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Manhattan City Zoning Code

ARTICLE 26

6. Environmental Standards

Sec. 26-6A-1, Statutory Authorization

  1. A.
    Approval of Draft Ordinance by Kansas Chief Engineer Prior to Adoption. The following floodplain management regulations, as written, were approved in draft form by the Chief Engineer of the Division of Water Resources of the Kansas Department of Agriculture prior to taking effect.
  2. B.
    Kansas Statutory Authorization. The Legislature of the State of Kansas has in K.S.A. 12-741 et seq, and specifically in K.S.A. 12-766, delegated the responsibility to local government units to adopt floodplain management regulations designed to protect the health, safety, and general welfare.
  3. C.
    Abrogation and Greater Restrictions. It is not intended by this Article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article imposes greater restrictions, the provisions of this Article will prevail. All other Articles inconsistent with this Article are hereby repealed to the extent of inconsistency only.

(Ord. No. 7804, 12/16/2025) 

Sec. 26-6A-2, Findings of Fact

  • Flood Losses Resulting from Periodic Inundation. The special flood hazard areas of Manhattan, Kansas, are subject to 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.
  • General Causes of the Flood Losses. These flood losses are caused by:
    1. Cumulative Effect. The cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities;
    2. Occupancy. The occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.
  • Methods Used To Analyze Flood Hazards.
    1. Establishment of Flood Hazard Areas. The Community Special Flood Hazard Areas are those identified in the effective Flood Insurance Study (FIS) for Riley County and Pottawatomie County, dated March 16, 2015, and its accompanying Flood Insurance Rate Maps (FIRM), and local or FEMA approved revisions to the FIRM and/or FIS, such as FEMA approved Letter of Map Revisions, which are adopted by reference and declared to be a part of this Article. It includes both areas defined as the FEMA Special Flood Hazard Area as well as those areas designated as Zone X (Future Base Flood).
    2. Preliminary and Effective Maps and Studies. In areas where a Preliminary FIRM and Preliminary FIS exist, Community Base Flood Elevations shown on the Preliminary FIRM and Preliminary FIS are used for local regulatory purposes, if they are higher than those shown on the effective FIRM and FIS.
    3. Initial FIRMs. The initial FIRMs are as follows for the jurisdictional areas at the initial date:
      1. City of Manhattan, dated April 1, 1982.
      2. Riley County Unincorporated Areas, dated October 1, 1981.
      3. Pottawatomie County Unincorporated Areas, dated February 17, 1988.
    4. Standard Engineering Method. The FIS is the basis of this Article and uses a standard engineering method of analyzing flood hazards, which consist of a series of interrelated steps.
      1. Selection of a base flood that is based upon engineering calculations, which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this Article is representative of large floods, which are characteristic of what can be expected to occur on the particular streams subject to this Article. It is in the general order of a flood which could be expected to have a one percent chance of occurrence in any one year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials dated March 16, 2015 as amended, and any future revisions thereto.
      2. Calculation of water surface profiles that are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
      3. Computation of a floodway required to convey this flood without increasing flood heights more than one foot at any point.
      4. Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
      5. Delineation of floodway fringe; that area outside the floodway encroachment lines, but still subject to inundation by the base flood.

    • (Ord. No. 7627, 02/07/2023) 

    Sec. 26-6A-3, Purpose

    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 of the base flood by applying provisions designed to:

    1. Dangerous Uses. Restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or cause undue increases in flood heights or velocities.
    2. Vulnerable Uses. 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. Individual Protection. Protect individuals from buying or leasing lands which are unsuited for intended purposes because of a flood hazard.
    4. Minimize Rescue Efforts. Minimize the need for rescue and relief efforts associated with flooding, generally undertaken at the expense of the general public.
    5. Maintain Eligibility for Insurance. Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program (NFIP).

    Sec. 26-6A-4, Applicability

  • Official Floodplain Map Contents. The Official Floodplain Map consists of the Federal Emergency Management Agency (FEMA) flood model, the future flood model, and the following map and study as well as any future modifications or changes by FEMA thereto:
    1. The Flood Insurance Rate Map (FIRM) for Riley County, Kansas; Pottawatomie County, Kansas; and Incorporated Areas, consisting of the Map Panels listed on Map Index Sheet dated March 16, 2015.
    2. The FEMA Flood Insurance Study for Riley County, Kansas; Pottawatomie County, Kansas; and Incorporated Areas, dated March 16, 2015.
  • Official Floodplain Map Jurisdiction. The Official Floodplain Map applies to all land within the jurisdiction of the City of Manhattan subject to the base flood.

