State of Kentucky has in KRS Ch. 100 designated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city does ordain this chapter.

(A) A development permit shall be required in conformance with the provision of this chapter prior to the commencement of any development activities in the special flood hazard areas CSFHA). See § 152.36 for instructions and explanation.

(B) Application for a development permit shall be made on forms furnished by the Floodplain Administrator.

(A) New construction; improvements. New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(B) Manufactured homes. Manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited, to the use of over-the-top and 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 into or accumulating within the components during conditions of flooding.

(F) Within Zones AH or AO, so that there are adequate drain paths around structures on slopes to guide flood waters around and away from proposed structures.

(G) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

(H) 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.

(I) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(J) 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.

(K) Any alteration, repair, reconstruction or improvements to a building which is not in compliance with the provisions of this chapter, shall be undertaken only if the nonconformity is not furthered, extended, or replaced.

(Ord., passed 6-12-85; Am. Ord. 92-15, passed 5-13-92; Am. Ord. 07-01, passed 3-12-07) Penalty, see § 152.99

In all areas of special flood hazard where base flood elevation data have been provided, as set forth in § 152.04 or § 152.35(B)(9), 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, mechanical equipment, and ductwork elevated no lower than one foot 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 division (C)(1) below.

(1) In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding 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) In an A zone, where no technical data has been produced by the Federal Emergency Management Agency, elevated one foot/feet above the base flood elevation, as determined by this community. 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, use of historical data, best supportable and reasonable judgment in the event no data can be produced. Title 401 KAR (Kentucky Administrative Regulations) Chapter 4, Regulation 060, § 5(5)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 + five-tenths (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) In all other zones, elevated one foot/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 community building inspection department to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

(B) Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential building (or manufactured home used for non-residential purposes) shall be elevated to conform with § 152.21(A) or together with attendant utility and sanitary facilities.

(1) Be flood proofed below an elevation one foot/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) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

(3) Have the lowest floor, including basement, mechanical equipment, and ductwork, elevated no lower than one foot/feet above the level of the base flood elevation; or

(4) A registered professional engineer or architect shall certify that the standards of this division are satisfied. Such certification shall be provided to the official as set forth in § 152.36 (A).

(6) All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be constructed of flood resistant materials below an elevation one foot/feet above the base flood elevation, and, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Opening sizes (FEMA Technical Bulletin 1-93) for meeting this requirement must meet or exceed the following minimum criteria:

(b) Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.

(C) Elevated buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundations 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

(3) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.

(1) All new or 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. Locations include:

(f) In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood

(b) Have its lowest floor elevated no lower than one foot/feet above the level of the base flood elevation; and

(3) Excepting manufactured homes that have incurred substantial damage as a result of a flood, all manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that the manufactured home is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement, so that either the:

(a) The lowest floor of the manufactured home is elevated no lower than one foot/feet 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 the highest adjacent grade.

(4) All recreational vehicles placed on sites located within A, Al-30, AO, AH, and AE on the community's Flood Insurance Rate Map (FIRM) must either:

(c) Meet the permit requirements for new construction of this chapter, including anchoring and elevation requirements for "manufactured homes".

(5) 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.

(E) Floodways. Located within areas of special flood hazards established in § 152.04 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) Prohibit 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 occurrence of base flood discharge;

(2) If division (D)(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this subchapter.

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

(2) On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(Ord. 89-01, passed 11-13-89; Am. Ord. 92-15, passed 5-13-92; Am. Ord. 07-01, passed 3-12-07) Penalty, see § 152.99

Located within the areas of special flood hazard established in § 152.04, where streams exist but where no base flood data has been provided or where base flood elevation 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.

(B) New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with § 152.35(B)(9).

(A) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood and 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;

(D) In areas where base flood elevation and floodway data is not available (Zone A or unmapped streams), base flood elevation and floodway data for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, shall be provided.

(E) All subdivision plans will include the elevation of proposed structure(s) and lowest adjacent grade. If the site is filled above the base flood elevation, the lowest floor and lowest adjacent grade elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

Located within the areas of special flood hazard established in § 152.04 are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply:

(A) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the highest adjacent grade, at least as high as the depth number specified in feet on the city's FIRM. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade.

(B) All new construction and substantial improvements of non-residential structures shall:

(1) Have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the city's FIRM. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or

(2) Together with attendant utilities and sanitary facilities be completely flood-proofed to or above that level 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.

§ 152.25 STANDARDS FOR ACCESSORY STRUCTURES IN ALL ZONES BEGINNING WITH THE LETTER "A".

For all accessory structures in special flood hazard areas designated 'A' the following provisions shall apply:

(C) Will require flood openings/vents no more than one foot above grade total openings are to be one square inch per one square foot of floor area, at least two openings required on opposite walls;

(D) Built of flood resistant materials below a level one foot/feet above the base flood elevation;

Construction of new critical facilities shall he, 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 level of the base flood elevation at the site. Flood proofing 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.

(A) The Building Inspector/Code Official is hereby appointed to administer, implement, and enforce the provisions of this chapter by granting or denying development permits in accordance with its provisions, and is herein referred to as the Floodplain Administrator.

(B) The Floodplain Administrator and/or staff is hereby appointed, authorized and directed to administer, implement and enforce the provisions of this chapter. The Floodplain Administrator is further authorized to render interpretations of this chapter, which are consistent with its spirit and purpose by granting or denying development permits in accordance with its provisions. The duties and res responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

(b) All other required state and federal permits have been obtained. Advise permittee 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;

(d) The proposed development does not adversely affect the carrying capacity of affected watercourses. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

(2) Review and use of any other base flood data. When base flood elevation data has not been provided in accordance with § 52.04, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer §§ 152.20 through 152.26. Any such information shall be submitted to the City Council for adoption.

(a) Notify adjacent communities, the Kentucky Division of Water, and any other federal and/or state agencies with statutory or regulatory authority prior to any alteration or relocation of the watercourse, and

(b) Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency (FEMA); and

(4) Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

(a) Certification required by § 152.21(A) (lowest floor elevations) as shown on a completed and certified Elevation Certificate. Verify and record the actual elevation (in relation to Mean Sea Level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with § 152.36(B);

(b) Certification required by § 152.21(B) (elevation or flood proofing of nonresidential structures) as shown on a completed and certified floodproofing certificate. Verify and record the actual elevation (in relation to Mean Sea Level) to which the new or substantially improved structures have been flood-proofed, in accordance with § 152.36(B);

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

(h) Remedial action. Take action to remedy violations of this chapter as specified in § 152.99.

(5) Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the special flood hazard areas, for example, where there appears to be a conflict between a mapped boundary and actual field conditions.

(a) 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 Floodplain 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 § 152.37(C);

(b) When base flood elevation data or floodway data have not been provided in accordance with § 152.04, then the Floodplain Administrator shall obtain, review, and reasonable utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer the provisions of §§ 152.20 through 152.26;

(c) When flood-proofing is utilized for a particular structure, the Floodplain Administrator shall obtain certification from a registered professional engineer or architect, in accordance with § 152.21(B) a flood proofing certificate;

(d) All records pertaining to the provisions of this chapter shall be maintained in the office of the Floodplain Administrator and shall be open for public inspection.

(a) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the administrator has reasonable cause to believe that there exists in any structure or upon any premises any condition or ordinance violation which makes such building, structure or premises unsafe, dangerous or hazardous, the administrator may enter such building, structure or premises at all reasonable times to inspect the same or perform any duty imposed upon the administrator by this chapter.

(b) If such structure or premises are occupied, he/she shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such request entry.

(d) When the administrator shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Administrator for the purpose of inspection and examination pursuant to this chapter.

(7) Stop work orders. Upon notice from the Administrator, work on any building, structure or premises that is being done contrary to the provisions of this chapter shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed.

(a) The Administrator may revoke a permit or approval, issued under the provisions of this chapter, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.

(b) The Administrator may revoke a permit upon determination by the administrator that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this chapter.

(9) Liability. Any officer, employee, or member of the floodplain administrator's staff, charged with the enforcement of this chapter, acting for the applicable governing authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer, employee, or member because of such act performed by him or her in the enforcement of any provision of this chapter shall be defended by the department of law until the final termination of the proceedings.

(10) Expiration of floodplain construction permit. A floodplain construction permit, and all provisions contained therein, shall expire if the holder of a floodplain construction permit has not commenced construction within 180 calendar days from the date of its issuance by the Floodplain Administrator.

A development permit shall be obtained before any construction or other development begins within any special flood hazard area established in § 152.04. Application for a development permit shall be made on forms furnished by Floodplain Administrator 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. Endorsement of local administrator is required before a state floodplain construction permit can be processed. Specifically, the following information is required.

(1) Proposed elevation in relation to Mean Sea Level (MSL) of the proposed lowest floor (including basement) of all structures in Zone A and elevation of highest adjacent grade; or

(2) Proposed elevation in relation to Mean Sea Level to which any nonresidential structure will be flood-proofed;

(a) All appropriate certifications from a registered professional engineer or architect that the non-residential flood-proofed structure will meet the flood-proofing criteria in §§ 152.21(B) and 152.24;

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

(1) Upon placement of the lowest floor, and before construction continues, or flood proofing by whatever construction means, it shall be the duty of the permit holder to submit to the Floodplain Administrator and to the state a certification of the elevation of the lowest floor or flood proofed elevation, as built, in relation to Mean Sea Level. In AE, Al-30, AH, and A zones where the Community has adopted a regulatory Base Flood Elevation, 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 structure. The certification shall be prepared by or under the direct supervision of a certified professional engineer or architect. Any continued 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 said corrections required hereby, shall be cause to issue a stop-work order for the project.

(1) The variance criteria set forth in this section of the chapter 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 chapter 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.

(2) It is the duty of the City Council 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 chapter 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.

(B) Designation of Variance and Appeal Board. The Board of Adjustments as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter.

(1) The Appeal Board (Board of Adjustments) shall hear and decide requests for variances from the requirements of this chapter and appeals of decisions or determinations made by the Floodplain Administrator in the enforcement or administration of this chapter.

