CHAPTER XVI. ZONING AND PLANNING
Article 1. City Planning Commission/
Board of Zoning Appeals
Article 2. Zoning Regulations
Article 3. Subdivision Regulations
Article 4. Floodway and Floodway Fringe Districts
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ARTICLE 1. CITY PLANNING COMMISSION/
BOARD OF ZONING APPEALS
16-101. COMMISSION RE-ESTABLISHMENT. There is hereby re-established the Kingman City Planning Commission which is composed
of seven members of which five members shall be residents of the city and two members shall reside outside the city, but within the designated
planning area of the city which is within at least three miles of the corporate limits of the city. The planning commission was originally created
by Ordinance No. 719 which was passed and approved on June 14, 1940. (Code 1996, 7.25.010; Code 2010)
16-102. MEMBERSHIP, TERMS, INTEREST AND COMPENSATION. The members of the planning commission shall be appointed by the
mayor with the consent of the governing body at the first regular meeting of the governing body in May of each year and take office at the next
regular meeting of the commission. All members shall be appointed for staggered terms of three years each. The appointments shall be so
made that the terms of office of the members residing outside of the corporate limits of the city do not expire within the same year. By the
re-establishment of the commission, all current members continue to serve their present terms of office. In case of death, incapacity,
resignation or disqualification of any member, appointment to such a vacancy on the commission shall be made of the unexpired term of the
member leaving the membership. Should any member have a conflict of interest, either directly or indirectly, in any matter coming before the
commission, he or she shall be disqualified to discuss or vote on the matter. The governing body may adopt rules and regulations providing for
removal of members of the commission. Members of the commission shall serve without compensation, but may be reimbursed for expenses
actually incurred in the performance of their duties as deemed desirable by the governing body. (Code 1996, 2.25.020; Code 2010)
16-103. MEETINGS, OFFICERS AND RECORDS. The members of the planning commission shall meet at such time and place as may be
fixed in the commission's bylaws. The commission shall elect one member as chairperson and one member as vice-chairperson who shall serve
one year and until their successors have been elected. A secretary shall also be elected who may or may not be a member of the commission.
Special meetings may be called at any time by the chairperson or in the chairperson's absence by the vice-chairperson. The commission shall
adopt bylaws for the transaction of business and hearing procedures. All actions by the commission shall be taken by a majority vote of the
entire membership of the commission; except that, a majority of the members present and voting at the hearing shall be required to
recommend approval or denial of an amendment to the zoning regulations, a rezoning amendment or a special use permit. A proper record of all
the proceedings of the commission shall be kept. The commission, from time to time, may establish subcommittees, advisory committees or
technical committees to advise or assist in the activities of the commission. (Code 1996, 7.25.030; Code 2010)
16-104. POWERS AND DUTIES. The governing body and planning commission shall have all the rights, powers and duties as authorized in
K.S.A. 12-741 et seq., and amendments thereto, which are hereby incorporated by reference as part of this section and shall be given full force
and effect as if the same had been fully set forth. The commission is hereby authorized to make or cause to be made, adopted and maintained a
comprehensive plan for the city and any unincorporated territory lying outside of the city but within Kingman County in which the city is
located, which in the opinion of the commission forms the total community of which the city is a part. The commission shall also cause to be
prepared, adopted and maintained zoning and subdivision regulations on all land within the jurisdiction designated by the governing body. The
comprehensive plan and zoning and subdivision regulations are subject to final approval of the governing body by ordinance. Periodically, the
governing body may request the commission to undertake other assignments related to planning and land use regulations. (Code 1996,
2.25.040; Code 2010)
16-105. BOARD OF ZONING APPEALS. The planning commission is hereby designated to also serve as the city's board of zoning appeals
with all the powers and duties as provided for in K.S.A. 12-759. The board shall adopt rules in the form of bylaws for its operation which shall
include hearing procedures. Such bylaws shall be subject to the approval of the governing body. Public records shall be kept of all official
actions of the board which shall be maintained separately from those of the commission. The board shall keep minutes of its proceedings
showing evidence presented findings of fact, decisions and the vote upon each question or appeal. A majority of the members of the board
present and voting at the hearing shall be required to decide any appeal. Subject to subsequent approval of the governing body, the board shall
establish a scale of reasonable fees to be paid in advance by the appealing party. The present membership of the board of zoning appeals shall
be disbanded effective March 2, 1993. (Code 2010)
16-106. BUDGET. The governing body shall approve a budget for the planning commission and make such allowances to the commission as it
deems proper, including funds for the employment of such employees or consultants as the governing body may authorize and provide, and
shall add the same to the general budget. Prior to the time that moneys are available under the budget, the governing body may appropriate
moneys for such purposes from the general fund. The governing body may enter into such contracts as it deems necessary and may receive
and expend funds and moneys from the state or federal government or from any other resource for such purposes. (Code 1996, 2.25.050; Code
2010)
16-107. COMPREHENSIVE PLAN.
