In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and 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 state statutes.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application.

(a)

Actuarial rates: or risk premium rates are those rates established by the administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S.C. 4014 and the accepted actuarial principles. Actuarial rates include provisions for operating costs and allowances.

(b)

Channel: A natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of a defined channel.

(c)

Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

(d)

Flood: A temporary rise in streams flow or stage that results in water overlapping its banks and inundating areas adjacent to the channel. An unusual and rapid accumulation of runoff or surface waters from any source.

(e)

Flood Elevation Determinations: A determination of the water surface elevations of the 100-year flood; that is, the level of flooding that has a one percent chance of occurrence in any given year.

(f)

Flood Insurance Rate Map (FIRM): The official map prepared by the Department of Housing and Urban Development - Federal Insurance Administration for a community delineating where flood insurance may be sold and the risk premium zones applicable to such areas.

(g)

Flood Insurance Study (FIS): The official report provided contains flood profiles and water surface elevations for various flood frequencies as well as the boundaries and water surface elevation of the 100-year flood.

(h)

Flood Plain Management: The operation of an overall program of corrective and preventative measures for reducing flood damage, including, but not limited to emergency preparedness plan, flood control works and flood plain management regulations.

(i)

Flood Protection System: Those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard. Such a system typically includes levees or dikes. These specialized modifying works are those constructed in conformance with sound federal engineering standards.

(j)

Flood Proofing: Any combination of structural and non-structural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

(k)

Floodway: The channel of a river or other watercourse and the adjacent portion of the flood plain that must in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the flood plain.

(l)

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

(m)

Historic Structure: Historic Structure means any structure that is:

(1)

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;

(2)

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;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior;

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of The Interior.

b.

Directly by the Secretary of the Interior in states without approved programs.

(n)

Lowest Floor: 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 non-elevation design requirements of this chapter.

(o)

Manufactured Home (Mobile Home): Manufactured Home (Mobile Home) means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance proposes the term manufactured home does not include park trailers, travel trailers and other similar vehicles.

(p)

New Construction: New Construction means, for the proposes 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 flood plain management proposes, new construction means structures for which the start of construction commenced on or after the effective date of a flood plain management regulation adopted by a community and includes any subsequent improvements to such structures.

(q)

100-Year Flood: The base flood having a one percent change of annual occurrence.

(r)

Overlay District: A district which acts in conjunction with the underlying zoning district or districts.

(s)

Regulatory Flood Protection: An elevation one foot higher than the water elevation surface elevation of the regulatory flood.

(t)

Regulatory Flood Elevation: Elevation indicated on the F.I.R.M. as the elevation of the 100-year flood.

(u)

Start of Construction: For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the state excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; not does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first 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.

(v)

Structure: A walled and roofed structure including a gas or liquid storage tank, that is principally above the ground, including but without limitation to buildings, factories, sheds, cabins, and other similar uses.

(w)

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

(x)

Substantial Improvement: Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures, which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

This chapter shall apply to all lands within the jurisdiction of the Prairie Village, Kansas identified on the Flood Insurance Rate Map (F.I.R.M.) as numbered and unnumbered A Zones and within the Zoning District FW and FF established in section 19.26.020 of this chapter. In all areas covered by this chapter, no development shall be permitted except upon a permit to develop granted by the city council or its duly designated representative under such safeguards and restrictions as the council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the city and where specifically noted in sections 19.26.045 through 19.26.060.

The mapped flood areas within the jurisdiction of this chapter are hereby divided into the two following districts: A floodway overlay district (FW) and floodway fringe overlay district (FF) identified in the Flood Insurance Study (Flood Boundary and Floodway Map(s). The boundaries of these districts shall be shown on the official zoning map. Within these districts all uses not meeting the standards of this chapter and those standards of the underlying zoning district shall be prohibited. These zones shall be consistent with the numbered and unnumbered A Zones as identified on the official FIRM and identified in the flood insurance study provided by the Federal Insurance Administration.

The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed to determine the exact location of the boundaries of the districts as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the enforcement official shall make the necessary interpretation. In such cases where the interpretation is contested, the board of zoning appeals will resolve the dispute. The regulatory flood elevation for the point in question shall be the governing factor in locating the district boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence, if he so desires.

This chapter uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps.