(2) Any person aggrieved by the decision of the Appeal Board (Board of Adjustments) or any taxpayer may appeal such decision to the Carroll County District Court, as provided in Kentucky Revised Statutes.

(D) Appeals/variance procedures. In passing upon such applications, the Appeal Board (Board of Adjustments) shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and the:

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

(3) 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) Importance to the community of the services provided by the proposed facility;

(5) Necessity that the facility be located on a waterfront, in the case of functionally dependent facility;

(6) Availability of alternative locations which are not subject to floodplain erosion damage;

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

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

(10) 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) 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.

(E) Conditions for variances. Upon consideration of the factors listed above and the purposes of this chapter, the Appeal Board (Board of Adjustments) may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(1) Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of divisions (D) and (C) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

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

(3) 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 chapter. For example, in the case of variances to an elevation requirement, this means the Board of Adjustments 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 Board of Adjustments believes will both provide relief and preserve the integrity of the local ordinance.

(4) Variances shall only be issued upon a determination that the variance is the "minimum necessary" to afford relief considering the flood hazard. In the instance of an historical structure, a determination shall be made that the variance is the minimum necessary to afford relief and not destroy the historic character and design of the structure.

(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant (as defined in this chapter); and

(c) 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.

(6) 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 reduced lowest floor elevation.

(7) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency (FEMA) and the Federal Insurance Administration (FIA) upon request.

(8) 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 this section 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.

(F) Variance notification. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

(1) 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) 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 City Carroll County Clerk Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land; and

(3) The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in the community's biennial report submission to the Federal Emergency Management Agency.

(G) 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.

(H) No impact certification within the floodway. Variances shall not be issued within any mapped or designated floodway if any increase in flood levels during the base flood discharge would result.

(A) Civil offense. If, at any time, development occurs which is not in accordance with the provisions of this chapter including, obtaining or complying with the terms and conditions of a floodplain construction permit and any approved modifications, such development shall constitute a civil offense.

(B) Notice of violation. If, at any time, a duly authorized employee or agent of the Floodplain Administrator has reasonable cause to believe that a person has caused development to occur which is not in accordance with the provisions of this chapter including obtaining or complying with the terms and conditions of a floodplain construction of the Floodplain Administrator shall issue a notice to the person responsible for the violation and/or the property owner, stating the facts of the offense or violation, the section of this chapter and/or of the permit violated, when it occurred, how the violation is to be remedied to bring the development into conformity with this chapter or with the approved permit, and within what period of time the remedy is to occur, which period of time shall be reasonable and shall be determined by the nature of the violation and whether or not it creates a nuisance or hazard. The remedy may include an order to stop work on the development. The notice shall also state that a citation may be forthcoming in the event that the requested remedies and corrective actions are not taken, which citation will request a civil monetary fine and shall state the maximum fine which could be imposed. See below.

(C) Notice of citation. If, at any time, a duly authorized employee or agent of the Floodplain Administrator has reasonable cause to believe that a person has caused development to occur which is not in accordance with the provisions of this chapter including obtaining or complying with the terms and conditions of a floodplain construction permit and any approved modifications thereof, a duly authorized employee of the Floodplain Administrator may issue a citation to the offender stating the violation, prior notices of violation issued, how the violation is to be remedied to bring the development into conformity with this chapter or with the approved permit, and within what period of time the remedy is to occur, and what penalty or penalties are recommended. When a citation is issued, the person to whom the citation is issued shall respond to the citation within seven days of the date the citation is issued by either carrying out the remedies and corrections set forth in the citation, paying the civil fine set forth in the citation or requesting a hearing before the governing body. If the person to whom the citation is issued does not respond to the citation within seven days, that person shall be deemed to have waived the right to a hearing and the determination that a violation occurred shall be considered final.

(D) Penalties. 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 granting of a variance or special exceptions, shall constitute a misdemeanor civil offense. Any person who violates this chapter or fails to comply with an of its requirements shall, upon conviction thereof, be fined no less than $100 or imprisoned for not more than 10 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 Floodplain Administrator from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord., passed 6-12-85; Am. Ord. 92-15, passed 5-13-92; Am. Ord. 07-01, passed 3-12-07)

The intent of this chapter is to provide for exterior building renovation and design standards and sign standards for buildings in the Carrollton Commercial District (CCD). The District is described as the commercial area located within the designated Historic District recorded on the National Register of Historic Places. The District is further described as the area bounded on the north by the Ohio River, on the east by Seventh Street, on the south by Sycamore Street, and on the west by the Kentucky River. The intent of this chapter is to apply to the renovation of existing commercial and vacant buildings, the infill, and other new construction in the area. The Building Code as set forth in Chapter 150, is made a part of this chapter as guidance for projects falling within the scope of this chapter.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"ALTERNATE STANDARDS." Rehabilitation or repair by using material that will be substituted for the original material but will not conflict with the architectural characteristics of the structure.

"COMMERCIAL BUILDING." Any building in the Historic District which is not wholly used as a residence by its owner.

"COMPATIBLE MASONRY." Brick or stone that will be compatible with existing masonry material in the structure, walls, sidewalks, or the like.

"DESIGN REVIEW BOARD." The Board which advises applicants of proper techniques and alternatives in rehabilitation.

"EASILY VISIBLE." As seen by a pedestrian walking and viewing the structure from the sidewalk in front of or sidewalk at the side of the structure or as seen from a public way.

"IDEAL STANDARDS." Restoring a structure to the original design when the building was constructed - preserving all the architectural characteristics and using the same materials.

"REHABILITATION/RENOVATION." Bring back to a condition which conforms to the architectural style, design, and decoration of a period which the building was constructed.

"REPAIR/MAINTENANCE." The mending, fixing, or putting together that part of a building which has been damaged, torn, or broken, which does not require replacing the whole part.

"RESTORATION." Bring back, or to put into the exact or original architectural style, design, or decoration using the original building parts and materials or those of similar kind and quality.

"SANDBLASTING WHEN PRACTICAL." When tests prove that the bricks or architectural characteristics of the structure will not crumble or deteriorate under the pressure used in the sandblasting process.

The design standards contained in this chapter and in the Building Code shall be applicable to any treatment of new or existing buildings, structures, yard space, paving, and the like, that may be proposed by the owner and an occupant of any property in the Carrollton Commercial District (CCD), as described in § 153.01. The standards are as follows:

(A) All buildings with deteriorated, peeling, and blistered or dirty and faded painted surfaces or in nonappropriate colors shall be painted in appropriate colors within 18 months of the passage of this chapter. All buildings, with painted iron work or iron trim, shall be affected by these standards for purposes of painting. All buildings having unpainted brick or stone surfaces that are covered with soot or dirt shall be cleaned by proper cleaning methods within 18 months of the passage of this chapter.

(B) All buildings requiring painting which are affected by these standards shall be painted at least every five years unless the existing paint is in a state of good repair and condition. All buildings not requiring painting (i.e. nonpainted brick and stone buildings) which are affected by these standards shall be cleaned at least once every ten years unless the existing masonry surfaces are clean and in a state of good repair and condition.

(A) The following standards shall be used when a property owner or occupant decides to do exterior work on his property:

(l) When a building is totally renovated, the ideal standards are recommended and encouraged but not mandatory.

(2) When a building is rehabilitated, any of the alternate standards are acceptable.

(3) When a building is remodeled, any of the alternate standards are acceptable.

(4) When a building is repaired in the course of periodic care and maintenance the alternate standards are acceptable.

(B) All structural and decorative elements of building fronts and other portions easily visible from a street which are in a state of deterioration or disrepair shall be repaired if practical or replaced in a workmanlike manner to match as closely as possible the original material and construction techniques.

(C) All building fronts and portions easily visible from a street which have had added surfacing materials attached shall have these surfaces removed to expose the original brick, stone, and wood unless the cost of removal exceeds 8% of the "fair market value" of the building. The original brick or other material exposed shall be cleaned, if appropriate, or painted a single color to complement different colors of trim.

(D) Windows on the fronts of buildings or easily visible from the sidewalk shall not be boarded up except during construction or during a period of repair or periodic maintenance. If it is necessary to close an opening with brick in complying with these design standards, the brick used for closing must match as closely as possible the existing brick, unless the building is to be painted.

(E) All antennas, brackets, conduits, and other mechanical equipment (except primary electrical entrance service, provided no other point of entrance is available), easily visible from the street at the front of a building and not a part of the original design and construction of the building shall be removed from the front or street side of the building.

(F) Fabric awnings on the front of buildings are encouraged. Aluminum awnings which are in a state of good repair and condition shall be painted appropriate colors to match and complement the trim of the building. Any type of awnings in a state of disrepair or bad condition shall be removed and any replacement or new installation shall be with fabric awnings of appropriate colors.

(G) Existing air conditioners located above entrance doors and in upper story windows on the street side of buildings may remain in place or be replaced so long as renovation of the building is not involved. New air conditioners which are not a part of the original design of the street side or front of a building are prohibited. Residential air conditioning units (window units) are permissible in upper story windows on the street or front side of buildings during the cooling season between May l and October 31 of each year only.

Members of the Design Review Board shall be appointed by the Mayor to review applications for their conformance with this chapter. The Design Review Board shall consist of five members, all with equal votes. One member shall represent the City Council; one the Planning and Zoning Commission; one the County Community Development Corporation, Merchants Division; and two members at-large each of whom is either a property owner or merchant in the Carrollton Commercial District.

All proposals and plans for improvements, modifications, repairs, or rehabilitation concerning the exterior of existing commercial buildings or those vacant but designed for commercial use shall be submitted to the Design Review Board for review and approval prior to commencing proposed work. A conformance letter will be issued by the Design Review Board to the applicant to be displayed along with the building permit during construction.

(A) Two meetings per month will be scheduled by the Design Review Board. All business will come before the Board at these regularly scheduled meetings. However, a specifically called meeting is possible provided five days' notice is given the Board.

(B) If no business has been proposed for the regular meeting the Board will not meet.

(C) The Board may at its discretion delegate approval of various proposed work elements to the staff person of the Board (for example: paint colors, small alterations, and the like).

(D) The Board shall notify the applicant of its decision as soon as possible; however, all decisions concerning the application shall be made and conveyed to the applicant within 15 days of the date of the meeting at which the application was made.

