1. 1.
   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 April 22, 2019.

2. 2.
   Kansas Statutory Authorization

   The Legislature of the State of Kansas has in K.S.A. 12-741 et seq. as amended, and specifically in K.S.A. 12-766 as amended, delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare. Therefore, the Governing Body ordains as follows:

1. 1.

   Flood Losses Resulting from Periodic Inundation
   The Special Flood Hazard Areas of the City 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.

2. 2.
   General Causes of the Flood Losses

   These flood losses are caused by: (1) the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.

3. 3.
   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. a.
      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. 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 August 3, 2009, as amended, and any future revisions thereto.
   2. b.
      Calculation of water surface profiles that are based on a standard hydraulic engineering analysis of the capacity of the stream channel and over bank areas to convey the base flood.
   3. c.
      Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
   4. d.
      Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
   5. e.
      Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.

This Chapter shall apply to all lands within the jurisdiction of the City identified as the Special Flood Hazard Area which includes 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. All minimum elevation provisions provided under Section 18.360.450 shall also apply to properties which have been previously removed from the Special Flood Hazard Area by Letter of Map Revision based on Fill (LOMR-F). Some provisions of Section 18.360.440 C. also apply to areas formerly included in the Special Flood Hazard Area. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Floodplain Administrator or the duly designated representative under such safeguards and restrictions as the Governing Body or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the City, and as specifically noted in Section 18.360.450.

No development located within the Special Flood Hazard Areas of the City shall be located, extended, converted, or structurally altered without full compliance with the terms of this Chapter and other applicable regulations.

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.

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 City, and shall not be deemed a limitation or repeal of any other powers granted by Kansas statutes.

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 man-made 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 the City, any officer or employee thereof, for any flood damages that may result from reliance on this Chapter or any administrative decision lawfully made thereunder.

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.

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 Section 18.360.430 A. 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.

The Director of Planning and Development Services or his/her designee is hereby appointed to administer and implement the provisions of this Chapter as "Floodplain Administrator."

Duties of the Floodplain Administrator for properties within the Special Flood Hazard Areas shall include, but not be limited to:

1. 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. 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. 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. 4.
   Issue floodplain development permits for all approved applications;
5. 5.
   Assure notification of affected adjacent communities and the Division of Water Resources, Kansas Department of Agriculture, prior to any alteration or relocation of a watercourse, and retain records of such notification for FEMA;
6. 6.
   Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;
7. 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. 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; and
9. 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.

1. 1.
   No floodplain development permit shall be granted for new construction, substantial-improvements, and other improvements, including the placement of manufactured homes, within Special Flood Hazard Areas unless the conditions of this Section are satisfied.
2. 2.
    Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than 400 square feet, may be con­structed at grade and wet flood­-proofed provided there is no human habitation or occu­pancy of the struc­ture; the struc­ture is of single wall design; a floodplain variance has been granted from the standard floodplain management requirements of this Chapter; and a floodplain development permit has been issued. Provided, however, this 400 square foot limitation shall not apply to agricultural structures that require minimal investment, where the structure is used for temporary storage of equipment or crops, or temporary shelter for livestock, and only in circumstances where it can be demonstrated that such structures can be designed in a manner that flooding results in minimal damage to the structure and its contents and will create no additional threats to public safety.
3. 3.
   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 or flood studies have not been completed, a professional engineer licensed in the State of Kansas shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from federal, state or other sources. Conclusive engineering data which establishes the Base Flood Elevations and floodway shall then be submitted by the professional engineer to the City for review.
4. 4.
   Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within the Special Flood Hazard Area unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point. Additional conditions are established in Section 18.360.450 A. 5.
5. 5.
   Grading changes within the Flood Fringe must not cause an increase in the Base Flood Elevation unless the Floodplain Administrator has expressly issued a written waiver of this requirement and acknowledges the rise.
6. 6.
   The boundaries of the Floodway and Flood Fringe shall be determined by reviewing the Flood Insurance Rate Map (FIRM) and amendments thereto, the Flood Insurance Study (FIS) or other available data. Where interpretation is needed to locate the boundaries of the Floodway or Flood Fringe, the Floodplain Administrator may make the necessary interpretation when sufficient data is available. If the interpretation is contested, the applicant may apply to FEMA for a Letter of Map Change to clarify the location of the Floodway and/or Flood Fringe. If property near the Flood Fringe is lower than the Base Flood Elevation, this property shall be considered part of the Floodway or Flood Fringe for the purposes of this Chapter, regardless of the FIRM designation. If the FIRM indicates property is within the Floodway or Flood Fringe and such property is higher than the Base Flood Elevation, the FIRM designation shall establish the requirements of this Chapter until a Letter of Map Change revises the FIRM.
7. 7.
   The Floodplain Administrator is authorized to request a Letter of Map Change or Physical Map Revision for any work performed in the Special Flood Hazard Area in order to maintain proper records and assist in the notification process.
8. 8.
   All new construction, subdivision proposals, substantial-improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:

   1. a.
      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. b.
      Construction with materials resistant to flood damage;
   3. c.
      Utilization of methods and practices that minimize flood damages;
   4. d.
      All electrical, 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 components during conditions of flooding;
   5. e.
      New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination from them during flooding; and
   6. f.
      All additions constructed outside the existing walls of a structure in the Special Flood Hazard Area shall be constructed with the lowest floor elevated two (2) feet above the B.F.E., except non-residential structures, excluding apartment buildings, are allowed to flood proof to two (2) feet above B.F.E. This includes minor additions and substantial improvements for pre-firm and post-firm structures.
   7. g.
      Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within Special Flood Hazard Areas are required to assure that:

      1. 1.
         All such proposals are consistent with the need to minimize flood damage;
      2. 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. 3.
         Adequate drainage is provided so as to reduce exposure to flood hazards;
      4. 4.
         All proposals for development include within such proposals Base Flood Elevation data;
      5. 5.
         New subdivision plats or rezonings which contain Special Flood Hazard Areas, cannot create a new lot within the Special Flood Hazard Area which would allow constructing a residential dwelling;
      6. 6.
         New subdivision plats with only one public street for access during any phase of platting, shall meet one of the following:

         1. a.
            The public street, including the street’s intersection to existing streets, shall be constructed outside the Special Flood Hazard Areas; or
         2. b.
            The depth of storm water for public streets constructed in the Special Flood Hazard Area shall meet the City’s most current storm water design criteria, including the street’s intersection to existing streets, or a deviation from the City’s design criteria for storm water depths in public streets must be approved by the Fire Department; or
         3. c.
            A secondary emergency access route is provided, as approved by the Fire Department.
      7. 7.
         Critical Facilities:

         1. a.
            All new or substantially improved critical nonresidential facilities including, but not limited, to governmental buildings, police stations, fire stations, hospitals, orphanages, penal institutions, communication centers, water and sewer pumping stations, water and sewer treatment facilities, transportation maintenance facilities, emergency aviation facilities, and schools shall be protected from the 0 .2 percent annual chance flood event, also referred to as the 500-year flood event, by either:

            1.   
               1. 1.
                  Elevating the structure, along with its attendant utility and sanitary facilities, above the 500-year flood level or,
               2. 2.
                  Flood proofing the structure and its attendant utility and sanitary facilities below the 500-year flood level. Habitable spaces must be constructed so the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. If a space is non-habitable, other means of flood proofing may be accomplished provided the contents of the structure cannot be damaged by storm water. A professional engineer or registered architect shall certify that the standards of this subsection are satisfied. Certification shall be provided to the Floodplain Administrator as set forth in Section 18.360.440 C 7-9.
         2. b.
            All critical facilities shall have access routes that are above the elevation of the 500-year flood.
         3. c.
            No critical facilities shall be constructed in any designated floodway, except sanitary sewer and water supply facilities.
9. 9.
   Storage, Material, and Equipment

