It is the purpose of this article to promote the public health, safety and general welfare and to minimize flood losses by applying the provisions of this article to:

(a)   Restrict or prohibit uses which are dangerous to health, safety or property in times of flooding or cause undue increase in flood heights or velocities;

(b)   Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction;

(c)   Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard; and

(d)   Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program.

(Prior Code § 18-501; Ord. 694)

Unless specifically defined below, words or phrases used in this article 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. 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)   Appeal. A request for a review of the City Manager’s interpretation of any provision of this article or a request for a variance.

(c)   Area Of Shallow Flooding. A designated AO or AH zone on a community’s Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel in unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

(d)   Area Of Special Flood Hazard. The land in the floodplain within a community subject to 1 % or greater chance of flooding in any given year.

(e)   Base Flood. The flood having 1 % chance of being equaled or exceeded in any given year.

(f)   Development. Any human-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.

(g)   Existing Construction. For purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before 1-1-1975, for FIRMs effective before that date. EXISTING CONSTRUCTION may also be referred to as EXISTING STRUCTURES.

(h)   Existing Manufactured Home Park Or Subdivision. A manufactured home park or subdivision 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 complete before the effective date of the floodplain management regulations adopted by a community.

(i)    Flood Or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)   The overflow of inland or tidal waters; and

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

(j)    Flood Insurance Rate Map (Firm). 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.

(k)   Flood Insurance Study. 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.

(l)    Floodway Or Regulatory 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 more than one foot.

(m)  Floodway Fringe. The area of the floodplain, outside of the floodway, that on the average is likely to be flooded once every 100 years (i.e., that has a 1 % chance of flood occurrence in any one year).

(n)   Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of floodplain 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. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(p)   Historic Structure. 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 the Interior; or

(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; or

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

(q)   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 requirement of this article.

(r)    Manufactured Home. 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 floodplain 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 purposes, the term MANUFACTURED HOME does not include park trailers, travel trailers and other similar vehicles.

(s)   Manufactured Home Park Or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

(t)    New Construction. For the purpose of determining insurance rates, structures for which the start of construction or substantial improvement commenced on or after the initial FIRM or after 12-31-1974, 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)   Overlay District. A district in which additional requirements act in conjunction with the underlying zoning district(s). The original zoning district designation does not change.

(v)   Start Of Construction. For other than new construction or substantial in1provements under the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.), 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 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.

(w)  Structure. A walled and roofed building that is principally above ground, as well as a mobile home, and a gas or liquid storage tank that is principally above ground.

(x)   Substantial Damage. 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 % of the market value of the structure before the damage occurred.

(y)   Substantial Improvement.

(1)   Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 % of the market value of the structure either:

(A)  Before the improvement or repair is started; or

(B)  If the structure has been damaged and is being restored, before the damage occurred.

(2)   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:

(A)  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

(B)  Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

(z)   Variance. A grant of relief to a person from the requirements of this article which permits construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship.

(Prior Code § 18-502; Ord. 694)

This article shall apply to all lands within the jurisdiction of the city limits identified on the Flood Insurance Rate Map (FIRM) as numbered and unnumbered A Zones (including AE, AO and AH Zones) and within the Zoning Districts FW and FF established in section 16-315 of this article. In all areas covered by th.is article, 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 restriction and the City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in sections 16-516, 16-517 and 16-519 of this article.

(Prior Code § 18-503; Ord. 694)

The City Manager of the community is hereby designated enforcement officer under this article.

(Prior Code § 18-503; Ord. 694)

The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances and the official zoning map or on the Flood Insurance Rate Map or Floodway Map. Where interpretation is needed to 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 Officer 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 on 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 their case to the Board and to submit their own technical evidence, if they desire.

(Prior Code § 18-503; Ord. 694)

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.

(Prior Code § 18-503; Ord. 694)

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this article and other applicable regulations.

(Prior Code § 18-503; Ord. 694)

It is not intended by this article to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article imposes the greater restrictions, the provision of this article shall prevail. All other articles inconsistent with this article are hereby repealed to the extent of the inconsistency only.

(Prior Code § 18-503; Ord. 694)

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 under state statutes.

(Prior Code § 18-503; Ord. 694)

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 height may be increased by human-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside floodway and floodway fringe district boundaries or land uses permitted within such will be free from flooding or flood damages. 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.

(Prior Code § 18-503; Ord. 694)

(a)   Where a request for a permit to develop or a variance is denied by the City Manager the applicant may apply for such permit or variance directly to the Board of Zoning Appeals.

(b)   Violation of the provisions of this article 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 violation of this code. Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(c)   Nothing herein contained shall prevent the city or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

(Prior Code § 18-503; Ord. 694)

(a)   A development permit shall be obtained before construction or development begins within any area of special flood hazard established in section 16-318 of this article. 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 by section 16-312 of this article. To obtain a floodplain development permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose.

(b)   Every such application shall:

(1)   Identify and describe the work to be covered by the floodplain development 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 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 their authorized agent who may be required to submit evidence to indicate such authority; and

(6)   Give such other information as reasonably may be required by the City Manager (i.e., require a statement from the applicant that they are aware that elevating or flood-proofing structures above the minimum levels will result in premium reduction, especially in the case of non-residential flood-proofing when a minus one foot penalty is assessed at the time of rating the structure for the policy premium).