    • (Ord. No. 7627, 02/07/2023) 

    Sec. 26-6A-5, Establishment of Floodplain Overlay Districts

  • Floodplain Overlay Districts. The Official Floodplain Map will be applied as two overlay districts for the purposes set forth in Sec. 26-6A-3, Purpose. Such districts are established below.
    1. Floodway Overlay (O-FW) District. The O-FW District boundaries are identified on the Flood Insurance Rate map (FIRM) as the FEMA Floodway and must be consistent with those boundaries.
    2. Floodway Fringe Overlay (O-FF) District. The O-FF District boundaries are identified on the FIRM as numbered and unnumbered A Zones (including A, AE, AO and AH Zones), and Zone X (Future Base Flood) and must be consistent with those boundaries.
  • Rules for Interpretation of District Boundaries. The boundaries of the O-FW and O-FF Districts will be determined by scaling distances on the Official Zoning Map and on the FIRM. Where interpretation is needed as to the exact location of the boundaries of the districts as shown on the Official Zoning Map or FIRM, for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Floodplain Administrator, or a designee, will make the necessary interpretations. The base flood elevation for the point in question will be the governing factor in locating the district boundary on the land. Any person contesting the location of the district boundary will be given a reasonable opportunity to present their case to FEMA for an official map amendment or map revision of the floodplain boundary.
  • Compliance. No development located within an O-FW or O-FF District may be located, extended, converted, or structurally altered without full compliance with the terms of this Article.

    • (Ord. No. 7627, 02/07/2023) 

    Sec. 26-6A-6, Public Hearings Required by Regulatory Agencies

    In the event the Federal Emergency Management Agency, the Kansas Department of Agriculture, or any other regulatory agency having jurisdiction over matter covered by this Article requires the City to conduct a public hearing related to such matters, notice will be provided as described in Sec. 26-8B-6, Notice, unless the regulatory agency prescribes a different notification procedure. The Floodplain Administrator may request the Planning Board to review the matter prior to the public hearing if the public hearing is to be conducted by the Governing Body.

    Sec. 26-6A-7, Use of Other Flood Data

  • Other Sources. When base flood elevation data has not been provided in accordance with the Flood Insurance Rate Map, the Floodplain Administrator will obtain, review, and reasonably utilize any base flood elevation and floodway data available from federal, state or other sources as criteria for requiring that new construction, substantial improvements, or other development complies with the requirements of this Article.
  • Cumulative Effect. If a floodway has not been designated, no development, including sanitary landfills, may be permitted within the Floodplain, unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, as shown on the Future Land Use Map of the Comprehensive Plan, other area planning studies, or approved development plans, will not increase the base flood elevation by more than one foot on the average cross section of the reach in which the development is located as shown on the Flood Insurance Study.
  • Alteration by Use of Other Data. Any use of data required in this Section which would alter the location of the Floodplain, O-FW District, or O-FF District is subject to the additional requirements of Sec. 26-6A-5, Establishment of Floodplain Overlay Districts.

    • Sec. 26-6A-8, Warning and Disclaimer of Liability

  • Degree of Protection. 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 and Flood Height Increases. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris.
  • Disclaimer. These regulations do not imply that areas outside the O-FW and O-FF district boundaries or land uses permitted within such districts will be free from flooding or flood damage. This Article will not create liability on the part of the City or any of its officers or employees for any flood damages that may result from reliance on this Article or any lawful administrative decision made under the authority of this Chapter.

    • Sec. 26-6B-1, Development in Community Special Flood Hazard Area

  • Floodplain Administrator Review Required. The Floodplain Administrator will review any development application for property located in the Community Special Flood Hazard Area per Article 26-9, Land Development Review.
  • Review Criteria. The Floodplain Administrator will review a development application described above to assure that:
      1. All such proposals are consistent with the need to minimize flood damage within the flood-prone area.
      2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage.
      3. Adequate drainage easements are provided to reduce exposure to flood hazards. 
    1. Base Flood Elevation Data. The applicant must provide base flood elevation data with the submittal of a development application. 