(a) The Comprehensive Development Plan for the Kingman Area Kansas: 2000-2010 dated November 14, 2001 as adopted by the Kingman
City Planning Commission which is certified and on file in the City Clerk's office, is hereby approved as the official comprehensive plan for the
City of Kingman.
(b) Distribution. An attested copy of the Plan document shall be sent to all other taxing subdivisions in the Planning Area which request a copy
as required by K.S.A. 12-747(c).
(c) Annual Review. At least once a year. the Planning Commission shall review or reconsider the Plan or any part thereof and may propose
amendments, extensions or additions which shall be adopted in the same manner as the original comprehensive plan as required by K.S.A.
12-747(d). (Ord. 1833; Code 2010)
ARTICLE 2. ZONING REGULATIONS
16-201. ZONING REGULATIONS INCORPORATED.
(a) Adoption. Zoning regulations are hereby approved and adopted by the Governing Body of the City of Kingman, Kansas, as prepared and
published in book form as model regulations by the Kingman City Planning Commission with the technical assistance of the City Manager, ,
and the City Zoning Administrator under the date of October 8, 2009 and entitled "Zoning Regulations of the City of Kingman, Kansas and its
Zoning Jurisdiction outside the city limits" and the same are hereby incorporated by reference as fully as if set out herein except for the
following modification by deleting Section 1-103 and adding the replacement wording as follows:
(1) Jurisdiction. These regulations shall apply to all buildings, structures and land within the corporate limits of the City of Kingman, Kansas,
as presently exist or are hereafter established by annexation.
(b) Official Map. There are further herein incorporated by reference and adopted an Official Zoning Map delineating the boundaries of zoning
districts and the classification of such districts, which map shall be marked "Official copy of zoning district map incorporated into zoning
regulations by adoption of Ordinance No. 1937 by the Governing Body of the City of Kingman on the 25th day of March, 2010" and filed with
the Zoning Administrator to be open for inspection and available to the public at all reasonable business hours.
(c) Public Hearing. The advertised public hearing required by Kansas law was duly held on October 5, 2009 by the Kingman City Planning
Commission, and a discussion of said Zoning Regulations and map was had at the hearing; and the Zoning Regulations and map in model code
form herein adopted are a true and correct copy of those regulations as adopted by the Planning Commission except for the modification in
subsection (a) above to the zoning jurisdiction.
(d) Jurisdiction. From the effective date of this Ordinance, the Zoning Regulations and Official Zoning Map herein incorporated by reference
shall govern all use of the land and the location of buildings and other structures placed within the City of Kingman, Kansas.
(e) Official Copies. Not less than three copies of the Zoning Regulations in book form marked "Official Copy as incorporated by Ordinance
No. 1930" and to which there shall be a published copy of this Ordinance attached, shall be filed with the City Clerk to be open for inspection
and available to the public at all reasonable business hours. Ordinance 1938 amended the regulations by adding Section 28A (Communication
Towers) to the zoning regulations.
