Title 18 - Unified Development Ordinance

 

18.360 Floodplain Management Ordinance

18.360.430 General Provisions

  1. A.
    Lands to Which Chapter Applies

    This Chapter shall apply to all lands within the jurisdiction of the City identified as the Special Flood Hazard Area which includes numbered and unnumbered A Zones, AE, AO, and AH Zones, on the Index Map dated August 3, 2009, of the Flood Insurance Rate Map (FIRM) as amended, and any future revisions thereto. All minimum elevation provisions provided under Section 18.360.450 shall also apply to properties which have been previously removed from the Special Flood Hazard Area by Letter of Map Revision based on Fill (LOMR-F). Some provisions of Section 18.360.440 C. also apply to areas formerly included in the Special Flood Hazard Area. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Floodplain Administrator or the duly designated representative under such safeguards and restrictions as the Governing Body or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the City, and as specifically noted in Section 18.360.450.

  2. B.
    Compliance

    No development located within the Special Flood Hazard Areas of the City shall be located, extended, converted, or structurally altered without full compliance with the terms of this Chapter and other applicable regulations.

  3. C.
    Abrogation and Greater Restrictions

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 All other ordinances inconsistent with this Chapter are hereby repealed to the extent of the inconsistency only.

  4. D.
    Interpretation

    In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements, shall be liberally construed in favor of the City, and shall not be deemed a limitation or repeal of any other powers granted by Kansas statutes.

  5. E.
    Warning and Disclaimer of Liability

    The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This Chapter shall not create a liability on the part of the City, any officer or employee thereof, for any flood damages that may result from reliance on this Chapter or any administrative decision lawfully made thereunder.

  6. F.
    Severability

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

(History: Ord. ZRR-3250 §5,2019; Ord. ZRR-2812 §9, 2009; ZRR-2450 §4, 2003)

Effective on: 1/1/1901