    2. Subdivision Requirement. If a subdivision proposal or other proposed new development is in the Community Special Flood Hazard Area, any such proposals will be reviewed to assure that:

      1. Damage in Flood-Prone Areas. All such proposals are consistent with the need to minimize flood damage within the flood-prone area.

      2. Damage to Utilities and Facilities. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage.

      3. Drainage Easements. Adequate drainage easements are provided to reduce exposure to flood hazards.
      4. Notation of Base Flood Elevation. Base flood elevation data are provided by the applicant for subdivision proposals and other proposed development, which must be clearly indicated on the subdivision plat and subject to the requirements of Sec. 26-8B-6, Notice, where applicable.

    Sec. 26-6B-2, Standards for Floodplain Development

  • Applicability. No body enumerated in Division 26-8A, Administration, may approve a development associated with an application established in Article 26-9, Land Development Review, for property located in the Community Special Flood Hazard Area (CSFHA), unless the development complies with the standards of this Section.
  • Standards
    1. Flotation, Collapse or Lateral Movement. The structure must have design or anchorage features to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effect of buoyancy.
    2. Water and Sewer. New or replacement water supply systems and/or sanitary sewage systems must be designed to minimize or eliminate infiltration of flood waters into such systems, and discharges from such systems into flood waters.
    3. On-Site Waste Disposal. On-site waste disposal systems must be located to avoid impairment or contamination.
    4. Flood-Resistant Materials. The structure must be constructed with flood-resistant materials, utilizing methods and practices that minimize flood damage to a level at least one-foot above the Flood Protection Elevation.
    5. Mechanical Equipment. Mechanical equipment including electrical, heating, ventilation, plumbing, and air conditioning must be designed and/or located to prevent water from entering or accumulating within the components during flooding.
    6. Engineer Certification. Until a floodway has been designated, no development, including fill, may be permitted within any numbered or unnumbered Zones A or AE on the Flood Insurance Rate Map, unless the applicant has demonstrated, through the certification of a professional engineer, licensed in the State of Kansas, that the proposed development, when combined with all other existing and reasonably anticipated developments, 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 is located as shown on the Flood Insurance Rate Study.
    7. Storage of Material and Equipment. 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, unless the storage of material and equipment is not subject to major damage by floods and is firmly anchored to prevent flotation, or if the materials are readily removable from the area within the time available after flood warning.
    8. Landfills. Notwithstanding any provision of this Article, sanitary landfills are prohibited in any floodplain regulated by this Article.
    9. Dryland Access. Contiguous dryland access must be provided from a structure to land outside of the floodplain, except in developments where the Floodplain Administrator determines that existing street elevations, as of February 3, 2015, make contiguous dryland access impractical.

    • Sec. 26-6B-3, Floodway Overlay District (O-FW)

  • Permitted Uses. The following uses are permitted by-right in the O-FW district:
      1. Agricultural uses.
      2. Nursery or garden center.
      3. Forestry.
      4. Wild crop harvesting.
      5. Off-street parking and loading.
      6. Airport landing strips.
      7. Private and public outdoor recreation and amusement uses.
      8. Accessory residential uses such as lawns, gardens, parking and play areas, but not including structures.
      9. Utility uses and public rights-of-way. 
    1. Prohibited Uses. Land uses not meeting the development standards of this Division and those of the base zoning districts are prohibited.
    2. Base Zoning District. No use listed above may be permitted in this district unless it is also permitted in the base zoning district.
    1. Use Limitations
      1. Engineer Certification. Any development associated with an application established in Article 26-9, Land Development Review, for property located in the O-FW district will be prohibited unless the applicant has demonstrated, through a development or site plan certified by a professional engineer, licensed in the State of Kansas, that encroachments will not result in any increase in the base flood elevation.
      2. Deposited Fill. Any fill or other material proposed to be deposited in the floodway must not impede the hydraulic capacity of the floodway or increase the velocity of any potential flood. The amount of deposited fill must be the minimum necessary to achieve the intended purpose and must be protected against erosion by rip-rap, vegetative cover, or bulk-heading.
      3. Storage of Material and Equipment. 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.
    1. Structural Standards. The following standards apply to a structure associated with a use permitted in sub-paragraph A, above. 
      1. Human Habitation. Structures are not designed for human habitation.
      2. Flood Damage Potential. Structures have a low flood damage potential.
      3. Orientation. Whenever permitted and possible, as determined by the Floodplain Administrator, structures must be constructed with the longitudinal axis parallel to the direction of flood flow.
      4. Flood Flow Lines. Whenever permitted and practicable, as determined by the Floodplain Administrator, structures must be placed approximately on the same flood flow lines as those of adjoining structures.
      5. Flotation. Structures must be firmly anchored to prevent flotation, which may result in damage to other structures, restriction of bridge openings, and other narrow sections of the stream or river.
      6. Mechanical Equipment. Mechanical equipment including electrical, heating, ventilation, plumbing, and air conditioning must be constructed at or above the Flood Protection Elevation or must be flood-proofed.

