APPENDIX E – FLOODPLAIN MANAGEMENT
18-101. Findings of fact and purpose.
(A) Findings of Fact.
(a) the cumulative effect of obstructions in floodways causing increases in flood heights and velocities;
(b) the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others, which are inadequately elevated or otherwise unprotected from flood damages.
(a) Selection of a 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 reasonably characteristic of what can be expected to occur on the particular streams subject to this article. 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 Administration’s Flood Insurance Study, and illustrative materials dated July 16, 1980 with accompanying Flood Insurance Rate Maps and flood boundary and floodway maps effective January 16, 1981 as amended, and any future revisions thereto.
(b) Calculation of water surface profiles based on 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 the floodway encroachment lines within which no obstruction is permitted which would cause any increase in flood height.
(e) Delineation of the floodway fringe, e.g., that area outside the floodway encroachment lines but which still is subject to inundation by the regulatory flood.
(B) Statement of Purpose. It is the purpose of this article to promote the public health, safety, and general welfare and to minimize those losses previously described by applying the provisions of this article to:
18-102. Lands to which article applies
This article shall apply to all lands within the jurisdiction of Eudora, Kansas identified on the Flood Insurance Rate Map (FIRM) as numbered and unnumbered A Zones (including AE, AO and AH Zones) and within the Floodway (FW) Overlay District and a Floodway Fringe (FF) District established by this article. In all areas covered by this article no development shall be permitted except upon a permit to develop under such safeguards and restrictions as may reasonably be imposed for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in this article.
18-103. Establishment of zoning districts
The mapped flood plan areas within the jurisdiction of this article are hereby divided into the two following districts: a floodway overlay district (FW) and a floodway fringe overlay district (FF) identified in the Flood Insurance Study and accompanying map. Within these districts all uses not meeting the standards of this article and those standards of the underlying zoning district shall be prohibited. These zones shall be consistent with the numbered and unnumbered A Zones (including AE, AO and AH Zones) as identified on the official FIRM and identified in the Flood Insurance Study provided by the Federal Emergency Management Agency.
18-104. Standards for the floodway overlay district and the floodway fringe overlay district.
(A) No permit for development shall be granted for new construction, substantial improvements and other improvements including the placement and manufactured homes within all numbered and unnumbered A Zones (include AE, AO and AH Zones) unless the conditions of this sections 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 article. If Flood Insurance Study data is not available the Public Works Director shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from federal, state or other sources.
(C) New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of manufactured homes and other developments shall require:
(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 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.
(a) all such proposals are consistent with the need to minimize flood damage,
(b) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, 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 (including proposals for manufactured home parks and subdivisions) of five acres or 50 lots, whichever is lesser, include within such proposals the regulatory flood elevation.
18-105. Floodway fringe overlay district (Including AO and AH Zones).
(A) Permitted Uses.
(B) Standards for the Floodway Fringe Overly District
(a) All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with local building codes or 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:
(b) Require that all manufactured homes to be placed within Zones A 1-30, 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 elevation, and be securely anchored to an adequately anchored foundation system in accordance with the provisions of this section.
18-106. Floodway overlay district.
(A) Permitted Uses. 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 article. All encroachments, including fill, new construction, substantial improvements and other developments must be prohibited unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. No use shall increase the flood levels of the regulatory flood elevation. These uses are subject to the standards contained in Section 18-104 and Section 18-105 of this article. The following are recommended uses for the floodway overlay district.
18-107. Administration.
The administration of these regulations is vested in the Public Works Director. It is the responsibility of the Public Works Director to review all requests for flood plain development permits and to enforce the regulations in this section. Each permit request shall be reviewed in consideration of the following:
(A) Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this article 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) Notify adjacent communities and appropriate state agencies prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Emergency Management Agency.
(D) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.
(E) 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.
(F) 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.
(G) When flood-proofing is utilized for a particular structure the Public Works Director shall be presented certification from a registered professional engineer or architect.
18-108. Flood plain development permit.
No alteration, encroachment or substantial improvement may be made in, on, or over any land within areas designated as floodway or floodway fringe by this article and shown on the official flood plain district map without obtaining a flood plain development permit from the Public Works Director.
(A) Procedure. Application for a flood plain development permit shall be submitted by the property owner or his or her certified agent to the Public Works Director for review.
(B) Information Required. An application for a flood plain development permit shall be accompanied by the following:
(a) 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 altered by the proposed development and information on increases in water elevation.
(b) Plan (surface view) showing elevations or contours at an interval not greater than two feet; 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, existing land uses and vegetation upstream and downstream (shown by photographs), soil types and permeability, and other pertinent data.
(c) Profile showing the slope of the bottom of the channel or flow line of the stream.
18-109. Non-conforming uses and structures in the flood plain.
