14-1.01 The floodplain regulations set forth in this section, or set forth elsewhere in these regulations, when referred to in this section, are the regulations in the Floodplain Overlay District (FP). The flood hazard areas of Gas, Kansas are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and govern mental 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.
These flood losses are caused by the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities and the occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated or otherwise unprotected from flood damages.
The Flood Insurance Study (FIS) that is the basis of these regulations uses a standard engineering method of analyzing flood hazards, which consist of a series of related steps.
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 these regulations is representative of large floods, which are the characteristic of what can be expected to occur on the particular streams subject to these regulations. It is 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 Administrators FIS and illustrative materials dated September 17, 1975 as amended, and any future revisions thereto.
b. 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.
The purpose of these regulations is to promote the public health, safety and general welfare; to minimize those losses described in these regulations; 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(c) by applying the provisions of these regulations to:
1. Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.
2. Require that uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction.
3. Protect individuals from buying lands that are unsuited for intended purposes because of flood hazard.
14-2.01 These regulations shall apply to all lands within the jurisdiction of gas, Kansas identified as unnumbered and numbered A zones, AE, AO and AH Zones on the Flood Insurance Rate Map dated September 19, 1975 as amended, any future revisions thereto. In all areas covered by these regulations, no development shall be permitted except through the issuance of a Building permit granted by the City Council of Gas, Kansas or its duly designated representative under such safeguards and restrictions as the City Council of Gas, Kansas or the designated representative may reasonably impose for the promotion and maintenance of the general welfare and health of the inhabitants of the community as specifically noted in these regulations.
14-2.02 No development located within the special flood hazard areas of this community shall be located, extended, converted or structurally altered without full compliance with the terms of these and other applicable regulations.
14-2.03 Enforcement: The Zoning Administrator hereby has these added responsibilities and is authorized and directed to enforce all of the provisions of this section.
14-2.04 It is not intended by these regulations to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, when these regulations impose greater restrictions, the provisions of these regulations shall prevail. All other regulations inconsistent with these regulations are hereby repealed to the extent of the inconsistency alone.
14-2.05 In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements, 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.
14-3.01 The degree of flood protection required by these regulations is considered reason able for regulatory purposes and is based on scientific and engineering considerations. 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. These regulations do not imply that areas outside floodplain or land uses permitted within such areas will be free from flooding or flood damages. These regulations shall not create liability on the part of Gas, Kansas or by any officer or employee thereof for any flood damages that result from reliance on these floodplain regulations or any administrative decision lawfully made there under.
14-4.01 The floodplain overlay district shall include only those areas of special flood hazard as designated by the Federal Insurance Administration’s “Flood Hazard Boundary Map,” for unincorporated Allen County which is now located within the City of Gas dated September 19, 1975, and any revisions thereto. The floodplain overlay district created for this section is FP ( Floodplain Overlay District).
14-5.01 A building permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas located in the Floodplain Overlay District. 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 building permit for each structure or other development.
14-5.02 The 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 ordinance 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 and 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 maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished.
7. Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including a 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.
14-5.03 To obtain a building permit, the applicant shall first file an application therefore in writing on a form furnished for that purpose by the Zoning Administrator.
1. Identify and describe the work to be covered by the building permit.
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 specifically locate the proposed building or work
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. Identify the existing base flood elevation and the elevation of the proposed development.
6. Give such other information as reasonably may be required by the Zoning Administrator.
7. Be accompanied by plans and specifications for proposed construction.
8. Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.
14-6.01 General Standards.
1. No building permit shall be granted for new construction, substantial-improvements and other improvements, including the placement of manufactured homes, within any unnumbered or numbered A zones, AE, AO and AH zones, unless the conditions of these regulations are satisfied.
2. 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 these regulations. If Flood Insurance Study (FIS) 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.
3. Until a floodway is designated, no new construction, substantial-improvements or other development, including fill, shall be permitted within any numbered A zone or AE zone on the FIRM 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 foot at any one point within the community.
4. All new construction, subdivision proposals, substantial-improvements, prefabricated structures, placement of manufactured homes and other developments shall require:
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;
b. construction with materials resistant to flood damage;
c. Utilization of methods and practices that minimize flood damages;
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;
e. New or replacement water supply 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 and contamination; and
f. 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) All such proposals are consistent with the need to minimize flood damage.
(2) All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.
(3) Adequate drainage is provided so as to reduce exposures to flood hazards.
(4) All proposals for development, including proposals for manufactured home parks and subdivisions, greater than five acres or 50 lots, whichever is lesser, include within such proposals base flood elevation data.
5. Storage, material and equipment.
a. The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, and explosive or could be injurious to human, animal or plant life is prohibited.
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.