    Sec. 26-6B-4, Floodway Fringe Overlay District (O-FF)

  • Permitted Uses. Any use permitted by-right in the base zoning district is permitted by-right in the O-FF district.
  • Prohibited Uses. Land uses not meeting the development standards of this Division and those of the base zoning districts are prohibited.
  • Conditional Uses. Any conditional use allowed in the base zoning district is allowed as a conditional use in the O-FF district.
  • Use Limitations. In all Community Special Flood Hazard Areas where Community Base Flood Elevation data have been provided, the following standards apply:
    1. Residential Construction. New residential construction must have the lowest floor elevated above the Flood Protection Elevation. Substantial improvement, repair of substantial damages or other improvements, or additions to any existing residential structure must comply with Sec. 26-6B-5, Floodway Fringe (O-FF) Improvements and Additions.
    2. Manufactured Homes. New construction, substantial improvements, or repair of substantial damages for all manufactured homes must comply with Sec. 26-6B-7, Manufactured Homes.
    3. Non-Residential Construction. New non-residential construction must have the lowest floor elevated above the Flood Protection Elevation. In lieu of elevation, the structure may be dry floodproofed, provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered architect or professional engineer, licensed in the State of Kansas, must certify that the structure complies with the standards of this Section. Substantial improvement, repair of substantial damages, or other improvements or additions to any existing non-residential structure must comply with Sec. 26-6B-5, Floodway Fringe (O-FF) Improvements and Additions.
    4. Mechanical Equipment. Mechanical equipment, including electrical, heating, ventilation, and air conditioning, must be constructed at or above the Flood Protection Elevation for residential structures. Non-residential mechanical equipment may floodproofed in lieu of elevation.
    5. Large Accessory Structures. Detached accessory structures larger than 600 square feet must have the lowest floor elevated above the Flood Protection Elevation.
    6. Small Accessory Structures. Detached accessory structures 600 square feet or smaller that include sanitary facilities, utility equipment, and appliances designed for human habitation must have the lowest floor elevated above the Flood Protection Elevation. Detached accessory structures 600 square feet or smaller designed only for parking of vehicles or storage of tools, materials, and equipment, and with only basic electrical utilities, may have the lowest floor elevated above the Flood Protection Elevation or be wet flood-proofed.

    7. Land accessory to commercial or industrial uses such as yards, railroad tracks, and parking areas which are below the Community Base Flood Elevation may not be designed for or used by the general public if the area is subject to inundation to a depth greater than four feet or subject to flood velocities greater than four cubic feet per second upon the occurrence of the base flood.

    8. Public or private utility facilities, roads, railroad tracks, and bridges must be designed to minimize increases in the Community Base Flood Elevation. Protection to or above the Community Base Flood Elevation will be provided where failure or interruption of these public or private facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Where failure or interruption of service would not endanger life or health, a lesser degree of protection may be provided for minor or auxiliary roads, railroads or utilities.

    • (Ord. No. 7627, 02/07/2023) 