(E) The Mayor shall delegate the responsibility of staffing the Design Review Board to an appropriate official and with appropriate compensation; however, this official shall be under authority of the Mayor. This will enable the City Council to plan and budget for the staffing of the Board.

Appeal of any decision or recommendation of the Design Review Board may be made directly to the City Council, in the presence of the City Attorney and the Design Review Board Chairman.

(A) The City Council shall idemnify each member of the Design Review Board who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative by reason of the fact that he is or was a member of the Design Review Board, against expenses (including attorney's fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit, or proceeding if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the city, and where, with respect to any criminal action or proceeding, he had no reasonable cause to believe his conduct was unlawful.

(B) Except as provided below, any such indemnification shall be made by the City Council only as authorized in the specific case upon a determination that indemnification of the Board member is proper in the circumstances because he had met the applicable standard of conduct set forth above. Such determination shall be made by the City Council by a majority vote of a quorum of members who were or are not parties to such action, suit, or proceeding.

(C) Expenses, including attorney's fees, incurred in defending a civil or criminal action, suit, or proceeding may be paid by the City Council in advance of the final disposition of such action or proceeding if authorized by the Design Review Board and upon receipt of an undertaking by or on behalf of the Board member to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the City Council.

(D) To the extent that a Board member has been successful on the merits or otherwise in defense of any action, suit, or proceeding referred to above, or in defense of any claim issue or matter therein, he shall be indemnified against expenses, including attorney's fees, actually and reasonably incurred by him in connection therewith, without any further determination that he has met the applicable standard of conduct set forth above.

Each provision of this chapter shall be deemed as independent of all other provisions herein and if any provision is declared invalid, it shall not affect other provisions which shall remain in force and effect.

(A) The city wishes to spur regeneration and redevelopment of commercial and service sector activity throughout the city. Attraction of new development to existing structures if of prime consideration.

(B) To achieve the desired result, the city has assembled a package of incentives to be offered to all developers seeking to develop qualified uses in the city. Further, the city will redouble efforts to enforce compliance with existing building, zoning and sign ordinances and also will initiate the creation of a special committee within the Chamber of Commerce to be used as a vehicle to gather input from the commercial sector of the historic district.

(C) Finally, this program will be widely circulated to all interested developers in a proactive effort to pursue change and commercial development, not merely to react to it.

The city will offer a package of aggressive incentives to developers seeking to develop qualified uses in the city. (Please see § 153.22 (A) for qualified uses.)

(A) The enterprise incentive program (EIP) will encompass the boundaries of the redevelopment district as noted on Map A on page 22B. Included within the coverage of this program are any structures used in any commercial activity which are located within the limits of the city which are on the National Register Historic District. Structures located within the National Register District and constructed before 1937 are eligible for the 20% historic tax credit on improvements made. Additionally, buildings on the National Register of Historical Places with Landmark Status located within the city limits are eligible to participate. Participants will be required to provide documentation reflecting the structure's status as listed on the National Historic Register.

(B) (1) The city will institute reallocation of a percentage of property tax revenue collected from all properties in the city to provide for public improvements and as supportive financing to qualified developers.

(2) Starting in Fiscal Year 1996, 10% of all city property tax revenues collected from property owners in the city is to be placed into a line item escrow account and is to earn interest; provided, however, that at no time shall the total balance of the escrow account exceed a range of $45,000.00 to $50,000.00. Once the balance of the account reaches that level, the city shall cease the transfer of city property taxes for that budget year. This account will fund the following incentives.

(a) The city and Carroll County Community Development Corporation (CCCDC) will administer advice and council to potential developers as to stipulations of all incentives and local ordinances. Additionally, the city will coordinate with Jefferson Community College to offer $500 in small business and accounting assistance. This step is mandatory to participate in the EIP.

(b) The city will cost share on a 50/50 matching basis with developers for both signage and facade improvements in an amount not to exceed $4,000, city share.

(c) At the city's discretion, these revenues, or a portion thereof, may also be used for improvements to the downtown historic district, that is, benches, new lighting, sidewalk replacement, and the like.

(d) These funds may also be used on a matching basis for state and/or federal grants.

(C) The city will establish a city property tax assessment moratorium program for all qualified developments for a period of five years, as authorized by KRS 99.595 and 99.600.

(D) The city will enforce strict compliance with all existing and future building, zoning and sign ordinances.

(E) The CCCDC will aggressively market the incentive program to the development community.

(Ord. 95-12, passed 7-11-95; Am. Ord. 98-13, passed 5-27-98; Am. Ord. 01-20, passed 11-19-01; Am. Ord. 04-05, passed 4-14-04)

The incentive package is designed to provide financial assistance to developers in the most critical phase of a development venture, start-up. It seeks to ease the burden of covering initial expenses, thus allowing the developer the financial resources necessary to both provide for enhanced rehabilitation of an existing historical structure as well as working capital. These incentives are often the difference between success or failure of a venture. The net result will be to bring qualified commercial and service sector uses to the community, which focus on either rehabilitation of existing structures or development of new properties. The qualification methodology is described next followed by a description of the incentives.

(1) Incentives are available to all potential developers of qualified commercial or service sector properties in the city. The city will utilize a qualification process to ensure that incentives are offered only to developments which enhance the cultural and aesthetic character of the community, expand its economic base, provide a needed service to residents and conform to sound land use principles.

(2) Qualified uses include any lawful commercial business located within the redevelopment district as defined in § 153.21(A).

(a) All potential developers are to be interviewed by the Executive Director of CCCDC and the Mayor to determine preliminary qualifications, prior to development occurring. This step pertains primarily to that use which is proposed and the time frame to be followed.

(1) Developers may apply for only one of the incentives per fiscal year for any one project (building).

(2) Developers owning multiple buildings can apply for 50/50 matching funds for one or more buildings within a year, with each building being a separate application. This is specifically limited to one application per year per building.

(b) The Executive Director and the Mayor will then advise the developer as to whether or not to continue the application process.

(d) Assurance of participation in Small Business Assistance Program through Jefferson Community College.

(4) The CCCDC Executive Director and City Council will, at a regularly scheduled council meeting, review each application for incentive participation and will then proceed with one of the following steps:

(5) Once approved for participation, the following specific incentives will be made available.

(B) Assurances. All developers must sign assurances that whoever operates the small business participating in this program will obtain technical small business and accounting assistance through Jefferson Community College (JCC). The city will enter into an agreement with JCC to provide this assistance for a fee of $500 per project.

(1) The city will freeze city property taxes at the pre-rehab level for a period of five years. The purpose of this program is to encourage the repair, rehabilitation, and restoration of buildings 25 years old or older. This property tax freeze is achieved through a moratorium on property valuation assessments.

(2) To qualify for this incentive, the developer must satisfy the following criteria:

(a) Rehabilitation must comply with the design requirements contained in the Design Standards Ordinance. Design Standards Review Board approval is mandatory in order to receive this incentive.

(b) Rehabilitation must constitute at least 33% of the cost of property acquisition or its current assessed value where applicable; city determination.

(c) Exterior portion of rehabilitation must constitute at least 33% of total cost of rehabilitation, where applicable; city

determination. (This includes all exposed exterior walls, not just front of structure.)

(d) Improvements must be completed within two years unless a written extension is granted. Upon completion of the work,

on-site property inspection to ensure that the improvements proposed in the application have been completed. The city shall then enter the PVA assessment for the property for city tax purpose only.

(e) A tax moratorium may be transferred or assigned by the holder of the certificate to a new owner or lessee of the property. Any property granted an assessment or reassessment moratorium may be eligible for another moratorium if three years have passed since the previous moratorium ended. On the next assessment date following the expiration, cancellation, or revocation of an assessment or reassessment moratorium, the property will be assessed on the basis of its full fair cost value.

(f) This incentive shall not be made available to only buy and hold property. Renovation or new construction must be initiated within six months of formal project approval.

(g) All documentation related to construction cost estimates must be submitted to the city, verified and approved prior to acquiring assessment moratorium.

(D) Historic tax credit. A one time 20% historic tax credit is available to all qualified developments in The National Register Historic District. CCCDC will assist with this incentive.

(E) Incentive financing. The city will enter into an arrangement with area banks to provide bank financing. The proposal will function as follows:

(1) Banks will loan funds to qualified developers at 1% below prime interest rate for a term of five years.

(3) Three area banks; Star, First National and Carrollton Federal Savings and Loan will open lines of credit for $70,000 each to operate a pool of $210,000. Each bank will take turns loaning funds from their respective $70,000 lines of credit.

(5) Developers will be eligible for a maximum of $20,000 under the incentive program.

(6) Eligible uses of funds include; rehabilitation, new construction and equipment purchase. Working capital or property acquisition is not an eligible use. Funds split between construction

and equipment are not to exceed 70/30, i.e., no more than 30% of funds under this program are to be used for the purchase of equipment. (If additional funding is required to perform the rehabilitation, new

(F) 50/50 matching funds for exterior improvements. The city will cost share on a 50/50 matching basis with owners of commercial or

service section property who wish to either replace their outdoor sign with that which is conducive to the historical nature of the community or perform facade improvements.

(1) The maximum city cost share amount shall be $4,000. That is, property owner $4,000, city $4,000, or property owner $8,500, city still $4,000.

(2) The city Design Standards Review Board must approve the proposed improvements in order to receive cost share funding.

(3) This incentive is "stand alone" and does not necessarily relate to a major renovation or new construction project.

(4) Funds from the 10% tax reallocation escrow account will be used to fund this incentive.

(6) Proper documentation relative to the procurement of the sign must be produced prior to receiving cost share funding.

(1) As special projects arise through which funding becomes available to supplant or supplement those utilized according to the Enterprise Incentive Program, the amount of funds available through the program for an overall project or to an individual commercial property owner may be greater than those set forth under the general project guidelines. When such funds become available under a special project, the ceiling amounts contained within the program shall not apply, provided, however, that at no time during disbursement and implementation under such a special project shall the reserve of total program funds fall below the amount of $10,000.00.

(2) Any participant in the Enterprise Incentive Program that desires to utilize special project funding will be required to follow the application process for such, and shall at all times be in compliance with the guidelines for such special projects as if they were adopted verbatim within the overall program requirements.

