86-9119 Zoning Regulations(Published in The Salina Journal February 7-, 1986)
ORDINANCE NUMBER 86-9119
AN ORDINANCE PROVIDING FOR MANAGEMENT OF THE FLOOD
PLAIN, CREATING FLOODWAY AND FLOODWAY FRINGE DISTRICTS, DEFINING
THE SAME AND SETTING FORTH REGULATIONS THEREFOR; AMENDING
ARTICLE Vlll, OF CHAPTER 42 OF THE SALINA CODE AND REPEALING THE
EXISTING ARTICLE; AMENDING ARTICLE XIV OF CHAPTER 42 BY ADDING
SECTIONS 42-625.1, 42-629.1, 42-629.2, 42-634.1, 42-656.1, 42-668.1, 42-668.2,
42-668.3, 42-668.4, 42-673.1, 42-674.1, 42-674.2, 42-676.1, 42-679.1, 42-690.1,
42-722.1, 42-782.1, 42-731.1, 42-758.1, 42-785.1, 42-794; AMENDING SECTIONS
42-676, 42-751, AND 42-783 AND REPEALING THE EXISTING SECTIONS.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Article VIII of Chapter 42 of the Salina Code is
hereby amended to read as follows:
"ARTICLE Vill.
FLOOD PLAIN ZONING DISTRICT
DIVISION 1. STATUTORY AUTHORIZATION,
FINDINGS OF FACT AND PURPOSES
"Sec. 42-426. Statutory authorization.
(I The Legislature of the State of Kansas has in K.S.A.
12-705, 12-707, 12-710, 12-734 and 12-735 delegated the
responsibility to local governmental units to adopt zoning
regulations designed to protect the public health, safety and
general welfare.
"Sec. 42-427. Findinqs of fact.
(a) Flood losses resulting from periodic inundation.
The flood hazard areas of the City of Salina, Kansas
are subject to inundation which may 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 obstruction in floodways
causing increases in flood heights and velocities;
and
(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.
(1 ) Selection of a base 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 base flood selected
for this ordinance is representative of large floods
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which are reasonably characteristic of what can be
expected to occur on the particular streams subject
to this ordinance. It is in the general order of a
flood which could be expected to have a one (1)
percent chance of occurrence in any one year, as
delineated on the Federal Emergency Management
Agency's Flood Insurance Study, and illustrative
materials dated February 5, 1986 as amended, and
any future changes thereto.
(2) Calculation of water surface profiles based upon a
hydraulic engineering analysis of the capacity of
the stream channel and overbank areas to convey
the base flood.
(3) Computation of the floodway required to convey
this flood without increasing flood heights more
than one (1) foot at any point.
(4) Delineation of floodway encroachment lines within
which no obstruction is permitted which would
cause any increase in flood height.
(5) Delineation of floodway fringe, i.e. , that area
outside the floodway encroachment lines but which
still is subject to inundation by the base flood.
"Sec. 42-428. Statement of purpose.
It is the purpose of this article to promote and protect
the public health, safety and general welfare and to minimize
those losses described in Section 42-427(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, be provided with flood
protection at the time of initial construction.
(c) Protect individuals from buying lands which are
unsuited for certain 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.
"DIVISION 2. GENERAL PROVISIONS
"Sec. 42-429. Lands to which the article applies.
(a) The Flood Insurance Study of the City of Salina,
Kansas (Effective Date: February 5, 1986) including the
Flood Boundary and Floodway Map (Floodway Map) and
the Flood Insurance Rate Map (FIRM) issued by the
Federal Emergency Management Agency is hereby
adopted and incorporated by reference for the purpose
of identifying all lands within the jurisdiction of the
City of Salina, Kansas, to which this article shall
apply. Not fewer than three (3) copies of the Flood
Insurance Study adopted above have been filed in both
the Office of the City Clerk and the Office of the
Zoning Administrator and are available for examination
by the public during normal office hours.