(f) Invalidity of a Part. Any provisions of this Article which shall be declared by a competent court to be unconstitutional or invalid shall not
affect the validity and authority of any other sections of said Article. (Ord. 1930; Code 2010)
ARTICLE 3. SUBDIVISION REGULATIONS
16-301. REGULATIONS INCORPORATED.
(a) Adoption. Subdivision Regulations are hereby approved and adopted by the Governing Body of the City of Kingman, Kansas, as prepared
and published in book form as model regulations by the Kingman City Planning Commission with the technical assistance of Foster &
Associates, Planning Consultants of Wichita, Kansas, and the City Subdivision Administrator under the date of November 14, 2001, and
entitled, 'Subdivision Regulations of the City of Kingman, Kansas",, and the same are hereby incorporated by reference as fully as if set out
herein except for the following modification by deleting Section 1-103 and adding the replacement wording as follows:
(1) Jurisdiction. These regulations shall apply to all subdivisions of land and vacation of rights-of-way, easements and other public
reservations within the corporate limits of the City of Kingman as presently exists or are hereinafter established by annexation.
All such land is included in the Planning Area for the Comprehensive Development Plan for the Kingman Area which has been adopted by the
Planning Commission and approved by the Governing Body.
(b) Public Hearing. The public hearing required by Kansas law was duly held on November 14, 2001 by the Kingman City Planning
Commission, and a discussion of said Subdivision Regulations was had at said meeting; and that the Subdivision Regulations in model code
form herein adopted are a true and correct copy of those regulations as adopted by the Planning Commission except for the modification in
subsection (a) above to the subdivision jurisdiction.
(c) Jurisdiction. From the effective date of this Ordinance, the Subdivision Regulations herein incorporated by reference shall govern the
subdivision of land and the vacation of rights-of-way, easements and other public reservations located within the City of Kingman, Kansas.
(d) Official Copies. Not less than three copies of the Subdivision Regulations in book form marked "Official Copy as Incorporated by
Ordinance No. 1930" and to which there. shall be a published copy of this Ordinance attached, shall be filed with the City Clerk to be open for
inspection and available to the public at all reasonable business hours.
(e) Invalidity of a Part. Any provision of this Article which shall be declared to be unconstitutional or otherwise invalid shall not affect the
validity and authority of any other sections of said Article.
(Ord. 1930; Code 2010)
ARTICLE 4. FLOODWAY AND FLOODWAY
FRINGE DISTRICTS
16-401. PURPOSE. It is the purpose of this article to promote the public health, safety and general welfare and to minimize those losses
described in subsection (a) 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 increases in flood heights or
velocities.
(b) Require that uses vulnerable to floods, including public facilities which serve such uses, shall 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.
(d) Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance
Program.
(Code 1996, 17.12.010)
16-402. APPLICABILITY. This article shall apply to all lands within the jurisdiction of the city identified on the Flood Insurance Rate Map
(FIRM) as numbered and unnumbered A Zones and within the FW and FF zoning districts established in Section 16-409. In all areas covered
by this article, no development shall be permitted except upon a permit to develop granted by the city commission or its duly designated
representative under such safeguards and restriction and the commission or the designated representative may reasonably impose for the
promotion and maintenance of the general welfare and health of the inhabitants of the city and where specifically noted in Sections 16-411:414.
(Code 1996, 17.12.020)
16-403. COMPLIANCE. No development located within known flood hazard areas of this city shall be located, extended, converted or
structurally altered without full compliance with the terms of this article and other applicable regulations. (Code 1996, 17.12.030)
16-404. 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. (Code 1996, 17.12.040)
16-405. ABROGATION AND GREATER RESTRICTIONS. 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 provisions of this article shall prevail.
All other ordinances inconsistent with this article are repealed to the extent of the inconsistency only. (Code 1996, 17.12.050)
16-406. 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 height
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 floodway and floodway fringe district boundaries or land uses permitted within such districts 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. (Code 1996, 17.12.050)
16-407. DEFINITIONS. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the
same meaning they have in common usage and to give this article its most reasonable application.