    Sec. 26-6B-5, Floodway Fringe (O-FF) Improvements and Additions

  • A.
    No Change to External Footprint. Improvements to the existing structure that do not alter or affect the external footprint of the structure are permitted, subject to the following requirements:
    1.   
      1. 1.
        Non-substantial Improvements. Non-substantial improvements to existing residential or non-residential structures must:
    1.   
      1.   
        1. a.
          Be designed to minimize flood damage.
        2. b.
          Be constructed of flood-resistant materials.
        3. c.
          Not consist of any new enclosed area lower than that of the existing structure.
    2.   
      1. 2.
        Substantial Residential Improvements. Substantial improvements to residential structures must have the lowest enclosed floor of the structure elevated above the Flood Protection Elevation.
      2. 3.
        Substantial Non-Residential Improvements. The lowest floor of a substantial improvement must be elevated above the Flood Protection Elevation. In lieu of elevation, the structure may be dry floodproofed, provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered architect or professional engineer, licensed in the State of Kansas, must certify that the improvements comply with the standards of this Section.
    1. B.
      Change to External Footprint. Additions or improvements to the existing structure that alter or affect the external footprint of the structure are permitted, subject to the following requirements:
    1.   
      1. 1.
        Non-Substantial Improvement. The lowest enclosed floor of a residential improvement must be elevated above the Flood Protection Elevation.
      2. 2.
        Substantial Improvement. All improvements must include elevating the lowest floor of the structure above the Flood Protection Elevation.
      3. 3.
        Addition With Internal Access. The lowest floor of an addition to the existing structure where only a standard door (no greater than 36 inches wide and 80 inches tall) is provided in the common wall between the existing structure and the addition and/or improvement must be elevated above the Flood Protection Elevation.
      4. 4.
        Customary Maintenance. For the purposes of this Division, customary maintenance and/or repair will not be considered additions and/or improvements.
    1.   
      1.   
         

    Table 26-6B-5.1 

    Floodway Fringe Improvement and Addition Standards

    Type of ImprovementExisting Residential StructureExisting Non-Residential Structure
    No Change to External FootprintNon-Substantial ImprovementsAll Improvements must be designed to minimize flood damage, be constructed of flood-resistant materials and will not consist of any new enclosed area lower than that of the existing structureSame as residential
    Substantial ImprovementsThe lowest floor of the building addition/ improvement must be elevated above the Flood Protection ElevationSame as residential1
    Change to External FootprintNon-Substantial ImprovementsThe lowest enclosed floor of the improvement must be elevated above the Flood Protection ElevationSame as residential or may be dry floodproofed1
    Substantial ImprovementsImprovements must include elevating the lowest floor of the structure above the Flood Protection Elevation Same as residential or may be dry floodproofed1

    Notes:

    1. 1.
      In lieu of elevation, the non-residential structure may be dry floodproofed provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered architect or professional engineer, licensed in the State of Kansas, must certify that the improvements comply with the standards of this Section.

    Table 26-6B-5.1 

    Floodway Fringe Improvement and Addition Standards

    Type of ImprovementExisting Residential StructureExisting Non-Residential Structure
    No Change to External FootprintNon-Substantial ImprovementsAll Improvements must be designed to minimize flood damage, be constructed of flood-resistant materials and will not consist of any new enclosed area lower than that of the existing structureSame as residential
    Substantial ImprovementsThe lowest floor of the building addition/ improvement must be elevated above the Flood Protection ElevationSame as residential1
    Change to External FootprintNon-Substantial ImprovementsThe lowest enclosed floor of the improvement must be elevated above the Flood Protection ElevationSame as residential or may be dry floodproofed1
    Substantial ImprovementsImprovements must include elevating the lowest floor of the structure above the Flood Protection Elevation Same as residential or may be dry floodproofed1

    Notes:

    1. 1.
      In lieu of elevation, the non-residential structure may be dry floodproofed provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered architect or professional engineer, licensed in the State of Kansas, must certify that the improvements comply with the standards of this Section.

    Table 26-6B-5.1 

    Floodway Fringe Improvement and Addition Standards

    Type of ImprovementExisting Residential StructureExisting Non-Residential Structure
    No Change to External FootprintNon-Substantial ImprovementsAll Improvements must be designed to minimize flood damage, be constructed of flood-resistant materials and will not consist of any new enclosed area lower than that of the existing structureSame as residential
    Substantial ImprovementsThe lowest floor of the building addition/ improvement must be elevated above the Flood Protection ElevationSame as residential1
    Change to External FootprintNon-Substantial ImprovementsThe lowest enclosed floor of the improvement must be elevated above the Flood Protection ElevationSame as residential or may be dry floodproofed1
    Substantial ImprovementsImprovements must include elevating the lowest floor of the structure above the Flood Protection Elevation Same as residential or may be dry floodproofed1

    Notes:

    1. 1.
      In lieu of elevation, the non-residential structure may be dry floodproofed provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered architect or professional engineer, licensed in the State of Kansas, must certify that the improvements comply with the standards of this Section.