(3) Likewise, any person desiring to obtain funds available through special projects may be required to enter into a note and/or lien with the city which would provide for the repayment of any funds provided through special projects and/or the Enterprise Incentive

Program should the property holder fail to abide by the special project or program guidelines and/or attempt to sell the property prior to the expiration of any minimum ownership guidelines set forth in the special project guidelines.(See § 153.26)

(Ord. 95-12, passed 7-11-95; Am. Ord. 99-01, passed 3-10-99; Am. Ord. 04-05, passed 4-14-04; Am. Ord. 07-28, passed 7-23-07)

For the EIP to function properly, all applicable ordinances must be vigorously pursued. This insures that as new development takes place, existing structure will enhance, not detract from the impact they have on regenerating the community. Key elements of compliance include the following:

(A) All ordinances germane to the project area will be strictly adhered to. All violations of either the existing sign, zoning or design standards ordinance will result in a penalty of $250 per day per violation. Penalties become active upon unsatisfactory response to two notices by the city that a violation has occurred and that a penalty is imminent. All structures with existing non-conforming or out-of- compliance situations are grandfathered within the scope of this section. If, however, any facade change is made to any existing structure in the zone after July l, 1995, it must strictly conform to existing ordinances.

(B) Funds allocated under the 50/50 matching program may be used to correct existing non-conforming or out of compliance uses. (See § 153.22 (F))

(D) All existing structure rehabilitation or new structure developments must submit detailed plans, drawings and specifications to the city for proper review. This step is to be taken regardless of whether a developer wishes to obtain incentives.

(E) The sign ordinance shall be strengthened to more comprehensively foster aesthetics and also, where applicable, adherence to standards of historic preservation as prescribed by The Kentucky Heritage Council.

(A) The Carroll County Chamber of Commerce will institute a downtown redevelopment committee as a catalyst for progressive change and as a vehicle to channel view of merchants to city and county officials. Input from merchants will insure continuity in the program and also that conforming and compatible land uses are attracted to the community. Further, this will serve as a spring board for development of marketing programs and special events to attract shoppers to the historic district.

(B) Finally, this input will serve as a unified voice in conveying the districts' needs for services and improvements to local elected officials. This can only benefit the community as it attempts to expand and support area patronage.

Once in place, information on this program will be disseminated to all interested developers via professional trade journals; The Kentucky Post, The Louisville Courier Journal and The Lexington Herald Leader; and major realty companies in Cincinnati, Louisville and Lexington. Funds from the 10% escrow account will be used to fund this effort.

The following relates to expected expenditures by the city in a typical year. Assume participation by seven developers. Additionally, eight local businesses wish to participate for facade improvements.

(1) Seven developers participate in rehabilitation program - 7 x $500 J.C.C. business mentoring program = $3,500;

(2) Eight developers participate in facade improvements program - 8 x $1,500 = $12,000;

(3) Promotion of the program - $1,000 per week for three weeks in three regional newspapers = $3,000.

All elements of the Design Standards Ordinance shall comply with the general provisions Chapter 10 of the City of Carrollton Code as amended.

(B) (1) Submit plans and description of proposed work to Design Review Board. Include:

(2) Plans do not have to be prepared by a professional; however, plans should be prepared in a manner which clearly conveys the work proposed.

(1) Adjust plans of proposed work to comply with Design Standards Ordinance and resubmit to Design Review Board; or

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"BASEMENT." A portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

"CELLAR." A portion of a building located partly or wholly underground, and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

"DWELLING." Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants. "TEMPORARY HOUSING" as hereinafter defined shall not be regarded as a "DWELLING." "DWELLING" shall be construed as though followed by the words "or any part thereof."

"DWELLING UNIT." Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating.

"DWELLING UNIT" shall be construed as though followed by the words "or any part thereof."

"EXTERMINATION." The control and elimination of insects, rodents, or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as food, by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the Inspector.

"GARBAGE." The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.

"HABITABLE ROOM." A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces.

"INFESTATION." The presence, within or around a dwelling of any insects, rodents, or other pests in concentrations that constitute health hazards.

"OCCUPANT." Any person over one year of age, living, sleeping, cooking, eating in, or having actual possession of a dwelling unit or rooming unit.

"OPERATOR." Any person who has charge, care, or control of a building or part thereof in which units or rooming units are let.

"OWNER." Any person who, alone or jointly or severally with others, his or their agent or agents who shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof.

"PLUMBING." All of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines.

"ROOMING HOUSE." Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons. "ROOMING HOUSE" shall be construed as though followed by the words "or any part thereof."

"ROOMING UNIT." Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. "ROOMING UNIT" shall be construed as though followed by the words "or any part thereof."

"RUBBISH." Combustible and noncombustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, and dust.

"SUPPLIED." Paid for, furnished, or provided by or under the control of, the owner or operator, or tenant.

"TEMPORARY HOUSING." Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days, except in approved mobile home parks.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements:

(A) Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the Inspector.

(B) Every dwelling unit (except as otherwise permitted under division (D) below) shall contain a room which affords privacy to a person within the room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the Inspector.

(C) Every dwelling unit (except as otherwise permitted under division (D) below) shall contain, within a room which affords privacy to a person within the room, a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the Building Inspector.

(D) The occupants of not more than two dwelling units may share a single flush water closet, a single lavatory basin, and a single bathtub or shower if:

(1) Neither of the two dwelling units contains more than two rooms. For the purposes of this division, a kitchenette or an efficiency kitchen with not more than 60 square feet of floor area shall not be counted as a room.

(2) The habitable area of each of the dwelling units shall equal not more than 250 square feet of floor area.

(3) The water closet, lavatory basin, and bathtub or shower shall be in good working condition and properly connected to a water and sewer system approved by the Inspector.

(E) Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of divisions (A) through (D) above shall be properly connected with both hot and cold water lines.

(F) Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, the type and location of which are approved by the Inspector.

(G) Every dwelling unit shall be supplied with adequate rubbish storage facilities, the type and location of which are approved by the Inspector.

(H) Every dwelling shall have supplied water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines required under the provisions of division (E) above, and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120°F. Such supplied water-heating facilities shall be capable of meeting the requirements of this division at all seasons of the year.

(I) Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this state.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

(A) Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of the room. Whenever walls or other portions of structures face a window of any such room and the light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of the room.

(B) Every habitable room shall have at least one window or skylight which can be easily opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type size, as required in division (A) above, except where there is supplied some other device affording adequate ventiliation and approved by the Building Inspector.

(C) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in divisions (A) and (B) above, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continous operation during periods of use and approved by the Building Inspector. Exception may be made when it is determined that such spaces that existed at the time of adoption of this chapter do not constitute hazards of health.

(D) Every habitable room of the dwelling shall contain at least two separate floor or wall-type electric convenience outlets, or one such convenience outlet and one supplied ceiling-type electric light fixture; and every water closet compartment, bathroom, laundry room, furnace room, and public hall shall contain at least one supplied ceiling or wall-type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner: provided the dwelling is within 300 feet of an available power line.

(E) Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein to a temperature of at least 70°F., at a distance three feet above floor level, when the outside temperature is minus 5°F.

(F) Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time light.

(G) During that portion of each year when the Inspector deems it necessary for protection against mosquitoes, flies, and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied screens and a self-closing device; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens.

(H) Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

(A) Every foundation, floor, wall, ceiling, and roof shall be reasonably weather-tight, water-tight, and rodent-proof; shall be capable of affording privacy; and shall be kept in good repair.

(B) Every window, exterior door, and easement hatchway shall be reasonably weather-tight, water-tight, and rodent-proof, and shall be kept in sound working condition and good repair.

(C) Every inside and outside stair, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair.

(D) Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions.

(E) Every water closet compartment floor surface and the bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

(F) Every supplied facility, piece of equipment, or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively, and shall be maintained in satisfactory working condition.

(G) No owner, operator, or occupant shall cause any service, facility, equipment, or utility which is required under this chapter to be removed from or shut off from or discontinued for an occupied dwelling let or occupied by him except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies, when discontinuance of service is approved by the Inspector.

No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

(A) Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.

(B) In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 30 square feet of floor space for each occupant thereof.

(C) No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; no room arrangements shall be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.

(D) At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.

(F) No basement space shall be used as a habitable room or dwelling unit unless:

(l) The floor and walls are impervious to leakage of underground and surface run-off water and are insulated against dampness;

(2) The total of window area in each room is equal to at least the minimum window area sizes as required in § 154.ll(A);

(3) Such required minimum window area is located entirely above the grade of the ground adjoining such window area; and

(4) The total of openable window area in each room is equal to at least the minimum as required under § 154.ll(B), except where there is supplied some other device affording adequate ventilation and approved by the Inspector.

(A) No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this chapter, except the provisions of §§ 154.10 and 154.15.

(B) At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system approved by the Building Inspector and in good working condition, shall be supplied for each eight persons or fraction thereof, residing within a rooming house, including members of the operator's family whenever they share the use of the facilities; provided that, in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half of the required number of water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing the facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times.

(C) The operator of every rooming house shall change supplied bed linen and towels therein at least once each week, and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.

(D) Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 30 square feet of floor space for each occupant thereof.

(E) Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this state.

(F) The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator.

(G) Every provision of this chapter which applies to rooming houses shall also apply to motels and hotels, except to the extent that any such provisions may be found in conflict with the laws of this state or with the lawful regulations of any state board or agency.

(A) Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition, the shared or public areas of the dwelling and premises thereof.

(B) Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling unit, and premises thereof which he occupies and controls.

(C) Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by § 154.10 (G).

(D) Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers required by § 154.10 (G). It shall be the responsibility of the occupant to supply such containers.

(E) Every occupant of a dwelling or dwelling unit shall be responsible for handling all screens and double or storm doors and windows whenever the same are required under the provisions of this chapter or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply such service.

(F) Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this division, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.

(G) Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:

(A) Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the health officer:

(l) One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the public.

(2) One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public.

(3) One which because of its general condition or location is unsanitary, or otherwise dangerous, to the health or safety of the occupants or of the public.

(B) Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by the Building Inspector shall be vacated within 60 days from date of placarding.