(a) Actuarial Rates 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) Appeal - means a request or a review of the building inspector's interpretation of any provision of this article or a request for a variance.
(c) 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.
(d) Area of Special Flood Hazard - is the land in the floodplain within a community subject to one percent or greater chance of flooding in any
given year.
(e) Channel - means a natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously
or periodically flowing water. Channel flow, thus, is that water which is flowing within the limits of a defined channel.
(f) Development - means 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.
(g) Existing Construction - means, for the purpose of determining rates, structures, for which the start of construction commenced before the
effective date of the FIRM or before January 1, 1975, for FIRM's effective before that date. Existing construction may also be referred to as
existing structures.
(h) Flood or Flooding - means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
(i) Flood Elevation Determinations - means a determination of the water surface elevations of the 100-year flood: that is, the level of flooding
that has a one percent chance of occurrence in any given year.
(j) 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.
(k) Flood Insurance Study (FIS) - means the official report provided by the Federal Insurance Administration. The report contains flood
profiles, as well as the flood boundary/floodway map and the water surface elevation of the base flood.
(l) Floodplain Management - means the operation of an overall program of corrective and preventive measures for reducing flood damage,
including but not limited to emergency preparedness plan, flood control works and floodplain management regulations.
(m) Floodproofing - means any combination of structural and nonstructural additions, changes or adjustments to structures, including utility
and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy.
(n) Flood Protection System - means those physical structural works constructed specifically to modify flooding in order to reduce the extent of
the area within a community subject to a special flood hazard. Such system typically includes levees or dikes. These specialized modifying
works are those constructed in conformance with sound federal engineering standards.
(o) Floodway or Regulatory Floodway - means 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.
(p) Floodway Fringe - means that 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 one percent chance of flood occurrence in any one year).
(q) 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.
(r) Highest Adjacent Grade - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a
structure.
(s) Lowest Floor - means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable
solely for parking 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.
(t) Manufactured Home - means 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 flood plain 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.
(u) Manufactured Home Park or Subdivision - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots
for rent or sale.
(v) New Construction - means structures for which the start of construction or substantial improvement of which is begun after December 31,
1974, or the effective date of the FIRM, whichever is later.
(w) 100 Year Flood - means the base flood having a one percent chance of annual occurrence.
(x) Overlay District - means a district in which acts in conjunction with the underlying zoning district or districts.
(y) Regulatory Flood Elevation - means elevation indicated on the FIRM as the elevation of the 100-year flood
(z) Regulatory Flood Protection Elevation - means an elevation one foot higher than the water surface elevation of the regulatory flood.
(aa) Start of Construction. - For other than new construction or substantial improvements under the Coastal Barrier Resources Act, Pub. L.
97-348, Start of construction 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 cleaning, 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.
(bb) Structure - means a walled and roofed structure including a gas or liquid storage tank, that is principally above ground, including but
without limitation to buildings, factories, sheds, cabins, manufactured homes, and other similar uses.
(cc) Substantial Damage - means any damage of any origin sustained by a structure where by the cost of restoring the structure to its before
damaged condition would equals or exceeds 50 percent of the market value of the structure before the damage occurred.
(dd) 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 start of 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:
(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of the historic structure, provided, that the alteration will not preclude the structure's continued designation as a historic
structure.
(ee) Variance - means 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. (Code 1996, 17.12.070)
16-408. FINDINGS OF FACT AND PURPOSE.
(a) Flood Losses Resulting from Periodic Inundation. The flood hazard areas of the city are subject to inundation which result 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.
(b) General Causes of these Flood Losses. These flood losses are caused by:
(1) The cumulative effect of obstructions in floodways causing increases in flood heights and velocities;
(2) 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.
