Title 18 - Unified Development Ordinance

 

18.360 Floodplain Management Ordinance

18.360.470 Floodplain Management Variance Procedures

  1. A.
    Establishment of Appeal Board

    The Board of Zoning Appeals as established by the City shall hear and decide appeals and requests for  floodplain variances from the requirements of this Chapter..  All requests for appeals and floodplain variances shall follow the procedures established in Chapter 18.140.

  2. B.
    Responsibility of Board of Zoning Appeals

    Where an application for a floodplain development permit is denied by the Floodplain Administrator, the applicant may apply for such floodplain development permit directly to the Board of Zoning Appeals. 

    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 Floodplain Administrator in the enforcement or administration of this Chapter.

  3. C.
    Further Appeals

    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.

  4. D.
    Floodplain Variances for Historic Places

    Floodplain variances may be issued for the reconstruction, repair, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without strict adherence to the criteria and conditions set forth in Subsections F and G, and the floodplain variance is the minimum necessary to preserve the historic character and design of the structure.

  5. E.
    Floodplain Management For Accessory Structures

Any floodplain variance granted for an accessory structure shall be decided individually based on a case by case analysis of the buil­ding's unique circumstances. Floodplain variances granted shall meet the following conditions as well as those criteria and conditions set forth in Sections 18.360.470.F and 18.360.470.G of this Chapter. In order to minimize flood damages during the one percent annual chance flood event, also referred to as the 100-year flood, and the threat to public health and safety, the following conditions shall be included for any floodplain variance issued for accessory struc­tures that are constructed at-grade and wet-floodproofed:

    1. 1.
      Use of the accessory structures must be solely for parking and limited storage purpos­es in zone A only as identified on the com­munity's Flood Insurance Rate Map (FIRM).
    2. 2.
      For any new or substantially damaged accessory structures, the exteri­or and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with Section 18.360.450 B.
    3. 3.
      The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Section 18.360.450 A.8. All of the building's structural components must be capable of resisting specific flood-related forces including hydro­static, buoyancy, and hydrodynamic and debris impact forces.
    4. 4.
      Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 18.360.450 A.8.d.
    5. 5.
      The accessory structures must meet all NFIP opening require­ments. The NFIP requires that enclosure or founda­tion walls, subject to the one percent annual chance flood event, also referred to as the 100-year flood, contain openings that will permit the automatic entry and exit of flood waters in accordance with Section 18.360.450 B.3.
    6. 6.
      The accessory structures must comply with the floodplain management floodway encroachment provisions of Section 18.360.450 E.2. No varianc­es may be issued for accesso­ry struc­tures within any designated floodway, if any in­crease in flood levels would result during the 100-year flood. Further, construction of accessory structures in the floodway are restricted in accordance with Section 18.360.460 A.
    7. 7.
      Equipment, machinery, or other contents must be pro­tected from any flood damage.
    8. 8.
      No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or resto­ration costs of the accessory structures.
    9. 9.
      The City shall notify the applicant in writing over the signature of a City official that: (1) the issuance of a floodplain variance to construct a structure below base flood level 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 level increases risks to life and property. Such notification shall be maintained with the record of all floodplain variance actions as required by this Chapter.
    10. 10.
      Wet-floodproofing construction techniques must be reviewed and approved by the City and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
  1. F.
    Floodplain Variance Criteria

The floodplain variance criteria set forth in this Section are based on the general principles applicable to zoning variances set forth in Section 18.140.350, together with other considerations that pertain to the special nature of a floodplain variance from flood control regulations designed to help protect the citizens of the City from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the base flood elevation are so serious that floodplain variances from the flood elevation or from other requirements of this Chapter should be quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if floodplain variances are strictly limited. Therefore, the floodplain variance guidelines provided in this Chapter are more detailed and contain multiple specific provisions that must be met before a floodplain variance can be properly granted (conditions) and other circumstances that must be evaluated and weighed and balanced in considering whether to grant a floodplain variance (criteria). The conditions and criteria established in this Chapter are designed to screen out those situations in which alternatives other than a floodplain variance are more appropriate. In addition to the conditions established in Section 18.140.350, the Board of Zoning Appeals shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this Chapter, the UDO or the Overland Park Municipal Code, including the following criteria and the additional conditions set forth in subsection G below:

    1. 1.
      Danger to life and property due to flood damage;
    2. 2.
      Danger that materials may be swept onto other lands to the injury of others;
    3. 3.
      Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
    4. 4.
      Importance of the services provided by the proposed facility to the City;
    5. 5.
      Necessity to the facility of a waterfront location, where applicable;
    6. 6.
      Availability of alternative locations, not subject to flood damage, for the proposed use;
    7. 7.
      Compatibility of the proposed use with existing and anticipated development;
    8. 8.
      Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
    9. 9.
      Safety of access to the property in times of flood for ordinary and emergency vehicles;
    10. 10.
      Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and
    11. 11.
      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; streets, and bridges.
  1.  
  2. G.
    Conditions for Approving Floodplain Management Variances
    1. 1.
      Generally, floodplain 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 Elevation, providing items G2.-G6. below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the floodplain variance increases.
    2. 2.
      Floodplain 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. 3.
      Floodplain variances shall not be issued within any designated floodway if any significant increase in flood discharge would result.
    4. 4.
      Floodplain variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
    5. 5.
      Floodplain variances shall only be issued upon: (a) showing of good and sufficient cause; (b) determination that failure to grant the floodplain variance would result in exceptional hardship to the applicant; and (c) determination that the granting of a floodplain 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. 6.
      The City shall notify the applicant in writing over the signature of a City official that: (a) the issuance of a floodplain 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 (b) such construction below the Base Flood Elevation increases risks to life and property. Such notification shall be maintained with the record of all floodplain variance actions as required by this Chapter.
    7. 7.
      Upon consideration of the factors listed above and the purposes of this Chapter, the Board of Zoning Appeals may attach such conditions to the granting of floodplain variances as it deems necessary to further the purpose of this Chapter.
    8. 8.
      A floodplain variance granted by the Board of Zoning Appeals or City for regulations in this Chapter does not apply to flood insurance requirements which remain in place for any varied use or structure and cannot be varied by the City.

(History: Ord. ZRR-3250 §9, 2019  Ord. ZRR-2812 §13, 2009; ZRR-2450 §8, 2003)

Effective on: 1/1/1901