(C) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by the Building Inspector. The Building Inspector shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.

(D) No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in division (C) above.

(E) Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may petition for a court hearing on the matter, under the procedure set forth in § 154.27.

(A) The Building Inspector designated by the city shall be the enforcement official responsible for the enforcement of this chapter.

(B) The Building Inspector is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units, and premises located within the city when there is any evidence that violation of this chapter exists, in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections the Building Inspector is hereby authorized to enter, examine, and survey at all reasonable times all dwellings, dwelling units, rooming units, and premises.

(l) The owner or occupant of every dwelling, dwelling unit, and rooming unit, or the person in charge thereof, shall give the Building Inspector free access to such dwelling, dwelling unit, or rooming unit, and its premises, at all reasonable times for the purpose of such inspection, examination, and survey.

(2) Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.

The Building Inspector may recommend to the Mayor the adoption of such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this chapter. Any rules and regulations concerning the enforcement of the provisions of this chapter which are then promulgated by the Mayor shall be subject to the approval of the City Council in accordance with KRS 83A.130(4) and shall only be adopted after a public hearing has been held in accordance with the laws governing the conduct of public hearings by the City Council. Such rules and regulations shall not be in conflict with the provisions of this chapter. A certified copy of all rules and regulations which may be adopted pursuant to this section shall be filed with the City Clerk/Treasurer. Such rules and regulations shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this chapter, as provided in § 154.99.

(A) Whenever the Building Inspector determines that there is evidence indicating that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:

(4) Be served upon the owner or his agent, or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner, agent, or occupant, if a copy thereof is served upon him personally; if a copy thereof is sent by registered mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice;

(5) Contain specific remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.

(B) Any person affected by an order issued by the Building Inspector pursuant to this chapter may, within 30 days after the posting and service of the order, petition the circuit court for an injunction restraining the Building Inspector from carrying out the provisions of the order, and the court may issue a temporary injunction restraining the Building Inspector pending the final disposition of the cause. Hearings shall be had by a court on such petition within 20 days, or as soon thereafter as possible. In all such proceedings the findings of the Building Inspector as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies herein provided shall be exclusive remedies and no person affected by an order of the Building Inspector shall be entitled to recover any damages for action taken pursuant to any order of the Building Inspector, or because of noncompliance by such person with any order of the Building Inspector.

(C) After the court hearing, the Building Inspector shall sustain, modify, or withdraw the notice, depending upon the court's findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Building Inspector sustains or modifies the notice, it shall be deemed to be an order. Any notice served pursuant to division (A) above shall automatically become an order if a petition to the circuit court for a hearing is not filed as set forth in division (A) above.

Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, the order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition, shall be afforded a hearing in accordance with § 154.27(A) as soon as possible. After the court hearing, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the order shall continue in effect, be modified, or be revoked.

(A) If the owner fails to comply with an order issued pursuant hereto to repair, alter, or improve or, at the option of the owner, to vacate and close the structure, the Building Inspector may cause the structure to be repaired, altered, or improved, or to be vacated and closed. The Building Inspector may cause to be posted on the main entrance of any structure so closed, a placard with the following words:

"This building is unfit for human habitation, occupancy or use; the use or occupation of this building for human habitation, occupancy or use, is prohibited and unlawful."

(B) If the owner fails to comply with an order to remove or demolish the structure, the Building Inspector may cause such structure to be removed or demolished.

(C) The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal or demolition shall be a lien upon the real property upon which cost was incurred. If the structure is removed or demolished by the Building Inspector, he shall sell the materials of the structure and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the circuit court by the Building Inspector, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court.

Any person who shall violate any provision of this chapter or any provision of any rule or regulation adopted by the Inspector pursuant to authority granted by this chapter shall, upon conviction, be punished as set forth in § 10.99.

(A) Once land has been divided into streets, blocks, lots, and open spaces, a pattern has been developed which may determine how the community needs for residence, business, and industry are to be met. It will also determine how the city can handle its traffic problems, its need for home sites, and how economically it can provide the many services demanded of it. The guidance of this development in harmony with community objectives is therefore a matter of serious public concern.

(B) The Major Street Plan, of which certified copies are filed in the office of the County Clerk, and the regulations set forth in this chapter are designed to provide for the proper arrangement of streets, for adequate and convenient open spaces for traffic, utilities, access of firefighting apparatus, recreation, light, and air, for the avoidance of congestion of population, including minimum width and area of lots, and for adequate provisions of water, drainage, sewer, and other sanitary facilities.

(A) These subdivision regulations are adopted under the authority granted by KRS Chapter 100.

(B) These regulations shall govern all subdivision of land within the corporate limits of the city, as now or hereafter established, and within the unincorporated area for which a Major Street Plan has been adopted; providing the jurisdiction of the Planning Commission shall not extend more than one mile beyond the corporate limits of the city. Any owner of land within this area wishing to subdivide land shall submit to the Planning Commission a plat of the subdivision according to requirements outlined in these regulations.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"STREET." A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, thoroughway, road, avenue, boulevard, lane, place, or otherwise designated.

(l) "ALLEYS." Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

(2) "ARTERIAL STREETS AND HIGHWAYS." Used primarily for high vehicular speeds or heavy volumes of traffic.

(3) "COLLECTOR STREETS." Carry intermediate volumes of traffic from minor streets to arterial streets.

(4) "MARGINAL ACCESS STREETS." Minor streets which are parallel to and adjacent to arterial streets and highways, and which reduce the number of access points to the arterial street for the purpose of increased traffic safety.

(5) "MINOR STREETS." Used primarily for access to the abutting properties and which will carry limited volumes of traffic.

"SUBDIVISION." The division of a parcel of land into three or more lots or parcels for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land; provided that a division of land for agricultural use and not involving a new street shall not be deemed a subdivision. The term includes resubdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided. Any division or redivision of land into parcels of less than one acre occurring within 12 months following a division of the same land shall be deemed a "SUBDIVISION" within the meaning of this section. (KRS 100.111(22))

The subdivider shall comply with the principles of design set forth in this subchapter in the layout of the subdivision.

(A) Conformity to the major street plan. The location of all streets in a proposed subdivision shall conform in general alignment to the major street plan.

(l) The proposed street layout shall provide for the continuation or projection of existing streets in the surrounding area unless the Planning Commission deems the extension undesirable for specific reasons of topography or design.

(2) Where it is desirable in the opinion of the Planning Commission to provide street access to adjoining property, proposed streets shall be extended by dedication to the boundary of the property.

(C) Dedication of right-of-way (new streets). The dedication of right-of-way, measured from lot line to lot line, for new streets shall be shown on the major street plan, or if not shown thereon, shall meet the following standards:

for certain arterial streets, but in no case shall the subdivider be required to dedicate more than 80 feet for any one street.

(D) Dedication of right-of-way (existing streets). Subdivisions platted along existing streets shall dedicate additional right-of-way if necessary to meet the minimum width requirements as specified in division (C) above.

(l) The entire minimum right-of-way shall be dedicated where the subdivision is on both sides of the street.

(2) When the subdivision is located on only one side of an existing street, one-half of the required right-of-way measured from the center line of the existing roadway shall be dedicated.

(2) Street curb intersections shall be rounded by radii of at least 20 feet. When the smallest angle of intersection is less than 60 degrees, the above minimum radii shall be increased.

(l) A tangent of at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

(2) Where a deflection angle is more than ten degrees in the alignment of a street, a curve with a radius adequate to insure adequate sight distance shall be made. The minimum radius of curves shall be:

(3) All changes in grade for arterial and collector streets shall be connected by a vertical curve of a minimum length equal to 20 times the algebraic difference in the rates of grade; the length of curve for all other streets shall be ten times the algebraic difference in the rates of grade.

(2) For adequate drainage, the minimum street grade shall be not less than 0.5%.

(H) Marginal access streets. Where a subdivision adjoins or contains an existing or proposed arterial highway on which traffic volumes and vehicular speeds warrant special safety considerations, the Planning Commission may require marginal access streets.

(I) Street jogs. Street jogs with center line offsets of less than 125 feet shall not be made.

(J) Dead-end streets. Dead-end streets, designed to be so permanently, shall not be longer than 500 feet and shall be provided at the closed end with a turnaround having a radius at the outside of the pavement of at least 40 feet, and a radius at the outside of the right-of-way of at least 50 feet.

(K) Street names. When streets are not in alignment, no names shall be used which will duplicate or be confused with the names of existing streets. Proposed streets in alignment with existing streets shall bear the names of these streets.

(2) There shall be no reserve strips except where their control is definitely placed in the city or county under conditions approved by the Planning Commission.

(B) Width. Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth.

(B) Arrangement. Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines.

(l) For subdivisions within the limits of the city, lot dimensions shall conform to the requirements of the zoning chapter.

(2) Where no zoning is in effect, residential lots served by public sewer shall be at least 60 feet wide and 7,500 square feet in area. Residential lots not served by public sewer shall be at least 75 feet wide and 10,000 square feet in area.

(3) A greater area than specified above may be required for residential lots if, in the opinion of the City (or County) Health Officer, there are factors of drainage, soil condition, or other conditions to cause potential health problems.

(D) Building setback line. Within city limits, zoning regulations apply. When no zoning exists, the minimum setback line from the right-of-way shall be at least one-half of the total width of the street right-of-way on which the building fronts.

(E) Corner lots. Corner lots for residential use shall have sufficient extra width to meet the minimum building setback line established on each street.

In commercial and industrial subdivisions space for adequate off-street loading and parking to meet the needs of the proposed use shall be reserved and shall not be used for building purposes. Where deemed necessary by the Planning Commission, alleys shall be provided for service access.

(A) Easements across lots or centered on rear or side lot lines shall be provided where necessary for utilities and shall be 12 feet wide. Aboveground utilities shall be located within the easements where possible.

(B) A stormwater easement or drainage right-of-way may be required by the Planning Commission where necessary for proper drainage within or through a subdivision.

Where a proposed park, playground, school, or other public use shown in the master plan is located in whole or in part in a subdivision, the Planning Commission may require the reservation of the area as may be deemed reasonable.

