Mission City Zoning Code
CHAPTER 460
Floodplain Management
Section 460.010 Statutory Authorization.
[Ord. No. 1054 Art. 1 §A, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.010), 9-24-2003; Ord. No. 1288, 2-27-2009]
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 on February 19, 2009.
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 governmental units to adopt floodplain management regulations designed to protect the health, safety and general welfare. Therefore, the City Council of Mission, Kansas, ordains as follows.
Section 460.020 Findings of Fact.
[Ord. No. 1054 Art. 1 §B, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.020), 9-24-2003; Ord. No. 1288, 2-27-2009]
A.
Flood Losses Resulting From Periodic Inundation. The special flood hazard areas of Mission, 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.
B.
General Causes Of The Flood Losses. These flood losses are caused by:
C.
Methods Used To Analyze Flood Hazards. The Flood Insurance Study (FIS) that is the basis of this Chapter 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 Chapter is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Chapter. The base flood is the flood that is estimated to have a one percent (1%) chance of being equaled or exceeded in any one (1) year as delineated on the Federal Insurance Administrator's FIS and illustrative materials dated August 3, 2009, 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 (1) 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, i.e., that area outside the floodway encroachment lines but still subject to inundation by the base flood.
Section 460.030 Statement of Purpose.
[Ord. No. 1054 Art. 1 §C, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.030), 9-24-2003; Ord. No. 1288, 2-27-2009]
A.
It is the purpose of this Chapter to promote the public health, safety and general welfare; to minimize those losses described in Article I, Section 460.020(A); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) and K.A.R. 5-44-4 by applying the provisions of this Chapter to:
1.
Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities;
2.
Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and
3.
Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.
Section 460.040 Lands To Which Chapter Applies.
[Ord. No. 1054 Art. 2 §A, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.040), 9-24-2003; Ord. No. 1288, 2-27-2009]
This Chapter shall apply to all lands within the jurisdiction of Mission, Kansas, identified as areas of future conditions flood hazard and numbered and unnumbered A Zones, AE, AO and AH Zones on the Index Map dated August 3, 2009 of the Flood Insurance Rate Map (FIRM), as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit granted by the City Council or its duly designated representative under such safeguards and restrictions as the City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Article IV.
Section 460.050 Compliance.
[Ord. No. 1054 Art. 2 §B, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.050), 9-24-2003; Ord. No. 1288, 2-27-2009]
No development located within the special flood hazard areas or the area of future conditions flood hazard of this community shall be located, extended, converted or structurally altered without full compliance with the terms of this Chapter and other applicable regulations.
Section 460.060 Abrogation and Greater Restrictions.
[Ord. No. 1054 Art. 2 §C, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.060), 9-24-2003; Ord. No. 1288, 2-27-2009]
It is not intended by this Chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. All other ordinances inconsistent with this Chapter are hereby repealed to the extent of the inconsistency only.
Section 460.070 Interpretation.
[Ord. No. 1054 Art. 2 §D, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.070), 9-24-2003; Ord. No. 1288, 2-27-2009]
In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements, shall be liberally construed in favor of the Governing Body, and shall not be deemed a limitation or repeal of any other powers granted by Kansas Statutes.
Section 460.080 Warning and Disclaimer of Liability.
[Ord. No. 1054 Art. 2 §E, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.080), 9-24-2003; Ord. No. 1288, 2-27-2009]
The degree of flood protection required by this Chapter 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 heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This Chapter shall not create a liability on the part of Mission, Kansas, any officer or employee thereof for any flood damages that may result from reliance on this Chapter or any administrative decision lawfully made thereunder.
Section 460.090 Severability.
[Ord. No. 1054 Art. 2 §F, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.090), 9-24-2003; Ord. No. 1288, 2-27-2009]
If any Section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Chapter shall not be affected thereby.
Section 460.100 Floodplain Development Permit.