   1. a.
      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. b.
      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.
10. 10.
    Nonconforming 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. a.
       If such structure, use, or utility service is discontinued for 6 consecutive months, any future use of the building shall conform to this Chapter.
    2. b.
        No such use or substantial improvement of that use shall be expanded, changed, enlarged or altered in any way which increases the nonconformity. Provided, however, substantial improvements to existing buildings are permissible provided that the building be modified to comply with Section 18.360.450 B - F inclusively, that the footprint of the building is not increased, the total floor area is not increased, and except for any accessory structures, an access path is available for emergency vehicles meeting the requirements of Section 18.360.450.A.8.g.6.a through 18.360.450.A.8.g.6.c inclusively.
    3. c.
       If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the pre-damaged market value of the structure except as provided under Section 18.360.450 A.10.b. 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.

In all areas identified as numbered and unnumbered A zones, AE, and AH Zones (also known as the Special Flood Hazard Areas), where Base Flood Elevation data have been provided, as set forth in Section 18.360.450 A.3., the following provisions are required:

1. 1.
   Residential Construction

   New construction or substantial-improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of two (2) feet above Base Flood Elevation.  Mechanical and HVAC equipment servicing the building shall be elevated or floodproofed to the same level as the lowest floor.  The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.

   In addition, new construction of any residential structure shall have the lowest adjacent grade a minimum of one (1) foot above the energy grade line of the base flood for fully developed conditions upstream.

2. 2.
   Non-Residential Construction

   New construction or substantial-improvement of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of two (2) feet above the Base Flood Elevation or, together with attendant utility and sanitary facilities, be floodproofed to a minimum of two (2) feet above the Base Flood Elevation so the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Mechanical and HVAC equipment servicing the building shall be elevated or floodproofed to the same level as the lowest floor.  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 Section 18.360.440 C 7-9.

3. 3.
   Require for all new construction and substantial-improvements that fully enclosed areas below the lowest floor are used solely for parking vehicles, building access or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

   1. a.
      A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and
   2. b.
      The bottom of all opening shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

1. 1.
   All manufactured homes to be placed within the Special Flood Hazard Area on the City'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 City anchoring requirements for resisting wind forces.
2. 2.
   Require manufactured homes that are placed or substantially improved within the Special Flood Hazard Areas on the City's FIRM on sites:

   1. a.
      Outside of a manufactured home park or subdivision;
   2. b.
      In a new manufactured home park or subdivision;
   3. c.
      In an expansion to and existing manufactured home park or subdivision; or
   4. d.
      In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial-damage as the result of a flood;

Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the Floodway to the extent they are not prohibited by any applicable law, ordinance or regulation. No use shall create ANY increase in the Base Flood Elevation. The following uses are permitted in accordance with standards established in this Chapter:

1. 1.
   Agricultural uses such as general farming, pastures, nurseries, forestry.
2. 2.
   Residential uses such as lawns, gardens and yard areas, however, residential parking areas shall not be permitted.
3. 3.
   Boat ramps.
4. 4.
   Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves.
5. 5.
   Utilities.
6. 6.
   Continuation of non-conforming uses subject to provisions of Section 18.360.450 A.10.

The Board of Zoning Appeals as established by the City shall hear and decide appeals and requests for  floodplain variances from the requirements of this Chapter..  All requests for appeals and floodplain variances shall follow the procedures established in Chapter 18.140.

Where an application for a floodplain development permit is denied by the Floodplain Administrator, the applicant may apply for such floodplain development permit directly to the Board of Zoning Appeals. 

The Board of Zoning Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter.

Any person aggrieved by the decision of the Board of Zoning Appeals or any taxpayer may appeal such decision to the District Court as provided in K.S.A. 12-759 and 12-760.

Floodplain variances may be issued for the reconstruction, repair, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without strict adherence to the criteria and conditions set forth in Subsections F and G, and the floodplain variance is the minimum necessary to preserve the historic character and design of the structure.