6. Nonconforming Use. A structure, or the use of a structure or premises that was lawful before the passage or amendment of these regulations, but which is not in conformity with the provisions of these regulations, may be continued subject to the following conditions:
a. If such structure, use or utility service is discontinued for six consecutive months, any future use of the building shall conform to these regulations.
b. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent 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.
14-6.02 Specific Standards.
1. In all areas identified as unnumbered and numbered A zones, AE and AH Zones, where base flood elevation data have been provided as set forth in these regulations, the following provisions are required:
a. Residential construction. New construction or substantial-improvement of any residential structure shall have the lowest floor, including basement, elevated to at least one foot above the base flood elevation. The elevation of the lowest floor shall be certified by a licensed land surveyor.
b. Non-residential construction. New construction or substantial-improvement of any commercial, industrial or other nonresidential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be flood proofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structure 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. Such certification shall be provided to the Zoning Administrator.
c. Require, for all new construction and substantial-improvements that fully enclosed areas below the lowest floor used solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall 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 or meet or exceed the following minimum criteria:
(a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(b) 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.
14-6.03 Manufactured Homes.
1. 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.
2. Require manufactured homes that are placed or substantially improved within numbered or unnumbered A zones, AE, and AH zones on the community’s FIRM on sites:
a. Outside of a manufactured home park or subdivision,
b. In a new manufactured home park or subdivision,
c. In an expansion to an existing manufactured home park or subdivision, or
d. In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of one foot above the base flood elevation and be 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.
3. Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A zones, AE and AH Zones on the community’s FIRM, that are not subject to the provisions of this section, be elevated so that either:
a. The lowest floor of the manufactured home is at or above one foot above the base flood elevation, or
b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored 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.
14-6.04 Areas of Shallow Flooding (AO and AH zones). Located within the areas of special flood hazard as described in these regulations are areas designated as AO zones. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions apply:
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 grade at least as high as the depth number specified in feet on the community’s FIRM (at least two feet if no depth number is specified).
b. 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 FIRM (at least two feet if no depth number is specified) or together with attendant utilities and sanitary facilities be completely floodproofed to that 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.
2. AH Zones.
a. The specific standards for all areas of special flood hazard where base flood elevation has been provided shall be required as set forth in these regulations.
b. Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.
14-6.05 Floodway (as determined from data available from other sources). If a community determines there are areas of special flood hazard that may be defined as floodway, through the use of base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to these regulations, and determines this data is suitable as criteria for requiring that new construction, substantial improvements, or other development in Zone A, the community must meet the standards below:
1. 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 foot at any point.
2. Prohibit encroachments, including fill, new construction, substantial-improvements and other development with the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
14-6.06 Recreational Vehicles. 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 180 consecutive days; or
2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions; or
3. Meet the permitting, elevation and anchoring requirements for manufactured homes in these regulations.
14-7.01 These floodplain regulations shall take precedence over conflicting regulations or parts of regulations. The Governing Body may, from time to time, amend this section to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, that such amendments shall be in compliance with the requirements of these zoning regulation s and with the requirements of K.S.A. § 12-766. A copy of such amendments will be provided to the Region VII office of the Federal Emergency Management Agency. These floodplain regulations are in compliance with the National Flood Insurance Program Regulations (NFIP).
14-8.01 Variances and Variance Procedures: The Board of Zoning Appeals shall hear and decide all variances from the requirements of this section and shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Zoning Administrator in the enforcement or administration of this section.
14-8.02 Variances for Historic Places: Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the national Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
14-8.03 Floodplain Management Variance Criteria: The Board of Zoning Appeals, in passing upon variance applications in the Floodplain Overlay District (FP), shall consider all technical evaluations, all relevant factors, standards specified in this section, and the following:
1. The danger that materials may be swept onto other lands to the injury of others.
2. The danger to life and property due to flood damage.
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
4. The importance of the services provided by the proposed facility to the community.
5. The necessity to the facility of a waterfront location, where applicable.
6. The availability of alternative locations, not subject to flood damage, for the proposed use.
7. The compatibility of the proposed use with existing and anticipated development.
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
9. The safety of access to the property in times of flood for ordinary and emergency vehicles.
10. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at this site.
11. The 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, and streets and bridges.
14-8.04 Conditions For Approving Floodplain Management Variances.
1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of v acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing the criteria in this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
2. Variances may be issued for the reconstruction, 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.
3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. Variances shall only be issued upon: 1) a showing of good and sufficient cause, 2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 3) a 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.
6. 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 elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by these regulations.
14-9.01 Per the requirements of K.S.A. § 12-766, these floodplain regulations shall not be effective until approved by the Chief Engineer, Division of Water Resources, Kansas State Board of Agriculture.