(a)

Selection of regulatory flood which 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 regulatory flood selected for this chapter is representative of large floods known to have occurred in this region to occur on the particular streams subject to this chapter. It is in the general order of a flood which could be expected to occur on the average once every 100 years or has a one percent chance of occurrence in any one year, as delineated on the preliminary draft of the Federal Insurance Administrations Flood Insurance Study, and illustrative materials (FIRM) dated September 27, 1991, as amended.

(b)

Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.

(c)

Computation of the floodway required to convey this flood without increasing flood heights more than one foot at any point.

(d)

Delineation of floodway encroachment lines within which not obstruction is permitted which would cause any increase in flood height.

(e)

Delineation of the floodway fringe, i.e., that area outside the floodway encroachment lines but which still is subject to inundation by the regulatory flood.

No person, firm or corporation shall initiate any development or cause the same to be done without first obtaining a separate permit for development for each such building or structure.

(a)

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

(1)

Identify and describe the work to be covered by the permit for which application is made;

(2)

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

(3)

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

(4)

Be accompanied by plans and specifications for proposed construction;

(5)

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

(b)

Within designed flood prone areas, be accompanied by elevations (in relation to mean sea level) of the lowest floor (including basement) or in the case of flood proofed non-residential structures, the elevation to which it has been flood proofed. Documentation or certification of such elevations will be maintained by the assistant building official.

(c)

Give such other information as reasonably may be required by the assistant building official.

(1)

A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be corrupted by the proposed development and higher water information.

(2)

Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevation of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information.

(3)

Profile showing the slope of the bottom of the channel or flow line of the stream.

(d)

The assistant building official shall review all building permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by Federal or State law (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S. Code 1334) and make recommendations for development in all locations which have flood hazards.

(a)

No permit for development shall be granted for new construction, substantial improvements and other improvements within A 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 water surface elevation was not provided. The unnumbered A Zones shall be subject to all development provisions of this chapter except those sections relating to elevation or flood proofing. When base flood elevation data has not been provided in accordance with section 19.26.030, paragraph A, then the assistant building official shall obtain, review, and reasonably utilize any base flood elevation or floodway data available from a Federal, State, or other source, in order to administer the provisions included in chapter 19.26.

(c)

New construction, substantial improvements, prefabricated buildings and other developments shall be designed or anchored to prevent the flotation, collapse or lateral movement due to flooding and will require:

(1)

New or replacement water to supply systems and/or sanitary infiltration of flood waters into the systems and discharges from the systems into the flood waters; and on-site waste disposal systems shall be located so as to avoid impairment of them or contamination from beyond applicable environmental control limits during flooding;

(2)

Subdivision proposals and other proposed new development shall be required to assure that: (a) all such proposals are consistent with the need the minimize flood damage, (b) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage, (c) adequate drainage is provided so as to reduce exposure to flood hazards, and (d) proposals for development of five acres or 50 lots whichever is lesser include within such proposals the regulatory flood elevation;

(3)

New development and substantial improvements shall: (a) use construction materials and utility equipment that are resistant to flood damage, and (b) use construction methods and practices that will minimize flood damage, consistent with economic practicability;

(4)

Utility and Sanitary Facilities - All utility and sanitary facilities shall be flood proofed up to the regulatory flood protection elevation so that any space below the regulatory flood protection elevation is water tight with walls substantially impermeable to the passage of water with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(5)

Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Rate study incorporated by references section 19.26.030 of this chapter;

(6)

The use of construction materials and utility equipment that are resistant to flood damage. Moreover, construction methods and practices will minimize flood damage;

(7)

The governing body of the city is to ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. The city will notify, in riverine situations, adjacent communities and the States Coordinating Office prior to any alteration of relocation of a watercourse, and submit copies of such notifications to the administrator. Moreover, the city will work with appropriate State and Federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Flood Disaster Protection Act of 1973;

(8)

Storage of Material and Equipment:

a.

The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

b.

Storage of other material or equipment may be allowable if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

(9)

Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

Permitted uses in the floodway overlay district are as follows:

Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the floodway district to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials or equipment. No use shall increase the flood levels of the regulatory flood elevation. These uses are subject to the standards of section 19.26.045.

(a)

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

(b)

Residential uses such as lawns, gardens, parking, and plan areas.