    Table 26-6B-5.1 

    Floodway Fringe Improvement and Addition Standards

    Type of ImprovementExisting Residential StructureExisting Non-Residential Structure
    No Change to External FootprintNon-Substantial ImprovementsAll Improvements must be designed to minimize flood damage, be constructed of flood-resistant materials and will not consist of any new enclosed area lower than that of the existing structureSame as residential
    Substantial ImprovementsThe lowest floor of the building addition/ improvement must be elevated above the Flood Protection ElevationSame as residential1
    Change to External FootprintNon-Substantial ImprovementsThe lowest enclosed floor of the improvement must be elevated above the Flood Protection ElevationSame as residential or may be dry floodproofed1
    Substantial ImprovementsImprovements must include elevating the lowest floor of the structure above the Flood Protection Elevation Same as residential or may be dry floodproofed1

    Notes:

    1. 1.
      In lieu of elevation, the non-residential structure may be dry floodproofed provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered architect or professional engineer, licensed in the State of Kansas, must certify that the improvements comply with the standards of this Section.
    1. .

      Community Base Flood Elevation Exemptions

      1. .
        Existing Buildings. Substantial improvement or repair of substantial damage to existing buildings having the lowest enclosed floor located at least one foot above the FEMA Base Flood Elevation when in the FEMA SFHA, or having the lowest enclosed floor located at least to the FEMA Base Flood Elevation when within the CSFHA but outside of the FEMA SFHA, may be exempted from the requirement to elevate the lowest enclosed floor to or above the Flood Protection Elevation.
      2. .
        Manufactured Homes. The placement of a manufactured home unit, along with any small accessory structures that do not otherwise require a city building permit at the time of construction, on property that is within the CSFHA but outside the FEMA SFHA, when such placement occurs on or before December 16, 2025, in an existing manufactured home park under the applicability circumstances of Paragraph 26-6B-7A-5, may be exempted from the requirements of Section 26-6B-7, Manufactured Homes, and the requirements of Section 26-6B-4D-6, Small Accessory Structures.
      3. .

        Affidavit. An exemption pursuant to this subsection may be exercised only if all property owners sign, and record with the County Register of Deeds Office, an Affidavit of Floodplain Construction Below Community Base Flood Elevation ("Affidavit") in a form approved by the City Attorney. The signed Affidavit must acknowledge that the property owner is aware of the Community Base Flood Elevations and will comply with Section 26-6B-12, Tenant Flood Hazard Notice, and that in the future their property may be subject to:

        1. A.
          Flood losses.
        2. B.
          Mandatory flood insurance.
        3. C.
          FEMA substantial improvement rules.
        4. D.
          Unavailability of local funds for flood mitigation assistance (buyouts, elevation, etc.).

    (Ord. No. 7804, 12/16/2025)

    Sec. 26-6B-6, Elevated Buildings

  • General. All new construction, substantial improvements, or repair of substantial damages with fully enclosed areas below the lowest enclosed floor that are subject to flooding, must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting the standards in this Section must be certified by a registered architect or professional engineer, licensed in the State of Kansas, and must meet or exceed the following standards.
      1. No Human Habitation. Enclosed areas may not be designed or used for human habitation and may only be used for parking of vehicles, building access, or limited storage.
      1. Dimensions of Openings. A minimum of two openings may be provided having a minimum total net area of one square inch for every square foot of enclosed area subject to flooding.
      2. Height of Openings. The bottom of all openings must be no higher than one foot above grade.
      3. Opening Attachments. Openings may be equipped with screens, louvers, or other devices provided that they permit the automatic entry or exit of floodwaters.
      4. Placement of Openings. Openings must be on different sides of the enclosed area, if possible.
    1. Enclosed Space Restrictive Covenant. For enclosed spaces that are six feet or higher, an Enclosed Space Restrictive Covenant must be completed on a form approved by the City Attorney and filed with the County Register of Deeds Office prior to the issuance of a building permit. The Covenant must declare that the property owner will comply with the requirements of this Section.