(Prior Code § 18-504; Ord. 694)

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

(b)   Duties of the City Manager shall include, but not be limited to:

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

(2)   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;

(3)   When base flood elevation data has not been provided in accordance herewith, then the City Manager shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions hereof;

(4)   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;

(5)   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;

(6)   When flood-proofing is utilized for a particular structure the City Manager shall obtain certificate from a registered professional engineer or architect;

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

(8)   Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished; and

(9)   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 City Manager 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 article.

(Prior Code § 18-504; Ord. 694)

(a)   The Board of Zoning Appeals as established by the city shall hear and decide appeals and requests for variances from the requirements of this article.

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

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

(d)   In passing upon such applications, the Board of Zoning Appeals 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 of 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 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 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)  

(1)   Generally, variances may be issued 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, subsections (e)(2) through (e)(6) below have been fully considered. As the lot size increases beyond the one-half 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 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 determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5)   Variances shall only be issued upon:

(A)  A showing of good and sufficient case;

(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, codes or ordinances.

(6)   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.

(Prior Code § 18-504; Ord. 694)

The mapped floodplain 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.

(Prior Code § 18-505; Ord. 694)

(a)   No permit for development shall be granted for new construction, substantial improvements and other improvements, including the placement of manufactured homes within all numbered and unnumbered A Zones (including AE, AO and AH 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 article. If Flood Insurance Study data is not available, the community shall 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:

(1)   Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2)   New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contan1ination;

(3)   Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and 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;

(4)   All utility and sanitary facilities be elevated or flood-proofed up to the regulatory flood protection elevation;

(5)   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 application 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 100-year flood more than one foot 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;

(6)   Storage and 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 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.

(7)   Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, be required to assure that:

(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.

(Prior Code § 18-506; Ord. 694)

(a)   Permitted uses. Any use permitted in section 16-319 of this article shall be permitted in the Floodway Fringe Overlay District. No use shall be permitted in the district unless the standards of section 16-316 of this article are met.

(b)   Standards for the Floodway Fringe Overlay District.

(1)   Require new construction or substantial improvements of residential structures to have the lowest floor, including basement, elevated to or above one foot above the base flood elevation;

(2)   Require new construction or substantial improvements of non-residential structures to have the lowest floor, including basement, elevated to or above one foot above the base flood elevation or, together with attendant utility and sanitary facilities, to be flood-proofed so that below such a level the structure is water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection (b)(2) are satisfied. Such certification shall be provided to the official as set forth in section 16-314 of this article;

(3)   Require for all new construction and substantial improvements that 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 of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 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. 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 flood waters;

(4)   Within AH Zones, adequate drainage paths around structures on slopes shall be required in order to guide flood waters around and away from proposed structures; and

(5)   Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AB on the community’s FIRM that are not subject to the provisions of section 16-320(b) of this article be elevated so that either:

(A)  The lowest floor of the manufactured home is at or above one foot 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 in accordance with the provisions of section 16-320(a) of this article.

(Prior Code § 18-507; Ord. 694)

Located within the areas of special flood hazard 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; therefore, the following provisions apply within AO Zones:

(a)   All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot 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 non-residential structures shall:

(1)   Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot the depth number specified in feet on the community’s FIRM (at least two feet if no depth number is specified); or

(2)   Together with attendant utility and sanitary facilities be completely flood-proofed to or above that level so that any space below that level is watertight with walls substantial impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Such certification shall be provided to the officials set forth herein.

(c)   Adequate drainage paths structures on slopes shall be required in order to guide flood waters around and away from proposed structures.

(Prior Code § 18-508; Ord. 694)

(a)   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. 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 of section 16-316 and 16-317 of this article.

(b)   The following are recommended uses for the Floodway District:

(1)   Agricultural uses such as general farming, pasture, nurseries, forestry;

(2)   Residential uses such as lawns, gardens, parking and play areas;

(3)   Non-residential areas such as loading areas, parking, airport landing strips;

(4)   Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves; and

(5)   In Zone A unnumbered, obtain, review and reasonably utilize any floodway data available through federal, state or other sources or section 16-316(c)(7) of this article, in meeting the standards of this section.

(Prior Code § 18-509; Ord. 694)

(a)   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:

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

(2)   Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and manufactured homes less than 50 feet long requiring four additional ties per side;

(3)   All components of the anchoring system be capable of carrying a force of 4,800 pounds; and

(4)   Any additions to the manufactured home shall be similarly anchored.

(b)   Require that all manufactured homes to be placed within Zones Al-30, AH and AE on the community’s FIRM:

(1)   Outside of a manufactured home park or subdivision;

(2)   In a new manufactured home park or subdivision;

(3)   In an expansion to an existing manufactured home park or subdivision; or

(4)   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 at or above one foot the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (a) above.

(c)   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 16-315(c)(4)(A) of this article.

(Prior Code § 18-510; Ord. 668; Ord. 694)

(a)   A structure or the use of a structure or premises which was lawful before the passage or amendment of Ord. 694, but which is not in conformity with the provisions of this code 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 non-conformity.

(2)   If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this article. The Utility Department shall notify the City Manager in writing of instances of non-conforming uses where utility services have been discontinued for a period of 12 months.

(3)   Uses or adjunct 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 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 article. 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.

(Prior Code § 18-511; Ord. 668; Ord. 694)

(a)   The regulations, restrictions, boundaries set forth in this article 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 (42 U.S.C. 4001 et seq.); 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 20 days’ notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city.

(b)   A copy of such amendments will be provided to the Federal Emergency Management Agency. The regulations of this article are in compliance with the National Flood Insurance Program Regulations as published in 44 C.F.R. § 59.1 et seq.

(Prior Code § 18-512; Ord. 694)