(A) Previous to the filing of an application for conditional approval of the preliminary plat, the subdivider shall meet with the Planning Commission for the purpose of ascertaining the location of proposed major streets, parks, playgrounds, school sites, and other planned projects which may affect the property being considered for subdivision.

(B) The subdivider shall review with the Planning Commission the minimum standards of design for the subdivision as specified in

§§ 155.15 through 155.21. Such informal review should prevent unnecessary and costly revisions.

(A) After meeting informally with the Planning Commission as recommended in § 155.35, the subdivider shall cause to be prepared a preliminary plat prior to the making of any street improvements or installation of any utilities.

(B) The preliminary plat shall meet the standards of design as set forth in §§ 155.15 through 155.21 and shall give the following information insofar as possible:

(2) Name of subdivision, names and addresses of the owners, the engineer or surveyor, and owners of adjacent property.

(5) Contours at an interval of not greater than five feet or a lesser interval if deemed necessary by the Planning Commission.

(8) Streets on and adjacent to the tract and their names, widths, approximate grades, and other dimensions as may be required.

(9) Utilities on and adjacent to the tract showing proposed connections to existing utility systems.

(ll) Sites, and their acreages, if any, to be reserved or dedicated for parks, playgrounds, or other public uses. Sites, if any, for semi-public, commercial or multi-family uses.

(13) Copies of the proposed deed restrictions, if any, shall be attached to the preliminary plat.

Six copies of the preliminary plat and supplementary material specified shall be submitted to the Enforcement Officer with a written application for conditional approval at least ten days prior to the hearing at which it is to be considered.

('78 Code, App. A, Art. IV B.l.)(Ord., passed l-2-70; Am. Ord. 87-02, passed 3-26-87)

(A) The Enforcement Officer shall notify the subdivider by certified mail of the time and place of the hearing not less than 12 days before the date fixed for the hearing. Similar notice shall be mailed by the subdivider to the owners of land immediately adjoining the area proposed to be platted as shown on the proposed subdivision not less than five days prior to the hearing. The subdivider shall provide proof of such certified mailing as required herein to the Enforcement Officer 24 hours before the proposed hearing date.

(B) Copies of the preliminary plat shall be forwarded by the Enforcement Officer prior to the hearing to the following persons:

(3) Such other municipal, county, or state officials as directed by the Planning Commission.

('78 Code, App. A, Art. IV B. 2. and 3.)(Ord., passed l-2-70; Am. Ord. 87-02, passed 3-26-87)

(A) Within 30 days after the hearing on the preliminary plat, the Planning Commission shall approve, disapprove, or approve subject to modifications the plat. Failure of the Planning Commission to act on this preliminary plat within 45 days shall be deemed approval of the plat. If a plat is disapproved, reasons for such disapproval will be stated in writing. If approved, subject to modifications, the nature of the required modifications shall be indicated.

(B) The action of the Planning Commission shall be noted on two copies of the preliminary plat with any notations made at the time of approval or disapproval of the specific changes required. One copy shall be returned to the subdivider and the other retained by the Planning Commission.

(D) The approval of the preliminary plat shall lapse unless a final plat based thereon is submitted within one year from the date of such approval. An extension of time may be applied for and granted by the Planning Commission.

The following improvements are required, as specified, before final approval may be granted by the Planning Commission. The subdivider shall grade, provide a base for streets and alleys, install curbs, gutters, and sidewalks, monuments, sewers, storm drainage, and water mains in accordance with any additional specifications of the City (or County) Engineer, City (or County) Health Officer, or other city (or county) official having jurisdiction. When such specifications have not been adopted by local authorities, the Planning Commission shall accept specifications equal to those of the FHA Land Planning Bulletin No. 3.

(l) Two concrete monuments at least 36 inches in length and four inches square with a suitable center point shall be set at each street intersection on the street right-of-way line. Such monuments should be described in relation to the located section corners of the coordinate system of the State of Kentucky.

(2) Iron pin monuments 3/4 inches in diameter and 24 inches long shall be placed at all points on boundary lines where there is a change of direction and at all lot corners.

(l) Minimum pavement widths. Width shall be measured between curbs and shall be as follows:

*The subdivider will not be required to grade or provide a pavement base or surface in excess of that required for collector streets since such additional construction is required for the benefit of the general public. The Planning Commission will recommend that the city (or county) bear the extra expense of constructing the street to meet arterial street standards.

(2) Curb and gutters. The Planning Commission may waive the requirements of curb and gutters, if they are not deemed necessary for the proper drainage of storm water and where all lots have a width of 80 feet or more.

(3) Sidewalks. Sidewalks requirements for subdivisions will be the same as those defined in §§ 91.06, 91.07, 91.08 and 91.09. However, sidewalks are required for local streets in new subdivisions.

(l) Water supply system. Where public water supply, in the opinion of the Planning Commission, is reasonably accessible, the subdivider shall construct a complete water distribution system including a tee connection for each lot and appropriately spaced fire hydrants, or with an alternate supply approved by the City (or County) Health Officer where public water supply is not within a reasonable distance.

(2) Sanitary sewers. Where the public sanitary sewer system, in the opinion of the Planning Commission, is reasonably accessible, sanitary sewers shall be installed to adequately serve all lots with connections to the public system. Where lots cannot be served by the extension of an existing public sanitary sewer, the subdivider shall obtain approval of lot sizes from the City (or County) Health Officer for individual septic tanks and disposal fields, or approval of a neighborhood disposal system.

(3) Storm drainage. The Planning Commission shall not recommend for approval any subdivision which does not make adequate provision for storm water or flood water runoff channels or basins. The storm water drainage system shall be separate and independent of any sanitary sewer system. Storm sewers, where required, shall be designed in accordance with the statutes of the commmonwealth, including any regulation promulgated thereunder, and a copy of the design computation shall be submitted along with the plans. Inlets shall be provided so that surface water is not carried across or around any intersection, nor for a distance of more than 600 feet in the gutter. When calculations indicate that curb capacities are exceeded at a point, no further allowances shall be made for a flow beyond that point and holding basins shall be used to intercept flow at that point. Surface water drainage patterns shall be shown for each and every lot and block.

(a) Location. The applicant may be required by the Planning Commission to carry away by pipe or open ditch any spring or surface water that may exist either previously to, or as a result of, the subdivision. Such drainage facilities shall be located in the road right-of-way where feasible or in perpetual unobstructed width, and shall be constructed in accordance with the construction standards and specifications.

1. Where a public storm sewer is accessible, the applicant shall install storm sewer facilities. If no outlets are within a reasonable distance, adequate provision shall be made for the disposal of storm waters, subject to the specifications of the Building Inspector. However, in commercial and industrial subdivisions, underground storm sewer systems shall be constructed throughout the subdivision and be conducted to an approved outfall. Inspection of facilities shall be conducted by the Building Inspector.

2. If a connection to a public storm sewer is planned, as determined by the Building Inspector and the Planning Commission, the developer shall make arrangements for future storm water disposal by a public utility system at the time the plat receives final approval.

(D) Street name signs. The Planning Commission may require the installation of street signs at all intersections.

(A) Approval of improvements. No final plat shall be approved by the Planning Commission or accepted for record by the County Clerk until the improvements listed are constructed and approved by the appropriate city (or county) officials having jurisdiction.

(B) Security bond or certified check. In lieu of the prior construction the Planning Commission may accept a security bond or certified check running to the city (or county) sufficient to cover the estimated cost of the required improvements. The bond or check shall be subject to the condition that the improvements will be completed within one year after approval of the final plat.

The final plat shall conform substantially to the preliminary plat as approved, and it may constitute only a portion of the preliminary plat which the subdivider proposed to record and develop.

(B) Date, title, name, and location of the subdivision, graphic scale, and true north line.

(C) All dimensions, angles, bearings, and similar data on the plat shall be tied to primary control points as approved by the City (or County) Engineer. Location and description of the control points shall be given.

(D) Tract boundary lines, right-of-way lines of streets, easements, other rights-of-way, property lines of residential lots and other sites with accurate dimensions to the nearest l/100 of a foot; bearings or deflection angles, radii, arcs, and central angles of all curves with dimensions to the nearest minute.

(E) Name and right-of-way width of each street, easement, or other right-of-way.

(G) Purpose for which sites, other than residential lots, are dedicated or reserved.

(J) Names and locations of adjoining subdivisions and streets, and the location and names of owners of adjoining unplatted property.

(K) Certification on plat of title showing that applicant is the owner and a statement by such owner dedicating streets, rights-of-way, and any other sites for public use.

(L) Certification on plat by surveyor or engineer as to the accuracy of survey and plat.

(M) Certification by the City (or County) Health Officer when individual sewage disposal or water systems are to be installed.

(N) Certification by City (or County) Engineer that the subdivider has complied with one of the following alternatives:

(l) All the improvements have been installed in accordance with the requirements of these regulations, or

(2) A security bond or certified check has been posted with the city (or county) legislative body in sufficient amount to assure such completion of all required improvements.

(O) Cross-sections and profiles of streets showing grades, and drawn to city (or county) standard scales and elevations, shall be attached to the final plat.

(P) Protective covenants shall either be placed directly on the final plat or attached thereto in form for recording.

(Q) Certification on plat by the Chairman of the Planning Commission that the plat has been approved for recording in the office of the County Clerk.

(A) The original tracing in black drawing ink and six copies (black and white prints), together with any street profiles or other plans that may be required shall be submitted to the Enforcement Officer by the subdivider at least ten days prior to the meeting at which it is to be reviewed.

(B) One copy of the final plat shall be transmitted to the City (or County) Engineer, who will check the plat as to computations, certification, monuments, and the like; and that all the required improvements have been completed to the satisfaction of the city (or county) officials having jurisdiction, or, in case a security bond or certified check has been posted in lieu of completing the improvements, that amount posted is sufficient to cover the cost of the required improvements. If found satisfactory, he will return the copy of the final plat to the Planning Commission with his approval certified thereon.

(C) One copy shall be transmitted to the City (or County) Health Officer when individual sewage disposal or water supply systems are to be installed. If the plat meets the approval of the Health Officer, he shall return the copy with his approval certified.

