It is the purpose of this article to promote the public health, safety and general welfare and to minimize flood losses resulting from periodic inundation by applying the provisions of this article to:

1.

Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.

2.

Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.

3.

Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.

4.

Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program.

(Ord. No. 1088, exh. A(13.10), 10-4-1982)

13.21

Establishment of zoning districts. The mapped floodplain areas within the zoning jurisdiction of Larned, Kansas, are hereby divided into the two following districts: a Floodway Overlay District (FW) and a Floodway Fringe Overlay District (FF). These zones shall be consistent with the numbered and unnumbered A zones (including AO and AH zones) as identified on the flood insurance rate map (FIRM) and identified in the Flood Insurance Study (Flood Boundary and Floodway Map) provided by the Federal Emergency Management Agency. Within these districts, all uses not meeting the standards of this article and the standards of the underlying zoning district shall be prohibited.

13.22

Amendments. The regulations, restrictions and boundaries set forth is this ordinance may from time to time be amended, supplemented, or changed to reflect any changes in the National Flood Disaster Protection Act of 1973 or the Flood Insurance Rate Map for the Larned zoning jurisdiction; provided, however, that all such actions shall comply with the provisions of article 10.

13.23.

Compliance. No use shall be initiated or relocated nor shall any structure be constructed, relocated or substantially improved within the "FW" or "FF" districts without full compliance with the terms of this article and other applicable regulations.

13.24.

Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. The article does not imply that areas outside the Floodway (FW) and Floodway Fringe (FF) district boundaries or land uses permitted within such districts will be free from flooding or flood damages. This article shall not create a liability on the part of the City of Larned, Kansas, or any officer or employee thereof for any flood damages that may result from reliance on this ordinance or any administrative decision lawfully made thereunder.

(Ord. No. 1088, exh. A(13.20—13.24), 10-4-1982)

13.31.

Permit required. No person, firm or corporation shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate building permit.

13.32.

Administration. The zoning administrator shall be responsible for the administration and enforcement of this article. Duties of the zoning administrator shall include, but not be limited to:

1.

Review all building permit applications to ensure that sites are reasonably safe from flooding and that the permit requirements of this ordinance have been satisfied.

2.

Review permit applications for proposed development to ensure 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 Kansas Division of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

4.

Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

5.

Verify, record and maintain records of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

6.

Verify, record and maintain records of the actual elevation (in relation to mean sea level) to which new or substantially improved structures have been floodproofed.

7.

When floodproofing is utilized for a particular structure, the zoning administrator shall be presented certification showing that a registered professional engineer or architect designed the floodproofed portion of the structure.

13.33.

Permit application. To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall:

1.

Identify and describe the work to be covered by the permit.

2.

Describe the land on which the proposed work is to be done by lot, block, tract, and street address or a similar description that will readily identify and locate the proposed building or work.

3.

Indicate the use or occupancy for which the proposed work is intended.

4.

Be accompanied by plans and specifications for proposed construction.

5.

Be signed by the applicant or his authorized agent who may be required to submit evidence to indicate such authority.

6.

Give such other information as may reasonably be required by the zoning administrator.

(Ord. No. 1088, exh. A(13.30—13.33), 10-4-1982)

13.41.

No permit for development shall be granted for new construction, substantial improvements and other improvements including the placement of mobile homes within the Floodway ("FW") and Floodway Fringe ("FF") Overlay District unless the conditions of this section are satisfied.

13.42.

All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-year flood; however, the water surface elevation was not provided. The unnumbered A zones shall be subject to all development provisions of this ordinance. If flood insurance study data is not available, the community shall utilize any base flood elevation data from federal, state or other sources.

13.43.

New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of manufactured homes and other development shall require.

1.

Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2.

New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination.

3.

Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damage, and with electrical, heating, ventilation, plumbing and air conditioning equipment and other service qualifies that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

4.

All utility and sanitary facilities be elevated or floodproofed up to the regulatory flood protection elevation.

5.

That until a floodway has been designated, no development, including landfill, may be permitted within zones A1-30 on the city's FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100-year flood more than one foot on the average cross section of the reach in which the development or landfill is located as shown on the flood insurance rate study.

6.

Storage of material and equipment:

a.

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.

b.

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.

7.

Subdivision proposals and other proposed new development be required to assure that

a.

All such proposals are consistent with the need to minimize flood damage;

b.

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage;

c.

Adequate drainage is provided so as to reduce exposure to flood hazards; and

d.

Proposals for development of five acres or 50 lots, whichever is lesser, include within such proposals the regulatory flood elevation.

(Ord. No. 1088, exh. A(13.40—13.43), 10-4-1982)

13.51.

Permitted uses. Those uses permitted in the underlying district are permitted in the "FF" Overlay District, subject to the provisions of this article.

13.52.

Conditional uses. Those uses conditionally permitted in the underlying district are conditionally permitted in the "FF" Overlay District, subject to the provisions of the article.

13.53.

Intensity of use regulations. Same as in underlying zone.

13.54.

Height regulations. Same as in underlying zone.

13.55.

Yard regulations. Same as in underlying zone.

13.56.

Use limitations.

1.

Require new construction, substantial improvements, or residential structures to have the lowest floor, including basement, elevated to not less than one foot above the base flood elevation.

2.

Require new construction or substantial improvements of nonresidential structures to have the lowest floor, including basement, elevated to or one foot above the base flood elevation or, together with attendant utility and sanitary facilities, to be floodproofed so that below such a 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 official as set forth in section 13.32.7.

3.

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.

4.

Within AH zones adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

5.

Manufactured homes.

a.

