The legislature of the State of Kansas has in K.S.A. 12-101 delegated the responsibility to local governmental units to adopt ordinances designed to promote the public health, safety and general welfare of its citizenry. Therefore, this city council of the city does ordain as follows.
(Ord. 139, Sec. 1)
(a) The flood hazard areas of the city are subject to periodic inundation which results in loss of life, 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,.
(b) These flood losses are caused by the cumulative effect of obstructions in flood plains 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, floodproofed, or otherwise protected from flood damages.
(Ord. 139, Sec. 1)
It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(a) Restrict or prohibit uses which are dangerous to health, safety and property in times of flooding or cause undue increases in flood heights or velocities.
(b) Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.
(c) Protect individuals from buying lands which are unsuited for the intended purpose because of flood hazard.
(d) Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the- National Flood Insurance Program.
(e) Objectives: The objectives of this article are to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains;
(6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and,
(7) Insure that potential home buyers are notified that property is in a flood hazard area.
(Ord. 139, Sec. 1)
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
Appeal means a request for a review of the building official's interpretation of any provision of this article or a request for a variance.
Area of Shallow Flooding means a designated AO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may not be evident.
Area of Special Flood Hazard is the land in the flood plain without a community subject to a one percent or greater chance of flooding in any given year.
Base Flood means the flood having a one percent chance of being equalled or exceeded in any given year.
Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) The overflow of inland waters.
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Hazard Boundary Map (FHBM) and Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Flood Insurance Study has delineated the flood hazard boundaries and the zones establishing insurance rates applicable to the community.
Flood Insurance Study is the official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.
Floodway means 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.
Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of this article.
Manufactured Home means 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 to the required utilities. For flood plain management purposes the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term manufactured home does not include park trailers, travel trailers, and other similar vehicles.
Manufacture Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Mean Sea Level means the average height of the sea for all states of the tide.
NVGD is National Vertical Geodetic Datum of 1929.
New Construction means structures for which the start of construction commenced on or after the effective date of this article.
Start of Construction. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement, and means the date the building permit was issued, provide that actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the 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 the excavation for a basement, footings, piers, or foundations or the erection of temporary form; nor does it include the excavation for a basement, footings, piers, or foundations or the erection of temporary form; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
Structure means a walled and roofed building that is principally above ground, as well as a manufactured home.
Substantial Improvement means any repair, reconstruction ,or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. 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 structures. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
Variance is a grant of relief to a person from the requirements of this article which permits construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship.
(Ord. 139, Sec. 2; Ord. 243, Sec. 3; Code 1992)
(a) Lands To Which This Article Applies. This article shall apply to all areas of special flood hazards within the jurisdiction of the city.
(b) Basis For Establishing The Areas Of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitled “The Flood Insurance Study for the City of Kechi,” dated February, 1980, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this article.
(c) Establishment of Development Permit. A development permit shall be required in conformance with the provisions of this article.
(d) Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations.
(e) Abrogation and Greater Restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions, However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(f) Interpretation. In the interpretation and application of this article, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor area; any other powers granted under state statutes.
(g) Warning and Disclaimer of Liability. The degree of flood protection required by this article 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 article does not imply that land outside the areas of special floodhazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
(Ord. 139, Sec. 3)
(a) Designation of Building Official. The building official is hereby appointed to administer and implement the provisions of this article.
(b) Duties and Responsibilities of the Building Official. Duties of the building official shall include, but not be limited to:
(1) Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this article have been satisfied.
(2) Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(3) Notify adjacent communities and the Division of Water Resources, Department of Agriculture, prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Insurance Administration.
(4) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.
(5) Verify and record the actual elevation (NVGD) of the lowest floor (including basement) of all new or substantially improved structures.
(6) Verify and record the actual elevation (NVGD) to which the new or substantially improved structures have been floodproofed.
(7) When floodproofing is utilized for a particular structure the building official shall obtain certification from a registered professional engineer or architect.
(8) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards. (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the building official shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section.
(9) When base flood elevation data has not been provided in accordance with section 16-405(b), then the building official shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of section 16-407.
(10) All records pertaining to the provisions of this article shall be maintained in the office of the city clerk and shall be open for public inspection.
(c) Permit Procedures. Application for a development permit shall be made to the building official on forms furnished by him or her and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials; drainage facilities, and the location of the foregoing, Specifically, the following information is required:
(1) Elevation (NVGD) of the lowest floor (including basement) of all structures.