[Ord. No. 1054 Art. 3 §A, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.100), 9-24-2003; Ord. No. 1288, 2-27-2009]
A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Article II, Section 460.040. No person, firm, corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.
Section 460.110 Designation of Floodplain Administrator.
[Ord. No. 1054 Art. 3 §B, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.110), 9-24-2003; Ord. No. 1288, 2-27-2009]
The City Administrator or his/her designee is hereby appointed to administer and implement the provisions of this Chapter.
Section 460.120 Duties and Responsibilities of Floodplain Administrator.
[Ord. No. 1054 Art. 3 §C, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.120), 9-24-2003; Ord. No. 1288, 2-27-2009]
A.
Duties of the Floodplain Administrator shall include, but not be limited to:
1.
Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this Chapter have been satisfied;
2.
Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State or local governmental agencies from which prior approval is required by Federal, State or local law;
3.
Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;
4.
Issue floodplain development permits for all approved applications;
5.
Notify adjacent communities and the Division of Water Resources, Kansas Department of Agriculture prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
6.
Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;
7.
Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;
8.
Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed;
9.
When floodproofing techniques are utilized for a particular non-residential structure, the Floodplain Administrator shall require certification from a registered professional engineer or architect; and
10.
Evaluate applications for permits to develop in special flood hazard areas (SFHA) and future conditions flood hazard areas.
Section 460.130 Application For Floodplain Development Permit.
[Ord. No. 1054 Art. 3 §D, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.130), 9-24-2003; Ord. No. 1288, 2-27-2009]
A.
To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:
1.
Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;
2.
Identify and describe the work to be covered by the floodplain development permit;
3.
Indicate the use or occupancy for which the proposed work is intended;
4.
Indicate the assessed value of the structure and the fair market value of the improvement;
5.
Specify whether development is located in designated flood fringe or floodway;
6.
Identify the existing base flood elevation and the elevation of the proposed development;
7.
Give such other information as reasonably may be required by the Floodplain Administrator;
8.
Be accompanied by plans and specifications for proposed construction; and
9.
Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.
11.
Generation of the 500-year flood elevation for critical development as required in the General Standards of Article IV of this Chapter.
An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area (SFHA) or future conditions flood hazard area. |
Section 460.140 General Standards.
[Ord. No. 1054 Art. 4 §A, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.140), 9-24-2003; Ord. No. 1288, 2-27-2009]
A.
No permit for floodplain development shall be granted for new construction, substantial improvements and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones, AE, AO and AH Zones, unless the conditions of this Section are satisfied.
B.
All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Chapter. If Flood Insurance Study data is not available, the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources.
C.
All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes and other developments shall require:
1.
Design or adequate anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2.
Construction with materials resistant to flood damage;
3.
Utilization of methods and practices that minimize flood damages;
4.
All electrical wiring, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the mechanical components during conditions of flooding. All outdoor electrical meters shall be installed at the minimum flood protection elevation;
5.
New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems be located so as to avoid impairment or contamination from them during flooding; and
6.
Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are 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 and constructed to minimize or eliminate flood damage;
c.
Adequate drainage is provided so as to reduce exposure to flood hazards; and
d.
All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.
D.
Storage, Material And Equipment.
1.
The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.
2.
Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.
3.
Storage of materials or equipment that, in the time of flooding, could become buoyant and pose an obstruction to flow in the identified floodway areas is prohibited.
E.
Non-Conforming Use. A structure or the use of a structure or premises that was lawful before the passage or amendment of the Chapter, but which is not in conformity with the provisions of this Chapter, may be continued subject to the following conditions:
1.
If such structure, use or utility service is discontinued for six (6) consecutive months, any future use of the building shall conform to this Chapter.
2.
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 fifty percent (50%) of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or Local Inventory of Historic Places upon determination.
F.
Compensatory Storage Required For Earthwork Involving Fill.
1.