    Sec. 26-6B-7, Manufactured Homes

  • A.
    Applicability. Unless an applicable exemption under Subsection 26-6B-5C, Community Base Flood Elevation Exemptions, is exercised, the following provisions are required for all manufactured homes or mobile homes that are placed or substantially improved within the Community Special Flood Hazard Area (CSHFA) on the community’s FIRM on sites:
    1. 1.
      Outside of a manufactured home park or subdivision;
    2. 2.
      In a new manufactured home park or subdivision;
    3. 3.
      In an expansion to an existing manufactured home park or subdivision;
    4. 4.
      In an existing manufactured home park or subdivision on which the manufactured home or mobile home has incurred substantial damage as a result of a flood; or
    5. 5.
      In an existing manufactured home park or subdivision under circumstances not otherwise listed.
  • B.
    Approved Plan. For any manufactured home covered by this Section, a plan for all anchoring, over-the-top frame ties, and foundations must be submitted to, and approved by, the Floodplain Administrator, City Engineer, and Building Official. Plans must be designed and certified by a registered architect or professional engineer, licensed in the State of Kansas, and in accordance with the provisions of Sec. 26-6B-2, Standards for Floodplain Development. The plans must be designed to take into account the specific flood characteristics of the site where the manufactured home will be placed. The final elevation of the manufactured home must be certified by a land surveyor or professional engineer, licensed in the State of Kansas.
  • C.
    Flood Protection Measures for Manufactured Homes. All manufactured homes covered by this Section must be elevated by either of these options:
    1. 1.
      Flood Protection by Elevation on Fill. The manufactured home is placed on appropriate fill so that the lowest floor is elevated at or above the Flood Protection Elevation.
      1. a.
        Over-the-Top Frame Ties. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) must be met:
        1. 1.
          Over-the-top ties must 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 only one additional tie per side.
        2. 2.
          Frame ties must 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. 3.
          All components of the anchoring system must be capable of carrying a force of 4,800 pounds.
        4. 4.
          Any additions to manufactured homes must be similarly anchored.
      2. b.

        Anchoring. All manufactured homes placed on fill to meet the elevation requirement must be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with applicable local building codes and FEMA guidelines, and approved by the City.

    2. 2.
      Flood Protection by Elevation on Reinforced Piers or Foundations. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength so that the lowest floor is elevated at or above the Flood Protection Elevation. The following specific requirements (or their equivalent) for the design and installation of the reinforced piers or foundations must be met:
      1. a.
        The reinforced piers or foundation elements must conform to the approved plan required in Subsec. 26-6B-7B.
      2. b.
        The reinforced piers or foundation elements must be designed and certified by a registered architect or professional engineer, licensed in the State of Kansas. The piers or foundation elements design must take into account the specific flood characteristics of the site where the manufactured home will be placed.
      3. c.
        The reinforced pier or foundation element will be securely anchored to resist flotation, collapse, or lateral movement of the manufactured home.
      4. d.
        The manufactured home will be securely anchored to the reinforced piers or foundation.
    3. 3.

      All mechanical and heating ventilation equipment must be elevated at or above the Flood Protection Elevation, or to the elevation of the lowest floor when an exemption to the Flood Protection Elevation has been granted.

    • (Ord. No. 7627, 02/07/2023; Ord. No. 7804, 12/16/2025) 

    Sec. 26-6B-8, Critical Facilities

    Critical facilities and accessory uses in all Community Special Flood Hazard Areas must be a minimum of two feet above the 0.2% annual chance flood elevation, and that elevation must be used as the basis for access (ingress/egress). Where needed, access to the critical facilities will be from dry land.

    Sec. 26-6B-9, Areas of Shallow Flooding

    Located within the areas of special flood hazard are areas designated as the AO and AH zones. These zones 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. The following provisions apply within these zones:

    1. AO Zones
      1. Residential Structures. All new construction and substantial improvements of residential structures, including manufactured homes, must have the lowest floor, including basement, elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified) plus one foot of freeboard.
      2. Commercial, Industrial, or Non-Residential Structures. All new construction and substantial improvements of any commercial, industrial, or other non-residential structures, including manufactured homes, must 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 community FIRM (at least two feet if no depth number is specified) plus one foot of freeboard or together with attendant utilities and sanitary facilities be completely dry floodproofed to that level so that 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.
      3. All mechanical and heating ventilation equipment must be elevated at or above the Flood Protection Elevation.
      4. Drainage Paths. Adequate drainage paths are required around structures on slopes, in order to guide floodwaters around and away from proposed structures.
    2. AH Zones
      1. Special Flood Hazard Standards. The specific standards for all areas of special flood hazard where the base flood elevation has been provided are required as set forth in Sec. 26-6B-2, Standards for Floodplain Development.
      2. Drainage Paths. Adequate drainage paths are required around structures on slopes, in order to guide floodwaters around and away from proposed structures.