All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with local building codes or FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

1)

Over-the-top ties to be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side.

2)

Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and manufactured homes less than 50 feet long requiring four additional ties per side.

3)

All components of the anchoring system be capable of carrying a force of 4800 pounds.

4)

Any additions to manufactured homes be similarly anchored.

b.

Require that all manufactured homes to be placed within zones A1-30, AH, and AE on the community's FIRM, 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 13.56, 5.A.

6.

Located within the areas of special flood hazard established in this article are areas designated as AO zones. 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 within AO zones:

a.

All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified).

b.

All new construction and substantial improvements of nonresidential structures shall:

(1)

Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or

(2)

Together with attendant utility and sanitary facilities, be completely floodproofed to or above the 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. Such certification shall be provided to the official as set forth in section 13.32.7.

c.

Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

(Ord. No. 1088, exh. A(13.50—13.56), 10-4-1982; Ord. No. 1330, § 11, 3-1-1999)

13.61.

Permitted use. Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the Floodway "FW" District to the extent that they are not prohibited by the underlying district. All encroachments, including fill, new construction, substantial improvements and other development shall be prohibited unless certification by a registered professional engineer or architect is provided demonstrating that the encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. No use shall increase the flood levels of the regulatory flood elevation. The uses listed below are permitted subject to the use limitations of section 13.65 and the requirements of the underlying district.

1.

Agricultural uses such as general farming, pasture, nurseries, and forestry.

2.

Open space uses accessory to residential uses such as lawns, gardens, parking and play areas.

3.

Open space uses accessory to non-residential uses such as loading areas, parking and airport landing strips.

4.

Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves.

13.62.

Intensity of use regulations. Same as in the underlying district.

13.63.

Height regulations. Same as underlying district.

13.64.

Yard regulations. Same as underlying district.

13.65.

Use limitations. Same as district "FF," see section 13.56.

(Ord. No. 1088, exh. A(13.60—13.65), 10-4-1982)

13.71.

A variance to the strict application of any provision of this article may be granted by the board of zoning appeals subject to the provisions of article 9, provided that such a variance may only be granted if:

1.

The structure is to be erected on a lot of one-half acre or less in size and such lot is contiguous to and surrounded by lots with existing structures constructed below the regulatory flood protection elevation.

2.

The structure is listed on the National Register of Historic Places or the state inventory of historic places to be restored or reconstructed.

13.72.

Variances shall not be issued except upon

1.

A showing of good and sufficient cause;

2.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

3.

A determination that the variance issued 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 or state laws or ordinances.

13.73.

Variances may only be issued upon a determination that the applicant requesting a variance shall meet the minimum necessary standards of this ordinance to afford relief.

13.74.

The city will notify the applicant that the issuance of a variance to locate a structure at an elevation below the 100-year flood level will result in increased rates for flood insurance coverage. The applicant will provide written and notarized acknowledgement of such notification.

(Ord. No. 1088, exh. A(13.70—13.74), 10-4-1982)

Any structure or any use of a structure or land which was lawfully in existence before the effective date of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the provisions of article 8.

(Ord. No. 1088, exh. A(13.80), 10-4-1982)

In addition to the words and phrases defined in article 12, the words and phrases listed below shall be interpreted as follows, unless the context clearly indicates otherwise:

1.

Actuarial or risk premium rates mean those rates established by the administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with section 1307 of the Act and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.

2.

Appeal means a request for a review of the zoning administrator's interpretation of any provision of this ordinance or a request for a variance.

3.

Area of shallow flooding means a designated AO or AH zone on a community's flood insurance rate map (FIRM) with a one percent or greater annual change of flooding to an average depth of one to three feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

4.

Area of special flood hazard is the land in the 100-year floodplain within a community subject to a one percent or greater chance of flooding in any given year.

5.

Base flood means the flood having a one percent chance of being equaled or exceeded in any year, and being a flood that is projected to occur once each 100 years.

6.

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.

7.

Existing construction means (for the purposes of determining rates) structures for which the "start of construction" commenced before the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures."

8.

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 or tidal waters.

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

9.

Flood insurance rate map (FIRM) means an official map of the community, on which the flood insurance study has delineated the flood hazard boundaries and the zones establishing insurance rates applicable to the community.

10.

Floodway insurance study is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.

11.

Floodway or regulatory 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.

12.

Floodway fringe is that area of the floodplain, outside of the floodway, that on the average is likely to be flooded once every 100 years (i.e., that has a one percent chance of flood occurrence in any one year).

13.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.

14.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

15.

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 floodplain management purposes the terms "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 of the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

16.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

17.

New construction means for which the start of construction or substantial improvement is commenced on or after the effective date of the FIRM.

18.

Overlay district is a district in which additional requirements act in conjunction with the underlying zoning district(s). The original zoning district designation does not change.

19.

Start of construction means the first placement of permanent construction of a structure, other than a mobile home, on a site, such as the pouring of slabs or footings or any work beyond the state of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erections 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 not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or, any part thereof, on its piling or foundation. For mobile homes not within a mobile home park or a mobile home subdivision, start of construction means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, start of construction is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, construction of streets, final site grading or the pouring of concrete pads, and installation of utilities) is completed. For insurance rating purposes the terms "pre-FIRM" and "post-FIRM" may be used.

20.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

21.

Substantial improvements means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either

a.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum 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."

22.

Variance is a grant of relief to a person from the requirements of this ordinance which permits construction in manners otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship.

(Ord. No. 1088, exh. A(13.90), 10-4-1982; Ord. No. 1330, § 12, 3-1-1999; Ord. No. 1519, § 7, 10-25-2010)