(c)

Non-residential areas such as loading areas, parking, airport landing strips.

(d)

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

(a)

Permitted uses in the Floodway Fringe Overlay District are as follows:

Any use permitted in section 19.26.050 shall be permitted in the Floodway Fringe Overlay District. No use shall be permitted in the district unless the standards of section 19.26.045 are met.

(b)

Standards for the Floodway Fringe Overlay District are as follows:

(1)

Require new construction or substantial improvements of residential structures to have the lowest floor, including basement elevated to or above the regulatory flood elevation.

(2)

Require new construction or substantial improvements of non-residential structures to have the lowest floor, including basement, elevated to or above the regulatory flood elevation or, together with attendant utility and sanitary facilities, to be flood proofed up to the level.

Within zones FF all new construction and substantial improvements of residential structures have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the official FIRM.

Non-residential structures, within zones FF, together with attendant utility and sanitary facilities may be flood proofed to or above the depth number specified on the official FIRM.

(a)

Flood Proofing - applicants shall provide certification by a registered professional engineer or architect that the flood proofing plans are adequate to be water tight with walls impermeable to the passage of water and withstand the hydrostatic and hydrodynamic forces associated with the 100-year flood.

(b)

Flood proofing of residential structures will not be allowed unless the community is specifically granted an exception from the provisions of this chapter by the Administrator of the Federal Insurance Administration.

(c)

Elevation of Property - the applicant shall provide information identifying the elevation of the property in relation to mean sea level of the lowest flood (including the basement of the proposed structure) to which structures are flood proofed. In addition, the applicant shall provide this information for the second lowest floor when the lowest floor is below grade on one of or more sides.

(d)

The assistant building official will maintain the records certification when issuing development permits in conformance with this section.

(a)

Where by reason of exceptional narrowness, shallowness, shape of topography, or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any provision of this chapter would result in peculiar and exceptional hardship upon the owner of the property as an unreasonable deprivation of use as distinguished from the mere grant of a privilege, the board of zoning appeals may authorize a variance from strict application so as to relieve the demonstrable difficulties or hardships, provided that such a variance may only be granted if:

(1)

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

(2)

The structure is listed on the National Register of Historic Places, the State Inventory of Historic Places to be restored or reconstructed.

(b)

Variances shall not be issued except upon: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the variance issuance 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 or state laws or ordinances.

(c)

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

(d)

A community will notify the applicant that the issuance of a variance to locate a structure at an elevation below the 100-year flood level will result in increased actuarial rates for flood insurance coverage.

(a)

A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:

(1)

No such use or substantial improvement of that use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity;

(2)

If such use is discontinued for six consecutive months, any future use of the building premises shall conform to this chapter. The utility department shall notify the assistance building official in writing of instances of nonconforming uses where utility services have been discontinued for a period of three months;

(3)

Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.

(b)

If any nonconforming use or structure is destroyed or damaged by more than 50 percent of its fair market value by any means, including flood, it shall not be reconstructed unless it is reconstructed in conformity with the provisions of this chapter. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Where a request for a permit to develop or a variance is denied by the assistant building official, the applicant may apply for such permit or variance directly to the board of zoning appeals.

The board of zoning appeals may grant or deny such request by appropriate resolution adopted within 60 days after the state of such application to the board of zoning appeals.

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 in interest and citizens shall have an opportunity to be heard. At least 15 days notice of the time and place of such hearing shall be published in a newspaper of general circulation in Johnson County, Kansas. Prior to the adoption thereof, the governing body shall submit to the Chief Engineer of Water Resources of the State Board of Agriculture any ordinance, regulation or plan proposing to create or to effect any change in a flood plain zone or district, or that proposes to regulate or restrict the location and use of structures, encroachments and uses of land within such an area. The regulations of this chapter in compliance with the National Flood Insurance Program Regulations as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976.

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 height 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 floodway and floodway fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of Prairie Village, Kansas or any officer or employee thereof for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder.

No structure, land, or water shall hereafter be used and no structure shall be located, extended, converted or structurally altered without the 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 provision of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.

The building official of the city is hereby designated as the council's duly designated enforcement officer under this chapter.

Violation of the provisions of this chapter or failure to comply with any OT its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) 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 $100.00, 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 Governing Body of Prairie Village, Kansas or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.