Fill within the area of special flood hazard shall result in no net loss of natural floodplain storage. The volume of the loss of floodwater storage due to filling in the special flood hazard area shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures at or adjacent to the development site.
2.
This compensatory storage requirement does not apply to small temporary structures (such as above ground swimming pools) where such projects are located on small lots with existing buildings and where the site does not have sufficient space to provide compensatory storage.
G.
Critical Facilities.
1.
Critical facilities are those which: are critical to the community's public health and safety; are essential to the orderly functioning of a community; store, or produce highly volatile, toxic or water-reactive materials; or house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include: jails or other detention facilities, hospitals, schools, police stations, fire and emergency services stations, nursing homes, water plants, wastewater treatment facilities and fuel storage facilities.
2.
Critical facilities shall be elevated at least one (1) foot above the 500-year flood elevation or to the highest known historical flood elevation (if records are available), whichever is greater. If no data exists establishing a 500-year flood elevation or the highest known historical flood elevation, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates 500-year flood elevation data.
3.
Critical facilities shall only be constructed in the 500-year floodplain if they are placed on engineered fill and/or if the lowest floor (including basement) is at least one (1) foot above the 500-year flood elevation. A critical facility shall have at least one (1) access drive or road constructed to connect to land higher than the 500-year flood elevation and this drive or road shall be capable of supporting a four thousand (4,000) pound vehicle. The top of the drive or road shall be at or above the 500-year flood elevation.
Section 460.150 Specific Standards.
[Ord. No. 1054 Art. 4 §B, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.150), 9-24-2003; Ord. No. 1288, 2-27-2009]
A.
In all areas identified as numbered and unnumbered A Zones, AE and AH Zones, where base flood elevation data have been provided as set forth in Article IV, Section 460.140(B), the following provisions are required:
1.
All new construction. A residential or non-residential building, including manufactured housing, shall be constructed on a foundation that meets one (1) or more of the following requirements:
a.
The lowest floor, including the basement of the building or building addition, shall be at or above the base flood elevation;
b.
When fill is used for the building pad, it shall be placed in layers no greater than twelve (12) inches deep before compacting and should extend beyond the foundation walls at a slope no greater than 3:1. When fill is used, the top layer shall be above the base flood elevation;
c.
No fill shall be placed within ten (10) feet of the property line. The prohibition of fill within ten (10) feet of a property line can be waived by a structural engineer's certification that an alternative method will protect the building from damage due to erosion, scour and other hydrological forces.
d.
Fill shall not adversely affect the flow or surface drainage from or onto neighboring properties.
2.
Residential construction. New construction or substantial improvements of any residential structures, including manufactured housing, shall have the lowest floor, including basements, elevated to at least two (2) feet above the base flood elevation. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer. Such certification shall be provided to the Floodplain Administrator as set forth in Article III, Section 460.120(7 — 9). All new construction located in the area behind a flood levee shall be elevated a minimum of two (2) feet above the lowest adjacent grade.
Each new residential site shall have direct access to a walkway, driveway or street whose surface elevation is at least one (1) foot above the base flood elevation and such escape route shall lead directly out of the floodplain area.
3.
Non-residential construction. New construction or substantial improvements of any non-residential structure, including manufactured housing, shall have the lowest floor, including basements, elevated to at least two (2) feet above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed to the minimum flood protection elevation so that all areas of the building (including mechanical and utility equipment) below the required elevation are 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. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer. Such certification shall be provided to the Floodplain Administrator as set forth in Article III, Section 460.120(7 — 9). All new construction located in the area behind a flood levee shall be elevated a minimum of two (2) feet above the lowest adjacent grade.
Each new residential site shall have direct access to a walkway, driveway or street whose surface elevation is at least one (1) foot above the base flood elevation and such escape route shall lead directly out of the floodplain area.
4.