('78 Code, App. A, Art. B l. - 3.)(Ord., passed l-2-70; Am. Ord. 87-02, passed 3-26-87)

(A) Within 45 days after the review of the final plat, the Planning Commission shall approve or disapprove the plat. Failure of the Planning Commission to act on this final plat within 45 days shall be deemed approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Planning Commission.

(B) Approval of the Planning Commission shall not constitute the acceptance by the public of the dedication of any streets or other public way or ground.

(C) When the final plat has been approved by the Planning Commission, one copy shall be returned to the subdivider, with the approval of the Planning Commission certified thereon for filing with the County Clerk as an official plat of record; the original tracing with the certification of the Planning Commission shall also be returned to the subdivider; another copy certified by the Planning Commission will be transmitted to the city (or county) legislative body for necessary action on any proposed dedication.

(A) Exceptional conditions. The Planning Commission may grant a variance to these regulations where by reason of the exceptional shape of a specific piece of property, or where by reason of exceptional topographic conditions, the strict application of these regulations would result in extreme practical difficulties and undue hardship upon the owner of such property; provided, however, that relief may be granted without detriment to the public good and without substantially impairing the intent and purpose of these regulations. In granting the variances or modifications, the Planning Commission may require such conditions as will substantially secure the objectives of the standards or requirements varied or modified. Financial disadvantage to the property owner is no proof of hardship within the purpose of these regulations.

(B) Group housing developments. A comprehensive group housing development, including the large scale construction of housing units together with necessary drives and ways of access may be approved by the Planning Commission although the design of the project does not include standard street, lot, and subdivision arrangements; provided departure from the standards of these regulations can be made without destroying their intent.

(C) Procedural variance. Where a proposed subdivision would contain five or less parcels or plots of land and no new streets, the procedure of preparing a preliminary plat may be waived.

(A) No plat or plan of a subdivision of land located within the jurisdiction of the Planning Commission shall be admitted to the record of Carroll County or received or recorded by the County Clerk until the plat has received final approval in writing by the Planning Commission as provided in KRS 100.283.

(B) No board, public officer, or authority shall accept, lay out, improve, or authorize utilities to be laid in any street within the territory for which the Planning Commission has adopted a major street plan unless the street has received a legal status of a public street prior to the adoption of the major street plan; or unless a street corresponds with a street shown on the major street plan; or a street on a subdivision plat or a street plat has been approved by the Planning Commission as provided in KRS 100.277.

(C) After adoption of the major street plan by the Planning Commission, no building shall be erected or building permit issued within the territory unless the requirements as provided in KRS 100.273 et seq. have been fulfilled. If any building is erected in violation of these regulations, the Planning Commission may cause such construction to be restrained as set forth in KRS 100.29l.

(A) Whoever violates any provisions of this chapter for which no other penalty is provided shall be guilty of a misdemeanor and shall be fined not less than $10 nor more than $500 or imprisoned for not more than 30 days, or both, for each offense. Each day of violation shall constitute a separate offense. (KRS 100.99l(l))

(B) Any person, owner, or agent who violates this chapter shall be guilty of a violation and shall, upon conviction, be fined not less than $100 nor more than $500 for each lot or parcel which was the subject of sale or transfer, or a contract for sale or transfer. (KRS 100.99l(2))

(C) The Planning Commission may appoint enforcement officers who shall have authority to issue citations for violations of this chapter which the officer has observed, but shall not have the powers of peace officers to make arrests or carry deadly weapons. The defendant shall appear within a designated time pursuant to the citation.

(D) The procedure for citations issued by an enforcement officer shall be as provided in KRS 431.015.

The City Council as authorized by KRS 100.201 hereby enacts the zoning regulations contained in this chapter.

(A) This chapter may also be known and cited as the city zoning code. The zoning map referred to herein is hereby made a part of this chapter by reference.

(B) Certified copies of this chapter are on file with the Planning Commission, with the Carrollton County Clerk, and with the City Clerk/Treasurer.

('78 Code, App. B, Art. I 1.2) (Ord., passed 4-1-70; Am. Ord. 91-07, passed 5-8-91)

The purpose of this chapter is to promote the general welfare by establishing and regulating zoning districts throughout the city for the specific purposes detailed in KRS 100.201. In establishing the zoning districts, this chapter seeks the general welfare by designating sufficient space for all necessary uses of the land, by protecting the permitted uses in each district from the undesirable effects of conflicting uses, and by ensuring the stable value of all permitted development. This chapter further seeks the general welfare by protecting the efficiency and encouraging the improvement of traffic circulation and access to the land in all districts in order that daily travel and commerce may increase in safety and may be carried forth with a minimum of delay for the benefit of all activities and persons in the city.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"ACCESSORY STRUCTURE OR USE." Any structure or use, other than the principal structure or use, directly incidental to or required for the enjoyment of the permitted use of any premises; also as specifically designated under the zoning district regulations of this chapter.

"ADVERTISING SIGN." Any word, lettering, parts of letters, figures, numbers, phrases, sentences, emblems, devices (including loudspeakers), designs, pictures, trade names, or trademarks by which anything is made known, such as are used to designate an individual, a firm or association, a corporation, a progression, a business, a service, a commodity, or a product, which are visible from any public street or right-of-way and designed to attract attention. The term "sign" shall not include the flag, pennant, or insignia of any nation, state, city, or other political unit, or any political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event.

"ALTERATION." Any change or addition to the supporting members or foundation of a structure.

“BILLBOARD.” Any advertising device, sign, display, or other device intended to attract the attention of operators of motor vehicles on public roadways, and shall include a structure erected or used in connection with the display of any device and all lighting or other attachments used in connection therewith, but does not include the following:

(2) Signs advertising the sale or lease of property upon which they are located; or

(3) Signs advertising activities conducted on the property on which they are located

"BUILDING." Any structure which fully encloses a space for the occupancy of persons or their activities. A mobile home is not a building.

“CELLULAR ANTENNA TOWER.” A tower constructed for or an existing facility that has been adapted for the location of transmission or related equipment to be used in the provision of cellular telecommunications services or personal communications services.

“CELLULAR TELECOMMUNICATIONS SERVICE.” Retail telecommunications service that uses radio signals transmitted through cell sites and mobile switching stations.

“CO-LOCATION.” Located two or more transmission antennas or related equipment on the same cellular antenna tower.

"COMMERCIAL FLOOR AREA." Floor area of a building which is devoted to the storage and display of merchandise, the performance of consumer services, or the circulation and accommodation of customers.

"CONDITIONAL USE." A use which is essential to or would promote the public health, safety, or welfare in one or more zones, but which would impair the integrity and character of the zone in which it is located or in adjoining zones unless restrictions on location, size, extent, and character of performance are imposed in addition to those imposed in the zoning regulation.

"CONDITIONAL USE PERMIT." Legal authorization to undertake a conditional use, issued by the administrative official pursuant to authorization by the Board of Adjustment consisting of two parts:

(l) A statement of the factual determination by the Board which justifies the issuance of the permit.

(2) A statement of the special conditions which must be met in order for the use to be permitted.

"CONSUMER SERVICES." Sale of any service to individual customers for their own personal benefit, enjoyment or convenience, and for fulfillment of their own personal needs. For example, consumer services include the provision of the personal services such as beautician and barbering services, the provision of lodging, entertainment, specialized instruction, financial service, automobile storage, transportation, laundry and dry cleaning services, and all other similar services.

"DWELLING" and "DWELLING UNIT." A dwelling is a building providing shelter, sanitation, and the amenities for permanent habitation. It does not include mobile homes, temporary lodging, or sleeping rooms. Dwelling unit refers to that dwelling accommodation within a building designed for one individual or family unit maintaining separate and independent housekeeping.

"ENFORCEMENT OFFICER." The administrative official of the city designated by the Mayor and approved by Council, who shall be charged and provided with the authority to enforce the ordinances, regulations, codes, and orders of the Planning Commission and the Mayor.

"HEIGHT." The vertical distance measured from the average finished grade at the front building line to the highest point of the structure.

"HISTORICALLY SIGNIFICANT BUILDING." A building which, because of its connection with local, state, or national history, is deemed of sufficient importance to merit special zoning considerations.

"HOME OCCUPATION." An occupation conducted in a dwelling unit, as a secondary use, which is incidental to the principal residential use, provided that:

(1) No person other than members of the family residing on the premises shall be engaged in such occupation.

(2) The occupation or profession shall be conducted entirely within the principal residential structure. No home occupation or storage related thereto shall be conducted in an accessory building.

(3) No more than 25% of the total combined floor area of the dwelling unit, basement areas, attached garage within the structure shall be used in the conduct of the home occupation.

(5) There shall be no charge in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not to exceed two square feet in area and nonilluminated.

(6) There shall be no outside storage of equipment or materials used in such home occupation.

(7) The home occupation shall not generate any atmospheric pollution light flashes, glare, odors, noise, vibration, or truck or other heavy traffic.

(8) Any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this chapter, and shall not be located in a required front yard.

(9) Permitted uses shall include, but not be limited to the following: Professional offices, studios, and personalized services.

(10) Non-permitted uses shall include, but not be limited to the following: Retail sales of any kind or nature, catering services, processing, and storage.

"INDUSTRY." The processing of products or raw materials. The two categories of industry are defined according to the following performance standards:

(1) "HEAVY INDUSTRY." Those industries whose processing operations result in the outdoor storage or processing of materials

or products, the emission of any atmospheric pollution, visible light flashes or glare, odors, noise, or vibration which may be heard or felt off the premises or those industries which constitute a fire or explosion hazard.

(2) "LIGHT INDUSTRY." Manufacturing or other industrial uses which are controlled operations. In this area you will not have processing that may potentially create undesirable noise, odors, dust, smoke, hazardous materials, or waste. Also prohibited are large bulk transportation forms that would disrupt normal traffic. Such areas will provide employment opportunities for community and regional labor markets.

"JUNKYARD." Property used for the outdoor storage, display, or keeping of inoperative machinery, whether or not it is capable of operation, or the accumulation of trash, waste material, or vegetation, in a manner which is unsightly, offensive, or not in harmony with surrounding property.

"LOCAL INFORMATION SIGN." A sign indicating directions to a local commercial, industrial, or other type establishment.