All non-conforming uses and structures within the floodway or floodway fringe shall be subject to the following requirements in addition to the provisions of the city zoning regulations.
(A) No non-conforming use or structure shall be altered, repaired or modified unless a permit is issued under this section.
(B) No permit for the alteration, repair or modification of a non-conforming use in the floodway fringe overlay district shall be issued unless such alteration, repair or modification includes flood-proofing measures to the base flood elevation. No permits shall be issued for alteration, repair or modification in the floodway.
(C) Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non-conforming uses.
(D) In passing on permit application for alteration, repair or modification, the city commission shall consider the following in determining the adequacy of the flood proofing measures:
(E) If a nonconforming use and/or structure in the floodplain is discontinued for six consecutive months, any future use of the building premises shall conform to this article.
18-110. Amendments.
The regulations, restrictions, and boundaries set forth in this section 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 that no such action may be taken until after appropriate notice and hearing in accordance with the zoning ordinance of the city and meeting the terms of K.S.A. 12-734. A copy of such amendments will be provided to the Federal Emergency Management Agency. The provisions of this article are in compliance with the national flood insurance program regulations.
18-111. Definitions.
Unless specifically defined below, or in the city zoning regulations, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application:
(A) Actuarial or Risk Premium Rates means 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.
(B) Area of Shallow Flooding means a designated AO or AH zone on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
(C) Area of Special Flood Hazard. The land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.
(D) Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year.
(E) 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.
(F) Existing Construction means (for the purposes of determining rates) structures for which the start of construction commenced before the effective date of the FIRM. Existing construction may also be referred to as existing structures.
(G) Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(H) 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.
(I) Flood Insurance Study is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.
(J) Flood Plain or Flood Prone Area. Land included within the floodway or floodway fringe as determined by the Federal Emergency Management Agency (F.E.M.A.).
(K) Flood-proof or Flood-proofing. Any combination of structural and non-structural additions, changes or adjustments to structure which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. For the purposes of this section, flood proofing shall be in accordance with the Flood-proofing Regulations established by the Corps of Engineers.
(L) Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation of more on the adjacent land than one foot.
(M) Floodway Fringe. An area of the flood plain, outside of the floodway that on the average is likely to be flooded once every 100 years (e.g., that has a one percent chance of flood occurrence in any one year).
(N) 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 floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.
(O) Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(P) Lowest Floor means 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 article.
(Q) Manufactured Home. For the purposes of this article, the term “manufactured home” shall have the meaning ascribed to it by the city, Kan., Code § 16-206(44) and any amendments thereto. However, in no instance, for the purposes of this article, shall the term “manufactured home” include a “recreational vehicle.”
(R) Manufactured Home Park. For the purposes of this article, the term “manufactured home park” shall have the meaning ascribed to it by the city, Kan., Code § 16-206(45) and any amendments thereto.
(S) Mean Sea Level. The average height of the sea for all stages of the tide.
(T) New Construction means, for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
(U) New Manufactured Home Park means a manufactured home park for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the city.
(V) Overlay District is a district in which additional requirements act in designation does not change.
(W) Recreational Vehicle means a vehicle which is:
(X) Start of Construction 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 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. 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.
(Y) 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.
(Z) Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damaged occurred.
(AA) 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 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:
18-112. Variances.
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 Public Works Director in the enforcement or administration of this article, the zoning regulations contain the procedure for filing an application for a variance.
(A) Standards. In addition to all other standards contained in this article or the zoning regulations, the board of zoning appeals shall consider the following factors in the granting of such standards.
(B) Conditions. Generally, variances may be issued by the board of zoning appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the following items have been fully considered. As the lot size increases beyond the one-half acre, the technical jurisdiction required for issuing the variance increases.
(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 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.
18-113. Flood plain warranty, enactment.
(A) Flood Plain District Warranty: Designation of. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside floodway or floodway fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damage. This article shall not create liability on the part of the city or any officer or employee thereof, for any flood damages that may result from reliance on this article or any administrative decision lawfully made thereunder.
(B) Rules for Interpretation of District Boundaries. The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances in the official zoning map or on the Flood Insurance Rate Map or Floodway Map. The regulatory flood elevation for the point in question shall be the governing factor in locating the district boundary on the land.
(C) Compliance. No development located within known flood hazard areas of this community shall be located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable regulations. The granting of a building permit for the erection, moving, altering or enlargement of any building or structure in the floodway overlay district and the floodway fringe overlay district shall not be permitted until a Flood Plain Development Permit has been granted and the conditions of this article have been met.
(D) Interpretation. In their interpretation and application, the provisions of this article 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.
(E) Enactment. It is not intended by this article to repeal, abrogate or impair any existent easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provision of this article shall prevail.