(a)

The F-P Floodplain District is intended for application in those areas of the community which are subject to inundation from surplus stormwater as defined by the Flood Insurance Study and accompanying Floodway Map, Community Panel Number 200215 0001 C, effective December 19, 1997, and any subsequent additions or amendments thereto, prepared for the city by the Federal Insurance Administration. This zone is intended for application throughout the zoning jurisdiction in locations where official floodplain delineation has been established.

(b)

The regulations are intended to minimize the extent of floods and reduce the height and violence thereof, to minimize the hazard of loss of lives and property caused by floods and to secure safety from floods through the confinement of floods within reasonable limits by regulating and restricting areas of development along or in natural watercourses and drainways.

(Ord. No. 4272, § 1(22-8.01), 4-7-2003)

State Law reference— Municipal authority and extraterritorial jurisdiction with regard to zoning regulations in floodplain zones, K.S.A. 12-754.

In the F-P Floodplain District no building or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the permitted uses in the parent district to which this district is made a part; provided that such uses and structures meet the minimum requirements of section 50-89.

(Ord. No. 4272, § 1(22-8.02), 4-7-2003)

Notwithstanding the requirements of the parent district, the other requirements of these zoning regulations, and the detailed regulations present in Ordinance No. 3650, the following regulations shall supplement the regulations of the parent district of which this district is made a part. These regulations shall supersede those of the parent district where there is a conflict among regulations.

(1)

Where by reason of flooding potential, and where the special flood studies and map indicate the possibility of detrimental or limiting conditions for development, no person shall initiate any development or substantial improvement, or cause the same to be done, without first obtaining a separate permit for development for each such building or structure in accordance with the detailed requirements of Ordinance No. 3956. The application for a development permit shall be prepared in writing upon forms furnished for that purpose and shall be filed in the city clerk's office. The application shall be accompanied by explanatory background information as required, which shall include as a minimum:

a.

Identification and description of the work to be covered by the permit.

b.

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

c.

Indication of the use or occupancy for which the proposed work is intended.

d.

Provision of plans and specifications for proposed construction.

e.

Signature of the permittee or authorized agent who may be required to submit evidence to indicate such authority.

f.

Provision of other information as the building inspector may reasonably require.

(2)

In areas within the city zoning jurisdiction that are designated as F-P Floodplain District, all developed uses of land and buildings shall meet the minimum standards and requirements for development within flood hazard areas as outlined and defined by Ordinance No. 3650.

(Ord. No. 4272, § 1(22-8.03), 4-7-2003)

The lot coverage and intensity of use of the parent district of which this district is made a part shall not exceed the maximum allowable.

(Ord. No. 4272, § 1(22-8.04), 4-7-2003)

The height limits of the parent district of which this district is made a part shall be the maximum height requirements subject to additional requirements as prescribed by this chapter.

(Ord. No. 4272, § 1(22-8.05), 4-7-2003)

The yard requirements of the parent district of which this district is made a part shall be the minimum yard requirements subject to additional requirements as prescribed by this chapter.

(Ord. No. 4272, § 1(22-8.06), 4-7-2003)

The sign regulations of the parent district of which this district is made a part shall be the minimum requirements for sign regulations.

(Ord. No. 4272, § 1(22-8.07), 4-7-2003)

The parking and loading regulations of the parent district of which this district is made a part shall be the minimum requirements subject to additional requirements as prescribed by this chapter.

(Ord. No. 4272, § 1(22-8.08), 4-7-2003)

The city council may grant exceptions to the permit requirements under the following conditions:

(1)

Emergency work necessary to preserve life or property. When emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the building official within ten days after commencement of the work and shall thereafter obtain a permit and perform such work as may be determined by a professional engineer to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity of the floodplain.

(2)

Work consisting of the operation, repair or maintenance of any lawful use of land existing as of the effective date of the ordinance from which this chapter is derived.

(Ord. No. 4272, § 1(22-8.09), 4-7-2003)

A separate application for a permit shall be made to the building official, on a form approved by the city council, for each act listed in section 50-93 or 50-94, or any act which alters the hydraulic characteristics of a floodplain, except that only one application need be made for two or more such acts which are to be done on the same parcel. The application shall include a map of the site and a plan and cost estimate of the proposed development. Such data shall be submitted in such detail as the building official may require and shall be accompanied by a permit fee in the amount provided in the city fee schedule. When the proposed development includes construction or alterations of structures, three sets of plans and specifications for such work shall be submitted with the application.

(Ord. No. 4272, § 1(22-8.10(1)), 4-7-2003)

(a)

No application for permit shall be approved and no permit shall be issued when the city council finds that the proposed work will:

(1)

Substantially impair the water conveyance capacity of the watercourse.

(2)

Destroy a significant amount of riparian cover.

(b)

If no such findings are made, the permit shall be issued. In the event the permit is not issued, the city council's findings shall be documented as a matter of public record.

(c)

The city council may issue a permit when it finds that neither of the effects listed in subsection (a) of this section will be likely to result if the conditions are met. In formulating its conditions, the city council may invite comments or recommendations from other commissions, government agencies and private consultants that have expertise in hydrology.

(Ord. No. 4272, § 1(22-8.10(1)—(4)), 4-7-2003)

Neither the issuance of a permit, compliance with the conditions thereof, or the provisions of this regulation shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property. In addition, the issuance of any permit under these regulations does not serve to impose any liability upon the city, its officers or employees, for injury or damage to persons or property. A permit issued pursuant to this division does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other city ordinance county or state law.

(Ord. No. 4272, § 1(22-8.10(5)), 4-7-2003)

(a)

Work to begin within 60 days. The permittee shall begin the work authorized by the permit within 60 days from the date of issuance, unless a different date for commencement of the work is set forth in the permit. The permittee shall complete the work authorized by the permit within the time limits specified in the permit, which in no event shall extend more than 12 months from the date of issuance.

(b)

Notification to building official. The permittee shall notify the building official at least 24 hours prior to the commencement of work. Should the work not be commenced as specified in this section, the permit shall become void unless prior to the date established for the commencement of work the permittee makes a written request to the building official for an extension of time to commence the work, setting forth the reasons for the required extension, in which case the building official may grant such extension.

(c)

Renewal; fee. A permit that has become void may be renewed at the building official's discretion upon the payment of a renewal fee. If the building official does not grant such renewal, a permit for such work may be granted only upon compliance with the procedures established in this division for an original application.

(d)

Extensions. The permittee, at any time while a permit is in force, may make written request to the building official for an extension of time to complete the work covered by the permit. The building official shall grant such a request if, in his opinion, such an extension is warranted.

(Ord. No. 4272, § 1(22-8.10(6)), 4-7-2003)

The permittee shall notify the building official in writing of the termination of the work authorized, and no work shall be deemed completed until approved in writing by the building official following such written notification.

(Ord. No. 4272, § 1(22-8.10(7)), 4-7-2003)

The building official may cause inspections of the work to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the building official in making such inspections. Inspection fees shall be as provided in the city fee schedule.

(Ord. No. 4272, § 1(22-8.10(8)), 4-7-2003)