(c) Methods Used to Analyze Flood Hazards. This article uses a reasonable method of analyzing flood hazards which consists of a series of
interrelated steps, as follows:
(1) 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 regulatory flood selected for this article is
representative of large floods which are 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 December, 1979, as amended, effective
June 18, 1980;
(2) 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;
(3) Computation of the floodway required to convey this flood without increasing flood heights more than one foot at any point;
(4) Delineation of the floodway encroachment lines within which no obstruction is permitted which would cause any increase in flood height;
(5) 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.
(Code 1996, 17.12.080)
16-409. ESTABLISHMENT OF ZONING DISTRICTS. The mapped flood plain areas within the jurisdiction of this article are divided into the
two following districts: a floodway overlay district (FW) and a floodway fringe overlay district (FF) identified in the Flood Insurance Study
(Flood Boundary and Floodway Map(s)). 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 Insurance
Administration. (Code 1996, 127.12.090)
16-410. INTERPRETATION OF DISTRICT BOUNDARIES. The boundaries of the floodway and floodway fringe overlay districts shall be
determined by scaling distances on the official zoning 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 his
or her case to the board and to submit his or her own technical evidence, if he or she desires. (Code 1996, 17.12.100)
16-411. PERMITTED USES; FLOODWAY OVERLAY DISTRICT. 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
sections 16-412:414.
(a) 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.
(b) In Zone A unnumbered, obtain, review and reasonably utilize any floodway data available through federal, state or other sources or section
16-414(c)(7)(d) in meeting the standards of this section.
(Code 1996, 17.12.110)
16-412. PERMITTED USES; FLOODWAY FRINGE OVERLAY DISTRICT. Any use, including those permitted in section 16-411, shall be
permitted in the floodway fringe overlay district. No use shall be permitted in the district unless the standards of section 16-414 are met. (Code
1996, 17.12.120)
16-413. STANDARDS; FLOODWAY FRINGE OVERLAY DISTRICT.
(a) Require new construction or substantial improvements of residential structures to have the lowest floor, including basement, elevated to or
above the regulatory flood elevation.
(b) Require new construction or substantial improvements of nonresidential 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 floodproofed so that below
such a level the structure is water tight with walls substantially impermeable to the passage of water, 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 are satisfied. Such certification shall be provided to the official as set forth in Section 16-420(b)(7).
(c) 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 floodwaters. 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 floodwaters.
(d) Within AH zones adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away
from proposed structures.
(e) Manufactured Homes
(1) 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:
(A) 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;
(B) 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;
(C) All components of the anchoring system be capable of carrying a force of 4,800 pounds; and
(D) Any additions to the manufactured home be similarly anchored.
(2) Require that all manufactured homes to be placed within Zones A1-30, AH and AE on the community's FIRM:
(A) Be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevations; and
(B) Be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (e)(1) of this section.
(f) Located within the areas of special flood hazard established in section 16-502 are areas designed 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 the AO Zones:
(1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above
the highest adjacent grade at least as high as one foot above the depth number specified in feet on the community's FIRM (at least two feet if
no depth number is specified).
(2) All new construction and substantial improvements of nonresidential structures shall:
(A) Have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as one foot above the depth number
specified in feet on the community's FIRM (at least two feet if no depth number is specified); or
(B) Together with attendant utility and sanitary facilities, be completely flood-proof to or above that level so that any space below that level 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. Such certification shall be provided to the official as set forth in subsection (b)(7)
of section 16-422
(3) Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed
structures.
(Code 1996, 17.12.130)
16-414. STANDARDS; GENERALLY.
(a) No permit for development shall be granted for new construction, substantial improvements and other improvements including the
placement of manufactured homes within all numbers and unnumbered A 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
contamination.
(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 floodproofed up to the regulatory flood protection elevation.
(5) That until a floodway has been designed, no development including landfill, may be permitted within Zones A1-30 and AE on the city's
FIRM unless the applicant 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 as Section 1.23 A of
Ordinance No. 1542.
(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 maybe allowed if not subject to major damage by floods and if 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, including within such proposals the regulatory flood elevation.
(Code 1996, 17.12.140)
16-415. DEVELOPMENT PERMIT; REQUIRED. No person shall initiate any development or substantial improvement or cause the same to
be done without first obtaining a separate permit for development for each such building or structure.
