(a)   Statutory authorization.

(1)   Approval of draft article by Kansas Chief Engineer prior to adoption. The following floodplain management regulations, as written, were approved in draft form by the Chief Engineer of the Division of Water Resources of the Kansas Department of Agriculture on December 28, 2005.

(2)   Kansas statutory authorization. The Legislature of the State of Kansas has in K.S.A. 12-741 et seq., and specifically in K.S.A. 12-766, delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare. Therefore, the Governing body of Iola, Kansas, ordains as follows:

(b)   Findings of fact.

(1)   Flood losses resulting from periodic inundation. The special flood hazard areas of Iola, Kansas, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare.

(2)   General causes of the flood losses. These flood losses are caused by (1) the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.

(3)   Methods used to analyze flood hazards. The Flood Insurance Study (FIS) that is the basis of this article uses a standard engineering method of analyzing flood hazards, which consist of a series of interrelated steps.

(A)  Selection of a base flood that 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 base flood selected for this article is representative of large floods, which are 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 Administrator’s FIS, and illustrative materials dated July 18, 2011, as amended, and any future revisions thereto.

(B)  Calculation of water surface profiles that are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.

(C)  Computation of a floodway required to convey this flood without increasing flood heights more than one foot at any point.

(D)  Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.

(E)   Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.

(c)   Statement of purpose. It is the purpose of this article to promote the public health, safety, and general welfare; to minimize those losses described in subsection (b)(1), Flood losses resulting from periodic inundation; to establish or maintain the community’s eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) and K.A.R. 5-44-4 by applying the provisions of this article to:

(1)   Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities;

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

(3)   Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.

(Ord. 3393, § 1, 4-4-11; Code 2016, Sec. 106-146)

(a)   Lands to which article applies. This article shall apply to all lands within the jurisdiction of Iola, Kansas identified as numbered and unnumbered A zones, AE, AO, and AH zones, on the index map dated July 18, 2011, of the flood insurance rate map (FIRM) and any future revisions thereto. In all areas covered by the article, no development shall be permitted except thereto. In all areas covered by this article, no development shall be permitted except through the issuance of a floodplain development permit, granted by the governing body or its 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 community, and as specifically noted in section 16-1104 “Provisions for flood hazard reduction.”

(b)   Compliance. No development located within the special 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.

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

(d)   Interpretation. In their interpretation and application, the provisions of this article shall be held to be minimum requirements, 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 Kansas statutes.

(e)   Warning and disclaimer of liability. 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 man- made or natural causes, such as ice jams and bridge openings restricted by debris. This article 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 article 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 article or any administrative decision lawfully made there under.

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

(Ord. 3393, § 1, 4-4-11; Code 2016, Sec. 106-147)

(a)   Floodplain development permit. A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in section 16-1102(a), Lands to which article applies. No person, firm, corporation, or unit of government shall initiate any development or substantial-improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.

(b)   Designation of floodplain administrator. The planning director is hereby appointed to administer and implement the provisions of this article.

(c)   Duties and responsibility of floodplain administrator. Duties of the floodplain administrator shall include, but not be limited to:

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

(2)   Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required by federal, state, or local law;

(3)   Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;

(4)   Issue floodplain development permits for all approved applications;

(5)   Notify adjacent communities and the Division of Water Resources, Kansas Department of Agriculture, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

(6)   Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse; and

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

(8)   Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed;

(9)   When floodproofing techniques are utilized for a particular non-residential structure, the floodplain administrator shall require certification from a registered professional engineer or architect.

(d)   Application for floodplain development permit. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:

(1)   Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;

(2)   Identify and describe the work to be covered by the floodplain development permit;

(3)   Indicate the use or occupancy for which the proposed work is intended;

(4)   Indicate the assessed value of the structure and the fair market value of the improvement;

(5)   Specify whether development is located in designated flood fringe or floodway;

(6)   Identify the existing base flood elevation and the elevation of the proposed development;

(7)   Give such other information as reasonably may be required by the floodplain administrator;

(8)   Be accompanied by plans and specifications for proposed construction; and

(9)   Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.

(Code 2016, Sec. 106-148)

(a)   General standards.

(1)   No permit for floodplain development shall be granted for new construction, substantial- improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A zones, AE, AO, and AH zones, unless the conditions of this section are satisfied.

(2)   All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100- year flood; however, the base flood elevation is not provided. Development within unnumbered A zones is subject to all provisions of this article. If flood insurance study data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources.

(3)   Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any unnumbered or numbered A zones, or AE zones on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(4)   All new construction, subdivision proposals, substantial-improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:

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

(B)  Construction with materials resistant to flood damage;

(C)  Utilization of methods and practices that minimize flood damages;

(D)  All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(E)   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 contamination; and

(F)   Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:

(i)    All such proposals are consistent with the need to minimize flood damage;

(ii)   All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;

(iii)  Adequate drainage is provided so as to reduce exposure to flood hazards; and

(iv)  All proposals for development, including proposals for manufactured home parks and subdivisions, of five acres or 50 lots, whichever is lesser, include within such proposals base flood elevation data.

(5)   Storage, material, and equipment.

(A)  The storage or processing of materials within the special flood hazard area 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, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.