Require, for all new construction or substantial improvement, that fully enclosed areas below the base flood elevation used solely for parking of vehicles, building access or storage in an area other than a basement and that areas subject to flooding shall be limited to four hundred (400) square feet and 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 and meet or exceed the following minimum criteria:
a.
The structure must provide one (1) square inch of venting for every square foot of enclosed area;
b.
The structure must provide at least two (2) vents located on different sides of the structure, with one (1) being located on the upstream side of the structure, if possible;
c.
The bottom of required vents must be no higher than one (1) foot above grade;
d.
The required vents must be freely open with no human interventions required and be equipped with screens, louvers, valves or other coverings or devices provided that they permit automatic entry and exit of floodwaters;
e.
The area below the base flood elevation must be unfinished and constructed of flood-resistant materials as the same are defined by FEMA. Sheetrock or drywall used for fire protection is permitted in unfinished areas;
f.
All ductwork, heating, ventilation and air-conditioning systems, electrical and hot water heaters included as part of the structure must be elevated a minimum of one (1) foot above the base flood elevation;
g.
All of the above required features must be shown on the plan submitted for the floodplain development permit (and, if applicable, the building permit);
h.
An elevation certificate must document the venting features included in a structure and be filed with the Floodplain Administrator before the structure is occupied.
5.
Development. Any development, including fill, new construction, substantial improvements or other types of encroachment, is prohibited within a floodway.
Section 460.160 Manufactured Homes.
[Ord. No. 1054 Art. 4 §C, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.160), 9-24-2003; Ord. No. 1288, 2-27-2009]
A.
All manufactured homes to be placed within all unnumbered and numbered A Zones, AE and AH Zones on the community's FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
B.
Require manufactured homes that are placed or substantially improved within unnumbered or numbered A Zones, AE and AH Zones on the community's FIRM on sites:
1.
Outside of a manufactured home park or subdivision;
2.
In a new manufactured home park or subdivision;
3.
In an expansion to an existing manufactured home park or subdivision; or
4.
In an existing mobile home park or subdivision or whenever a manufactured home has incurred substantial damage as the result of a flood, the replacement manufactured home shall be elevated on a permanent foundation so the lowest floor of the manufactured home is at least two (2) feet above the base flood elevation (BFE) and securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.
C.
Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park within all unnumbered and numbered A Zones, AE and AH Zones on the community's FIRM, and not subject to the provisions of Article IV, Section 460.160(B) of this Chapter, be elevated so the lowest floor of the manufactured home is at least two (2) feet above the base flood elevation (BFE). The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.
Section 460.170 Areas of Shallow Flooding (AO and AH Zones).
[Ord. No. 1054 Art. 4 §D, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.170), 9-24-2003; Ord. No. 1288, 2-27-2009]
A.
Located within the areas of special flood hazard as described in Article II, Section 460.040 are areas designated as AO Zones. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions apply:
1.
AO Zones.
a.
All new construction and substantial improvements of residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified).
b.
All new construction and substantial improvements of any commercial, industrial or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified) or, together with attendant utilities and sanitary facilities, be completely 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.
c.
Adequate drainage paths shall be required around structures on slopes in order to guide floodwaters around and away from proposed structures.
Section 460.180 Floodway.
[Ord. No. 1054 Art. 4 §E, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.180), 9-24-2003; Ord. No. 1288, 2-27-2009]
A.
Located within areas of special flood hazard established in Article II, Section 460.040 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:
1.
The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.
2.
Any encroachments, including fill, new construction, substantial improvements or other development, within the adopted regulatory floodway is prohibited.
4.
In unnumbered A Zones, the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources as set forth in Article IV, Section 460.140(B).
Section 460.190 Recreational Vehicles.
[Ord. No. 1054 Art. 4 §F, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.190), 9-24-2003; Ord. No. 1288, 2-27-2009]
A.
Require that recreational vehicles placed on sites within all unnumbered and numbered A Zones, AE, AH and AO Zones on the community's FIRM either:
1.