"LOT." A parcel of land under one ownership devoted to a common use or occupied by a single principal building plus accessory structures.

(1) "CORNER LOT." A lot which abuts on two intersecting streets at their intersection.

(2) "DOUBLE-FRONTAGE LOT." Any lot other than a corner lot which abuts on two streets.

(3) "LOT LINE." The boundary dividing a lot from a right-of-way, adjoining lot, or other adjoining tract of land. Front, rear, and side lot lines are self-explanatory.

"MOBILE HOME." A dwelling unit, factory built and factory assembled, designed for conveyance after fabrication, on streets and highways and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for minor incidental unpacking and assembly operations such as locating on jacks, or other foundation, or connection to utilities. The mobile home, whether a single, double or multi-section assembled unit is preconstructed on I-Beam(s) or a similar chassis that cannot be removed and still maintain the structural ability of the unit. The system for allowing transporting the structure is included in the structure itself, including but not limited to, axles, wheels, tong, as opposed to being transported to a site on a trailer or a wagon separate and apart from the structure. These structures are not subject to the preview of the Commonwealth of Kentucky Department of Housing, Building and Construction, Division of Building Code Enforcement. The structures are regulated under the HUD Code.

"MOBILE HOME PARK." A tract of land prepared and approved according to the procedures in this chapter to accommodate ten or more mobile homes.

"NONCONFORMING STRUCTURE OR USE." A structure or use of any premises which does not conform with all applicable provisions of this chapter but which existed at the time of its designation as nonconforming by the adoption or amendment of this chapter.

"NON-RETAIL COMMERCIAL." Commercial sales and services to customers who intend resale of the products or merchandise sold or handled. For example, non-retail commercial includes wholesaling, warehousing, trucking terminals, and similar commercial enterprises.

"PLANNED DEVELOPMENT PROJECT." A complex of structures and uses planned as an integral unit or community development.

"PREMISES." A lot or other tract of land under one ownership and all the structures on it.

"PROCESSING." Manufacturing, reduction, extraction, packaging, repairing, cleaning, and any other similar original or restorative treatment applied to raw materials, products, or personal property. "PROCESSING" does not refer to the fabrication of structures, however.

"PUBLIC SERVICE BUILDING." Any building necessary for the operation and maintenance of a utility.

"RETAIL SALES." Sale of any product or merchandise to customers for their own personal use, not for resale.

"ROAD." A traffic-carrying way. As used in this chapter a "ROAD" may be privately owned.

"SLEEPING ROOM." A single room rented for dwelling purposes but without the amenities for separate and independent housekeeping.

"STREET." Any highway or other public traffic-carrying way. An arterial street is any numbered federal, state, or county highway unless otherwise designated by the Planning Commission.

"STRUCTURE." Any combination of materials fabricated to fulfill a function in a fixed location on the land. "STRUCTURE" includes buildings.

"USE." Broadly refers to the activities which take place on any land or premises and also refers to the structures located thereon and designed for those activities.

"VARIANCE." A departure from dimensional terms of this zoning code pertaining to the height, width, or location of structures, and the size of yards and open spaces where such departure meets the requirements of KRS 100.241 to 100.247. (KRS 100.111)

"YARD." The open space surrounding the principal building on any lot, unoccupied and unobstructed by any portion of that building from the ground to the sky except where specifically permitted by this chapter. Yards are further defined as follows:

(1) "FRONT YARD." That portion of the yard extending the full width of the lot and measured between the front lot and a parallel line tangent to the nearest part of the principal building, which line shall be designated as the front yard line.

(2) "REAR YARD." That portion of the yard extending the full width of the lot measured between the rear lot line and a parallel line tangent to the nearest part of the principal building.

(3) "SIDE YARD." Those portions of the yard extending from the front yard to the rear yard and measured between the side lot lines and parallel lines tangent to the nearest parts of the principal buildings.

(178 Code, App. B, Art. 11 2.1) (Ord., passed 4-1-70; Am. Ord. 89-05 passed 5-10-89; Am. Ord. 92-36, passed 11-11-92; Am. Ord. 90-04, passed 3-23-99; Am. Ord. 01-01, passed 1-30-01)

All existing and future structures and uses of premises within the city shall conform with all applicable provisions of this chapter Each zoning district is established to permit only those use specifically listed as permitted, except as provided under th nonconforming provisions, and is intended for the protection of those uses. No other uses are permitted.

In case of conflict between this chapter or any part thereof and the whole or part of any existing or future ordinance of the city or the whole or part of any existing or future private covenants or deeds, the most restrictive in each case shall apply.

The city is divided into types of zoning districts as shown on the zoning map, and these districts are designated as follows:

The following rules shall be used to interpret the exact location of the zoning district boundaries shown on the zoning map:

(A) Where a zoning district boundary follows a street or railroad the center line of the street or railroad right-of-way is the boundary of the district.

(B) Where a zoning district boundary approximately follows a lot or property line, that line is the boundary of the district.

(C) Where a zoning district boundary follows a stream or the shore of a body of water, that stream or shore line is the boundary of the district.

(D) Where a zoning district boundary does not clearly follow any of the features mentioned above, its exact location on the ground shall be determined by measurement according to the map scale.

(E) In any case where the exact location of a boundary is not clear, the Board of Adjustment shall use these rules to determine the exact location upon application by the Enforcement Officer for an original interpretation.

(A) In case any area in which this chapter does not apply hereafter becomes a part of the city, the Planning Commission shall initiate the amendment procedure to assign such areas to a zoning district within 60 days after the new area has become a part of the city. Notice shall be given as required by KRS Chapter 424.

(B) Until such proceedings take place, the area is considered an extension of the largest contiguous district. If the classification of such an area is questionable, the Enforcement Officer may, upon approval by the Planning Commission, refuse to issue zoning permits until the area is assigned to a zoning district.

(4) Cellular antenna towers or co-location of any cellular telecommunications service.

(2) Duplexes and multiple-family dwellings with a maximum of six dwelling units per lot.

(3) Planned development projects for residential use only. The procedure under §§ 156.065 through 156.068 shall be followed.

(D) Non-permitted uses in R-2 Districts.

(1) Modular homes as defined in ' 156.070;

(2) Mobile homes as defined in ' 156.080;

(3) Billboards; and

(4) Cellular antenna towers or co-location of any cellular telecommunications service.

(E) Permitted uses in R-3 Districts.

(l) Single-family dwellings.

(2) Duplexes and multiple-family dwellings.

(3) Planned development projects for residential use only. The procedure under '' 156.065 through 156.068 shall be followed.

(F) Non-permitted uses in R-3 Districts.

(1) Mobile homes as defined in ' 156.080;

(2) Cellular antenna towers or co-location of any cellular telecommunications service;

(3) Billboards; and

(4) Cellular antenna towers or co-location of any cellular telecommunications service.

(G) Accessory structures and uses permitted in all residential districts.

(l) Garage or other building not used as a dwelling and accessory to the principal use.

(2) Private swimming pools.

(3) Renting of sleeping rooms. Three sleeping rooms are the maximum that shall be rented in any building.

(4) Home occupations. The Board of Adjustment shall rule on home occupations according to the definition in ' 156.004 upon application by the Enforcement Officer when the classification is in doubt.

(H) Conditional uses in all residential districts.

(1) Nonprofit public or private facilities such as schools, churches, cemeteries, libraries, parks, recreational facilities, hospitals, institutions, and the like.

(2) Neighborhood commercial facilities as part of a planned development project. The procedure under '' 156.065 through 156.068 shall be followed.

(5) Assisted living residences. As defined and regulated by KRS 209.200 Assisted Living Residences; Requirements for Certification; Procedures. Also to follow any and all guidelines set forth in ' 156.041.

The regulations on the dimensions and area for lots and structures are set forth in the Schedule of Dimension and Area Regulations in ' 156.027. The applicable regulations shall be observed in all residential districts.

passed 11-9-88; Am. Ord. 90-16, passed 9-12-90; Am. Ord. 98-19, passed 12-9-98; Am. Ord. 99-04, passed 3-23-99; Am. Ord. 99-17, passed 10‑26‑99; Am. Ord. 09-01, passed 3-9-09) Penalty, see ' 156.999

(A) C-l Central Business District. The purpose of this District is to provide commercial activities in a concentrated area with an emphasis on large scale and specialty establishments. This will enable the public to participate in many types of commercial activities at one time without depending upon motor transportation for mobility.

(1) Permitted uses. These include all specialty stores, department stores, places of amusement and entertainment, but excludes those which would be detrimental to the purpose of the Central Business District, such as any commercial activity which would cater primarily to the motoring public. Some examples are service stations, motels, drive-in restaurants, drive-in theaters, automobile dealerships and used car lots.

(a) Outdoor advertising signs. Only signs which are flush with the building or which are generally intended to improve the street should be encouraged. This should not be interpreted as a sign‑control device.

(b) Planned development projects for commercial and high density residential use only. The procedure under '' 156.065 through 156.068 shall be followed.

(2) Conditional uses. Public facilities such as libraries, churches, parks, recreational facilities, hospitals, institutions, and the like.

(a) Cellular antenna towers or co-location of any cellular telecommunications service; and

(B) C-2 Neighborhood Commercial District. This District is to be used for retail trade and personal services enterprises which will meet the regular needs of the occupants of surrounding residential areas.

(a) Retail sales for neighborhood consumption. Processing is permitted only if all products processed are sold at retail on the premises.

(b) Consumer services. Processing is permitted only if all the processing is performed as a consumer service for retail customers served on the premises.

(a) Public facilities such as libraries, churches, parks, recreational facilities, hospitals, institutions, and the like.

(e) Advertising signs. Because neighboring commercial facilities are designed to serve the people who live so close that they require little outdoor advertising, and because such advertising contributes to the incompatibility of business in residential areas, all signs should be approved as conditional uses in C-2 zones and only where need can be demonstrated and design is compatible.

(a) Cellular antenna towers or co-location of any cellular telecommunications service; and

(2) Permitted use regulations. A building or premises shall be used only for the following purposes:

(e) Planned development project for commercial use only. The procedure under §§ 156.065 through 156.068 shall be followed.