(2) Elevation (NVGD) to which any nonresidential structure has been floodproofed.
(3) Provide a certificate from a registered professional engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria in section 16-407(b).
(4) Description of the extent to which any watercourse will be altered or relocated as result of proposed development.
(d) Variances Procedures.
(1) The city council of the city shall hear and decide appeals and requests for variances from the requirements of this article.
(2) The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the building official in the enforcement or administration of this article.
(3) Any person aggrieved by the decision of the city council or any taxpayer may appeal such decision to the district court of Sedgwick County, Kansas, pursuant to law.
(4) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic places or the State inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(5) In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:
(A) The danger that materials may be swept onto other lands to the injury of others;
(B) The danger to life and property due to flooding or erosion damage;
(C) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(D) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.
(6) Upon consideration of the factors listed above and the purposes of this article, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(7) Variances shall not be issued within any regulatory floodway if it can be determined that any increase in flood levels during the base flood discharge would result.
(8) Conditions for Variances.
(A) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(B) Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(C) Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(D) The city clerk shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(Ord. 139, Sec. 4)
(a) General Standards. In all areas of special floodhazards the following provisions are required:
(1) All new construction including mobile homes and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;
(2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;
(3) Allow new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
(4) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
(5) 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;
(6) Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding;
(7) The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited;
(8) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning;
(9) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(b) Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 16-405(b) or section 16-406(b)(9), the following provisions are required:
(1) Residential Construction – New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
(2) Non-Residential Construction – New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the officials as set forth in section 16-406(c)(3).
(3) Floodways – Located within areas of special regulatory flood hazard established in section 16-405(b) are areas designated as floodways. Since the regulatory floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
(A) Only upon certification by a professional registered engineer or architect demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge may encroachments, including fill, new construction, substantial improvements and other developments be constructed.
(B) If Section 16-407(b)(3)(A)(i) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 16-407.
(C) In Zone A unnumbered, obtain, review and reasonably utilize any floodway data available through federal, state or other sources or Sections 16-407(c)(4) of this article, in meeting the standards of this section.
(4) Mobile Homes.
(A) All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top or frame ties to ground anchors. Specific requirements shall be that:
(1) Over-the-top tie downs be provided at each end of the mobile home with two additional over-the-top tie downs, except mobile homes less than 50 feet long which must have one additional over-the-top tie down, which tie downs shall - be spaced an equal distance apart; or, frame tie downs be provided at each corner of the mobile home with two additional frame tie downs on each side, except mobile homes less than 50 feet long which must have one additional frame tie done per side, which tied downs shall be spaced an equal distance apart;
(2) All components of the anchoring system shall be capable of carrying a force of 4,750 pounds; and
(3) Any additions to the mobile home shall be similarly anchored.
(B) All manufactured homes to be placed or substantially approved within Zones A1-30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of section 16-407(b)(4)(A).
(1) Stands or lots are elevated on compacted fill or on piers so that the lowest floor of the mobile home will be at or over the base flood level;
(2) Adequate surface drainage and access for a hauler are provided; and
(3) In the instance of elevation on piers, lots are large enough to permit steps; piers are placed in stable soil no more than 10 feet apart; and reinforcement is provided for piers more than six feet above the ground level.
(c) Standards for Subdivision Proposals.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage.
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivisions), which is greater than either 50 lots or five acres.
(d) Require for all new construction and substantial improvements that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters, Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 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 shall be provided. 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 floodwaters.
(Ord. 139, Sec. 5; Ord. 243, Secs. 7:8; Ord. 245, Sec. 1)
(a) A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance but which is not in conformity with the provisions of this article may be continued subject to the following conditions:
(1) No such use or substantial improvement of that use shall be expanded, changed, enlarged, or altered in a way which increases its non-conformity.
(2) If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this article. The city clerk shall notify the building official in writing of instances of non-conforming uses where utility services have been discontinued for a period of 12 months.
(3) Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non-conforming uses.
(b) If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this article. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
(Ord. 139, Sec. 6)
(a) Violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a violation. Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 or imprisoned for not more than 30 days, or both, and in addition shall pay all costs and expenses involved in this case. Each day such violation continues shall be considered a separate offense.
(b) Nothing herein contained shall prevent the city or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 139, Sec. 7)
The regulations, restrictions and flood hazard boundaries set forth in this article may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided however, that no such action may be taken until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the community. The regulations of this article are in compliance with the National Flood Insurance Program Regulations as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976.
(Ord. 139, Sec. 8)