(b)   Specific Standards. In all areas identified as numbered and unnumbered A zones, AE and AH Zones, where base flood elevation data have been provided, as set forth in subsection (a) (2). Provisions for flood hazard reduction, the following provisions are required.

(1)   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 one foot above base flood elevation. All mechanical and heating ventilation equipment to be elevated to the same level of one (1) foot above the base flood elevation. The elevation of the lowest floor shall be certified by a licensed land surveyor.

(2)   Non-residential construction. New construction or substantial-improvement of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation the structure is watertight 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. All mechanical and heating ventilation equipment to be elevated to the same level of one (1) foot above the base flood elevation. 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. Such certification shall be provided to the floodplain administrator.

(3)   Require, for all new construction and substantial-improvements that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or 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 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)  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; and

(B)  The bottom of all opening 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.

(c)   Manufactured homes.

(1)   All manufactured homes to be placed within all unnumbered and numbered A zones, AE, and AH zones, on the community’s FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

(2)   Require manufactured homes that are placed or substantially improved within unnumbered or numbered A zones, AE, and AH zones, on the community’s FIRM on sites:

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

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

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

(D)  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 elevated a minimum of one foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. The elevation of the lowest floor shall be certified by a licensed land surveyor.

(3)   Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A zones, AE and AH zones, on the community’s FIRM, that are not subject to the provisions of subsection (c)(2), Provisions for flood hazard reduction, manufactured homes, be elevated so that either:

(A)  The lowest floor of the manufactured home is a minimum of one foot above the base flood level; 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 attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. The elevation of the lowest floor shall be certified by a licensed land surveyor.

(d)   Areas of shallow flooding (AO and AH zones). Located within the areas of special flood hazard as described in section 16-1102(a), Lands to which article applies, 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. The following provisions apply:

(1)   AO zones.

(A)  All new construction and substantial-improvements of residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as 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 any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community FIRM (at least two feet if no depth number is specified) or together with attendant utilities and sanitary facilities be completely floodproofed to that so that the structure is watertight 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.

(C)  Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.

(2)   AH zones.

(A)  The specific standards for all areas of special flood hazard where base flood elevation has been provided shall be required as set forth in section 16-1104(b), Specific standards.

(B)  Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.

(e)   Floodway. Located within areas of special flood hazard established in section 16-1102(a), Lands to which article applies, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:

(1)   The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point.

(2)   The community shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(3)   If section 16-1104(e)(2), Provisions for flood hazard reduction, floodway, is satisfied, all new construction and substantial-improvements shall comply with all applicable flood hazard reduction provisions of section 16-1104, Provisions for flood hazard reduction.

(4)   In unnumbered A zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources as set forth in section 16-1104(a)(2), Provisions for flood hazard reduction, general standards.

(f)    Recreational vehicles. Recreational vehicles placed on sites within all unnumbered and numbered A zones, AE, AH, and AO zones on the community’s FIRM shall either:

(1)   Be on the site for fewer than 180 consecutive days, or

(2)   Be fully licensed and ready for highway use*; or

(3)   Meet the permitting, elevation, and anchoring requirements for manufactured homes of this article.

* A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.

(Code 2016, Sec. 106-149; Ord. 3498)

(a)   Establishment of appeal board. The board of zoning appeals, referred to as the appeal board, as established by the city shall hear and decide appeals and requests for variances from the floodplain management requirements of this Unified Development Code.

(b)   Responsibility of appeal board. 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 appeal board, as defined in section 16-1105, Floodplain management variance procedures.

The appeal board 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 article.

(c)   Further appeals. Any person aggrieved by the decision of the appeal board or any taxpayer may appeal such decision to the District Court as provided in K.S.A. 12-759 and 12-760.

(d)   Floodplain management variance criteria. In passing upon such applications for variances, the appeal board shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this article, and the following criteria:

(1)   Danger to life and property due to flood damage;

(2)   Danger that materials may be swept onto other lands to the injury of others;

(3)   Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)   Importance of the services provided by the proposed facility to the community;

(5)   Necessity to the facility of a waterfront location, where applicable;

(6)   Availability of alternative locations, not subject to flood damage, for the proposed use;

(7)   Compatibility of the proposed use with existing and anticipated development;

(8)   Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)   Safety of access to the property in times of flood for ordinary and emergency vehicles;

(10) Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and,

(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.

(e)   Conditions for approving floodplain management variances.

(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, provided items 2 through 6 below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification 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, the state Inventory of Historic Places, or local inventory of historic places upon determination, provide the proposed activity will not preclude the structure’s continued historic designation.

(3)   Variances shall not be issued within any designated floodway if any significant increase in flood discharge would result.

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

(5)   Variances shall only be issued upon: (a) showing of good and sufficient cause, (b) determination that failure to grant the variance would result in exceptional hardship to the applicant, and (c) 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.

(6)   A community shall notify the applicant in writing over the signature of a community official that:

(a)   the issuance of a 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 (b) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this article.

(Code 2016, Sec. 106-150)

Penalties and civic remedies for violations to this article shall be as set forth in article XIII, Violations and Enforcement.

(Code 2016, Sec. 106-151)

The regulations, restrictions, and 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, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. At least 20 days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the FEMA Region VII office. The regulations of this article are in compliance with the NFIP regulations.

(Code 2016, Sec. 106-152)