Be on the site for fewer than one hundred eighty (180) consecutive days; or
2.
Be fully licensed and ready for highway use*; or
3.
Meet the permitting, elevation and anchoring requirements for manufactured homes of this Chapter.
* A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions. |
Section 460.200 Establishment of Appeal Board.
[Ord. No. 1054 Art. 5 §A, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.200), 9-24-2003; Ord. No. 1288, 2-27-2009]
The Board of Zoning Appeals, Appeal Board, as established by the City of Mission, Kansas, shall hear and decide appeals and requests for variances from the floodplain management requirements of this Chapter.
Section 460.210 Responsibility of Appeal Board.
[Ord. No. 1054 Art. 5 §B, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.210), 9-24-2003; Ord. No. 1288, 2-27-2009]
Section 460.220 Further Appeals.
[Ord. No. 1054 Art. 5 §C, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.220), 9-24-2003; Ord. No. 1288, 2-27-2009]
Any person aggrieved by the decision of the Appeal Board or any taxpayer may appeal such decision to the District Court as provided in K.S.A. 12-759 and 12-760.
Section 460.230 Floodplain Management Variance Criteria.
[Ord. No. 1054 Art. 5 §D, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.230), 9-24-2003; Ord. No. 1288, 2-27-2009]
A.
In passing upon such applications for variances, the Appeal Board shall consider all technical data and evaluations, all relevant factors, standards specified in other Sections of this Chapter and the following criteria:
1.
Danger to life and property due to flood damage;
2.
Danger that materials may be swept onto other lands to the injury of others;
3.
Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4.
Importance of the services provided by the proposed facility to the community;
5.
Necessity to the facility of a waterfront location, where applicable;
6.
Availability of alternative locations, not subject to flood damage, for the proposed use;
7.
Compatibility of the proposed use with existing and anticipated development;
8.
Relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
9.
Safety of access to the property in times of flood for ordinary and emergency vehicles;
10.
Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site; and
11.
Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.
Section 460.240 Conditions For Approving Floodplain Management Variances.
[Ord. No. 1054 Art. 5 §E, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.240), 9-24-2003; Ord. No. 1288, 2-27-2009]
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing Subsections (B) through (F) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the reconstruction, repair, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places or Local Inventory of Historic Places upon determination, provided the proposed activity will not preclude the structure's continued historic designation and the variance is the minimum necessary to preserve the historic character and design of the structure.
C.
Variances shall not be issued within any designated floodway if any significant increase in flood discharge would result.
D.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E.
Variances shall only be issued upon:
1.
Showing of good and sufficient cause,
2.
Determination that failure to grant the variance would result in exceptional hardship to the applicant, and
3.
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.
F.
A community shall notify the applicant in writing over the signature of a community official that:
1.
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and
2.
Such construction below the base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions as required by this Chapter. |
Section 460.250 Penalties For Violation.
[Ord. No. 1054 Art. 6, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.250), 9-24-2003; Ord. No. 1288, 2-27-2009]
Violation of the provisions of this Chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Mission, Kansas, or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
Section 460.260 Amendments.
[Ord. No. 1054 Art. 7, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.260), 9-24-2003; Ord. No. 1288, 2-27-2009]
The regulations, restrictions and boundaries set forth in this Chapter 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 of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Mission, Kansas. At least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the FEMA Region VII office. The regulations of this Chapter are in compliance with the NFIP regulations.
Section 460.270 Definitions.
[Ord. No. 1054 Art. 8, 9-11-2002; Ord. No. 1288, 2-27-2009]
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the same meaning they have in common usage and to give this Chapter its most reasonable application.
See "BASE FLOOD".
The same as "APPURTENANT STRUCTURE".
See "RISK PREMIUM RATES".
The Federal Insurance Administrator.
The Federal Emergency Management Agency (FEMA).
A request for review of the Floodplain Administrator's interpretation of any provision of this Chapter or a request for a variance.
A structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
Any area of the structure having its floor subgrade (below ground level) on all sides.
See "STRUCTURE".
The chief engineer of the Division of Water Resources, Kansas Department of Agriculture.
The official of the community who is charged with the authority to implement and administer laws, ordinances and regulations for that community.
Any State or area or political subdivision thereof which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
An artificially excavated, hydrologically equivalent volume of storage within the SFHA used to balance the loss of natural storage capacity when encroachments are placed within the floodplain.
Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Development does not include:
Maintenance of existing buildings or facilities such as reroofing, residing or resurfacing of roads when there is no increase in the building footprint, ground or road surface elevation;
Gardening, tilling, plowing or similar agricultural practices that do not involve filling, grading, terracing of land or construction of levees;
For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.
A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
A general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland waters;
The unusual and rapid accumulation or runoff of surface waters from any source; and
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined above in Subparagraph (1).
An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.
A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
The area outside the floodway encroachment lines but still subject to inundation by the regulatory flood.
An official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.
The document adopted by the Governing Body showing the limits of:
An official map of a community on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
The base flood elevation plus two (2) feet at any given location within the floodplain.
Any land area susceptible to being inundated by water from any source (see "FLOODING").
The operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited, to emergency preparedness plans, flood control works and floodplain management regulations.
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of Police power. The term describes such State or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.
Any combination of structural and non-structural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities or structures and their contents.
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 (1) foot.
The lines marking the limits of floodways on Federal, State and local floodplain maps.
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 bridge openings and the hydrological effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.
The land area that would be inundated by the one percent (1%) annual chance flood based on future conditions hydrology.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a State Inventory of Historic Places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a Local Inventory of Historic Places in communities with historic preservation programs that have been certified either:
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 floodproofing design requirements of this Chapter.
A structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM) or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).
An estimate of what is fair, economic, just and equitable value under normal local market conditions.
For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
Surface topography of the earth prior to changes made by human activity such as, but not limited to, grading, terracing or filling.
For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.
The National Flood Insurance Program (NFIP).
A community in which the Administrator has authorized the sale of flood insurance.
A signed document from a designated community official authorizing development in a floodplain, including all necessary supporting documentation such as:
Any individual or group of individuals, corporation, partnership, association or any other entity, including Federal, State and local governments and agencies.
At least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.
Base flood waters will not inundate the land or damage structures to be removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the largest horizontal projections;
Designed to be self-propelled or permanently able to be towed by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
To bring the structure or other development into compliance with Federal, State or local floodplain management regulations or, if this is not possible, to reduce the impacts of its non-compliance.
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 National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.
See "AREA OF SPECIAL FLOOD HAZARD".
An area having special flood hazards and shown on a FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A, AO, AE or AH.
Includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvements were within one hundred eighty (180) days of the permit date. The "actual start" means either the first (1st) placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, 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, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first (1st) alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
The Division of Water Resources, Kansas Department of Agriculture or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure", for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation, or a travel trailer, without wheels, on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair unless such materials or supplies are within an enclosed building on the premises.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed forty percent (40%), or another lesser value of the community's choosing, of the market value of the structure before the damage occurred. Substantial damage also means flood-related damage sustained by a structure on two (2) separate occasions during a continuous ten (10) year period for which the cost of repairs at the time of each flood event, on the average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, or other improvement of a structure, the cost of which equals or exceeds forty percent (40%), or another lesser percent of the community's choosing, of the market value of the structure before "start of construction" of the improvement; or any addition to a building that occurs outside the footprint of the building. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications that have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions, or
Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".
When the combined total of improvements or repairs made to the structure in the previous ten (10) years equals or exceeds fifty percent (50%) of the structure's market value, that structure is considered a substantial improvement. |
A grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this Chapter is presumed to be in violation until such time as that documentation is provided.
The height in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain riverine areas.