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

Actuarial or Risk Premium Rates mean 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 Act and the accepted actuarial principles. “Risk Premium Rates” include provisions for operating costs and allowances.

Appeal means a request for a review of the President of the City Council’s interpretation of any provision of this chapter or a request for a variance.

Area of special flood hazard is the land in the flood plain within a community subject to one percent (1%) or greater chance of flooding in any given year.

Base flood means the flood having one percent (1%) chance of being equaled or exceeded in any given year.

Development means any man-made change to improved or improved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Existing construction means (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 FIRM’s effective before that date. “Existing construction” may also be referred to as “existing structures”.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)   The overflow of inland or tidal waters.

(2)   The unusual and rapid accumulation or runoff of surface waters from any source.

Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Flood Insurance Study has delineated the Flood Hazard Boundaries and the zones establishing insurance rates applicable to the community.

Flood Insurance Study is the official report provided by he Federal Emergency Management Agency. The report contains flood profiles and the water surface elevation of the base flood.

Flood Fringe is that area of the flood plain, that on the average is likely to be flooded once every one hundred (100) years (i.e., that has a one percent (1%) chance of flood occurrence in any one year).

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of flood plain 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 flood way conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Manufactured home means a structure, transportable in one (1) 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 one hundred eighty (180) consecutive days. For insurance purposes the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles.

Manufactured home park or subdivision means a parcel or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

New construction means structures for which the “start or construction” or substantial improvement is commenced on or after the effective date of the FIRM.

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, placement, or other improvement was within one hundred eighty (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 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; nor does it include the installation of streets and/or walkways; nor 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.

Structure means a walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred For the purpose of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing, state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2)any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Variance is a grant of relief to a person from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.

(Ord. 799)

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Florence.

(Ord. 799)

The areas of special flood hazard identified by the Federal Emergency Management Agency through a scientific and engineering report entitled “The Flood Insurance Study for the City of Florence”, dated February 4, 1987, with accompanying Flood Insurance Rate Maps with any revision thereto are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at the City of Florence city building.

(Ord. 799)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. 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 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 Five Hundred Dollars ($500.00) or imprisoned for not more than thirty (30) days, or both, 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 Florence or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 799)

This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 799)

In the interpretation and application of this article, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the Governing Body and (3) deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. 799)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Florence or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 799)

A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 4-803. No person, firm, or corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for each development as defined in Section 4-801. Application for a Development Permit shall be made on forms furnished by the President of the City Council and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(1)   Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures.

(2)   Elevation in relation to mean sea level to which any non-residential structure is to be flood proofed.

(3)   Certification from a registered professional engineer or architect that the non-residential flood proofed structure will meet the flood proofing criteria in Section 4-814.

(4)   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Ord. 799)

The President of the City Council is hereby appointed to administer and implement the provisions of this article, by granting or denying development permit applications in accordance with its provisions.

(Ord. 799)

Duties of the President of the City Council shall include, but not be limited to:

(a)   Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this chapter have been satisfied.

(b)   Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, state or local governmental agencies from which prior approval is required.

(c)   When base flood elevation data has not been provided in accordance with Section 4-803, then the President of the City Council 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 of Sections 4-812 through 4-814.

(d)   Verify, record and maintain record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

(e)   Verify, record and maintain record of the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood proofed.

(f)   When flood proofing is utilized for a particular structure the President of the City Council shall obtain certification from a registered professional engineer or architect.

(g)   Notify adjacent communities and the Kansas Division of Water Resources prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Emergency Management Agency.

(h)   Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

(i)    Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the President of the City Council shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter.

(Ord. 799)

(a)   The Board of Zoning Appeals/City Council as established by the City of Florence shall hear and decide appeals and requests for variances from the requirements of this chapter.

(b)   The Board of Zoning Appeals/City Council shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the President of the City Council in the enforcement or administration of this chapter.

(c)   Any person aggrieved by the decision of the Board of Zoning Appeals/City Council or any taxpayer may appeal such decision to the District Court, Marion County, Kansas, as provided in K.S.A. 12-715.

(d)   In passing upon such applications, the Board of Zoning Appeals/City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:

(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 flooding or erosion damage;

(3)   the susceptibility of 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 to a waterfront location, where applicable;

(6)   the availability of alternative locations, not subject to flooding or erosion 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 flood plain 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 the site; and,

(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.

(e)   Conditions for Variances

(1)   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (2-5) below, have been fully considered. As the lot size increases beyond the one- half (1/2) acre, the technical jurisdiction required for issuing the variance increases.

(2)   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.

(3)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4)   Variances shall only be issued upon (A) a showing of good and sufficient cause, (B) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (C) 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.

(5)   Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. 799)

In all areas of special flood hazards zones (A, AE, A1-30, AO, AH) the following provisions are required:

(a)   All new construction including manufactured homes and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(b)   All new construction and substantial improvements shall be constructed with materials resistant to flood damage.

(c)   All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.

(d)   All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(e)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

(f)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

(g)   On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(h)   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.

(i)    Storage of other material or equipment may be allowed 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.

(j)    That until a floodway has been designated, no development, including landfill, may be permitted within Zones A1-30 and AE on the City’s FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the one hundred (100) year flood more than one foot (1’) on the average cross section of the reach in which the development or landfill is located as shown on the Flood Insurance Rate Study incorporated by reference; Section 4-803.

(Ord. 799)

(a)   All subdivision proposals and other proposed new developments, including manufactured home parks or subdivisions, shall be consistent with the need to minimize flood damage.

(b)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(c)   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(d)   Base flood elevation data shall be provided for subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivisions), which is greater than either fifty (50) lots or five (5) acres.

(Ord. 799)

In all areas of special flood hazards where base flood elevation data has been provided as set forth in Sections 4-803 or 4-810, (Zones A1-30, AE and AH) the following provisions are required:

(a)   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 three (3) feet above base flood elevation. HVAC and mechanicals to be protected or elevated to same level as lowest floor. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.

(b)   Non-residential Construction - New construction or substantial improvement of any commercial, industrial or other non-residential structures, including manufactured homes, shall either have the lowest floor, including basement, elevated a minimum of three (3) feet above base flood elevation or, together with attendant mechanicals, HVAC, utility, and sanitary facilities, be floodproofed a minimum of three (3) feet above base flood elevation with walls substantially impermeable to flooding. 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.

(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, for 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 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 minimum of two (2) openings having a total net area of not less than one square inch (1”) for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot (1’) 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.

(d)   Manufactured Homes

(1)   All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with state and local building codes and FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

(A)  over-the-top ties be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations and manufactured homes less than fifty feet (50’) long requiring one (1) additional tie per side;

(B)  frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes less than fifty feet (50’) long requiring four (4) additional ties per side;

(C)  all components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and

(D)  any additions to the manufactured home be similarly anchored.

(2)   Require that all manufactured homes to be placed within Zones A1-30, AH, and AE on the community’s FIRM, be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevations; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 4-814(d)(1).

(Ord. 799; Ord. 820)

(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)   If such use is discontinued for twenty-four (24) consecutive months, any future use of the building premises shall conform to this chapter. The Utility Department shall notify the City Clerk in writing of instances of non-conforming uses where utility services have been discontinued for a period of twenty-four (24) months.

(2)   Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non­ conforming uses.

(b)   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 market value of the structure before the damage occurred except that if 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.

(Ord. 799)