    Sec. 26-6B-10, Recreational Vehicles

    Recreational vehicles placed on sites within the FEMA Special Flood Hazard Area on the FIRM must: be on the site for fewer than 180 consecutive days; or, must be fully licensed and ready for highway use, which is defined as the vehicle being on wheels or jacking system, being attached to the site only by quick-disconnect type utilities and security devices, and having no permanently attached additions; or, must meet the requirements of this Article for permitting, elevation, or anchoring of a manufactured home.

    Sec. 26-6B-11, Compensatory Storage

  • No Increase in Flood Elevation. Any development, including fill, new construction, substantial improvement, or other encroachment within the Community Special Flood Hazard Area may not result in an increase in the FEMA One Percent Annual Chance Flood elevation that is greater than one-tenth of a foot, unless compensatory storage is provided. The rise of the flood elevation must be documented and certified by a professional engineer, licensed in the State of Kansas. Compensatory storage must meet the following requirements:
    1. Developments in a Riverine Regulatory Floodplain: Hydraulically equivalent compensatory storage must be at least equal to 1.2 times the volume of floodplain storage lost or displaced.
    2. Developments in a Non-Riverine Community Special Flood Hazard Area: Hydraulically equivalent compensatory storage must be at least equal to the volume of floodplain storage lost or displaced.
    3. Displacement and Replacement. The floodplain storage displaced below the existing 10-year storm flood elevation must be replaced below the existing 10-year storm flood elevation.
  • Exemptions
    1. Less than One Acre Disturbance. New development or redevelopment projects that disturb less than one acre are exempt from subparagraph A above, except that new development or redevelopment projects that are less than one acre, but are part of a larger common plan of development or sale, will not be exempt from the regulations of this Section.
    2. Top Dressing. Top dressing of not more than four inches of topsoil within the FEMA Special Flood Hazard Area on private property may be permitted to stabilize existing erosion control problems, establish vegetative cover, for minor post-construction best management practice structures, or to restore the grade of an existing development following a documented flood event.
      1. Top dressing will be permitted on a per-parcel basis and will not impact adjoining property drainage patterns.
      2. Top dressing must comply with all soil erosion and sedimentation requirements (Sec. 32-194).
      3. Repeat top dressing application for restoring the grade following a documented flood event must be limited to documented flood events with topographic or photographic evidence of erosion.
      4. Top dressing to restore the grade following a flood event must be limited to the pre-erosion elevation within the FEMA Special Flood Hazard Area.
      5. Upon approval from the Floodplain Administrator, compensatory storage may not be required.
      6. This provision is not applicable to new developments.
    3. Negligible Impact Projects. Minor public or private utility projects, such as street resurfacing and rehabilitation, certain utility infrastructure and accessories (e.g. hydrants, poles, manholes and underground pipes), bridge/culvert rehabilitation projects, landscaping, stream rehabilitation, and minor water quality features are deemed negligible impacts and are not required to provide compensatory storage, unless specifically required by the Director of Public Works or their designee.

    • Sec. 26-6B-12, Tenant Flood Hazard Notice

  • A landlord, or any person authorized to enter a lease or rental agreement on the landlord’s behalf, of rental property that is located within the Community Special Flood Hazard Area must, before the signing of a lease or rental agreement, provide each prospective tenant(s) the following information in writing:
    1. The parcel or a portion of the parcel is located within a Community Special Flood Hazard Area.
    2. There is the possibility that structures, surface parking lots, or other improvements upon the parcel may be inundated with water during a flood.
    3. There is a possibility of loss of life and/or loss of personal property as a result of a flood.
    4. Insurance coverage for damage to personal property due to a flood may be available for a tenant to obtain. A landlord’s insurance of the structure generally does not cover the personal property of a tenant.
  • This notice must be in 12-point type, signed by all parties to the lease or rental agreement. A signed copy must be provided to the prospective tenant(s) and retained by the landlord during the effective term of the lease or rental agreement.