(Code 1996, 17.12.150)
16-416. DEVELOPMENT PERMIT; APPLICATION. To obtain a permit, the applicant shall first file an application in writing on a form
furnished for that purpose. Every such application shall:
(a) Identify and describe the work to be covered by the permit;
(b) 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;
(c) Indicate the use or occupancy for which the proposed work is intended;
(d) Be accompanied by plans and specifications for proposed construction;
(e) Be signed by the permittee or his or her authorized agent who may be required to submit evidence to indicate such authority;
(f) Give such other information as reasonably may be required by the building inspector.
(Code 1996, 17.12.160)
16-417. NONCONFORMING USE.
(a) A structure or the use of a structure or premise which was lawful before the passage or amendment of the ordinance codified in this article
but which is not in conformity with the provisions of this article may be continued subject to the following conditions:
(1) If such use is discontinued six consecutive months, except for the lack of a tenant, any future use of the building premises shall conform to
this article. The utility department shall notify the building inspector in writing of instances of nonconforming uses where utility services have
been discontinued for a period of six months.
(2) Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.
(b) If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50
percent 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.
(Code 1996, 17.12.170)
16-418. VARIANCE; APPEALS.
(a) The board of zoning appeals as requested by city commissioners shall hear and decide appeals and requests for variances from the
requirements of this article. 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 building inspector in the enforcement or administration of this article.
(b) Any person aggrieved by the decision of the board of zoning appeals or any taxpayer may appeal such decision to the District Court of
Kingman County as provided in K.S.A. 12-715.
(c) In passing upon such applications, the board of zoning appeals shall consider all technical evaluation, 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 ordinance 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. (Code 1996, 17.12.180)
16-419. VARIANCE; ISSUANCE.
(a) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of ½ acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (b) through (f) below
have been fully considered. As the lot size increase beyond one-half acre, the technical justification required for issuing the variance increases.
(b) 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.
(c) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford
relief.
(e) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(3) 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.
(f) 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.
(Code 1996, 17.12.190)
16-420. AMENDMENTS.
(a) 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 in 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 Federal Emergency Management Agency.
(b) The regulations of this article are in compliance with the National Flood Insurance Program Regulations as published in the Federal
Register, Volume 41, Number 207, dated October 26, 1976.
(Code 1996, 17.12.200)
16-421. APPEALS.
(a) Where a request for a permit to develop or a variance is denied by the building inspector the applicant may apply for such permit or
variance directly to the board of zoning appeals.
(b) The board of zoning appeals may grant or deny such request by appropriate resolution adopted within 30 days after the date of such
application to the board of zoning appeals.
(Code 1996, 17.12.210)
16-422. ADMINISTRATION.
(a) The building inspector is appointed to administer and implement the provisions of this article.
(b) Duties of the building inspector 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) Notify adjacent communities and the Kansas Board of Agriculture, Division of Water Resources prior to any alteration or relocation of a
watercourse, and shall submit evidence of such notification to the Federal Emergency Management Agency;
(4) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not
diminished;
(5) Verify and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement, of all new or substantially
improved structures;
(6) Verify and record the actual elevation, in relation to mean sea level, to which the new or substantially improved structures have been
floodproofed;
(7) When floodproofing is utilized for a particular structure, the building inspector shall be presented certification from a registered
professional engineer or architect. (Code 1996, 17.12.220)
16-423. ENFORCEMENT. The building inspector is designated as the commission's duly designated enforcement officer under this article.
(Code 1996, 17.12.230)
16-424. VIOLATION; PENALTY.
(a) 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 code violation. Any person who violates this article or
fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100, and in addition, shall pay all costs and
expenses involved in the case. Each day such violation continues shall be considered a separate offense.
(b) Nothing herein contained in this section shall prevent the city or other appropriate authority from taking such other lawful action as is
necessary to prevent or remedy any violation.
(Code 1996, 17.12.240)