(b) This article shall apply to all lands within the
jurisdiction of the City of Salina, Kansas identified on
the Flood Insurance Rate Map (FIRM) as numbered and
unnumbered A Zones (including the AH zone) and
within the Zoning Districts FW and FF established in
Division 4 of this article. In all areas covered by this
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article, no development shall be permitted except upon
issuance of a permit to develop granted by the City of
Salina or its duly designated representative under such
safeguards and restrictions as the City of Salina or the
designated representative may reasonably impose for the
promotion and maintenance of the general welfare,
health and safety of the inhabitants of the community
and where specifically noted in Divisions 5, 6 and 7.
"Sec. 42-430. Rules for interpretation of district
boundaries.
(a) The boundaries of the floodway (FW) and floodway
fringe (FF) overlay districts shall be determined by
scaling distances on the official zoning map or on the
Flood Insurance Rate Map or Floodway Map. Where
interpretation is needed to determine 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 Zoning Administrator shall make
the necessary interpretation. In such cases where the
interpretation is contested, the Board of Zoning Appeals
will resolve the dispute. The base flood elevation for
the point in question shall be 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 case to
the Board and to submit his own technical evidence, if
he so desires.
(b) Any flood plain district designated on the official zoning
map pursuant to prior ordinance shall be lifted from the
official zoning map and shall be of no further force or
effect.
"Sec. 42-431. Compliance.
No development located within known flood hazard areas
of this community shall be located, extended, converted or
structurally altered without full compliance with the terms of
this article and other applicable regulations.
"Sec. 42-432. 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 of Salina, Kansas 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.
"Sec. 42-433. Appeal.
Where a request for a permit to develop is denied by
the Zoning Administrator the applicant may appeal such
denial for such permit directly to the Board of Zoning
Appeals.
"DIVISION 3. DEVELOPMENT PERMIT
"Sec. 42-434. Permit required.
No person, firm or corporation shall initiate any
development or substantial improvement or cause the same to
be done without first obtaining a separate permit for
development as defined in Article XIV.
"Sec. 42-435. Administration.
(a) The Zoning Administrator is hereby appointed to
administer and implement the provisions of this article.
(b) Duties of the Zoning Administrator shall include, but
not be limited to:
(1) Review of 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 of 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) Notification of adjacent communities and the
Division of Water Resources, Kansas State Board of
Agriculture prior to any alteration or relocation of
a watercourse, and evidence shall be submitted of
such notification to the Federal Emergency
Management Agency.
(4) Assurance that maintenance is provided within the
altered or relocated portion of said watercourse so
that the flood carrying capacity is not diminished.
(5) Verification, recording and maintenance of records
of the actual elevation (in relation to mean sea
level) of the lowest floor (including basement) of
all new or substantially improved structures.
(6) Verification, recording and maintenance of records
of the actual elevation (in relation to mean sea
level) to which the new or substantially improved
structures have been floodproofed.
(7) Obtaining certification from a registered
professional engineer or architect when
floodproofing is utilized for a particular structure.
"Sec. 42-436. Application for permit.
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 permitee or his 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 Zoning Administrator.
"DIVISION 4. ESTABLISHMENT OF ZONING DISTRICTS
"Sec. 42-437. Establishment of zoning districts.
The mapped flood plain areas within the jurisdiction of
this article are hereby divided into the two following
districts: a floodway overlay district (FW) and a floodway
fringe overlay district (FF) identified in the Flood Insurance
Study [and accompanying maps(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 the AH zone)
as identified on the official FIRM and identified in the Flood
Insurance Study provided by the Federal Emergency
Management Agency.
"DIVISION 5. STANDARDS FOR FLOODWAY
OVERLAY DISTRICT AND THE FLOODWAY FRINGE
OVERLAY DISTRICT.
"Sec. 42-438. Requirement for permit.
No permit for development shall be granted for new
construction, substantial improvements and other
improvements including the placement of mobile homes within
all numbered and unnumbered A zones unless the conditions
of this division are satisfied.
"Sec. 42-439. Special provisions for unnumbered A zones.
I� All areas identified as
are subject to inundation of
water surface elevation was
A zones shall be subject to
article. If Flood Insurance
community shall utilize
currently available within it
unnumbered A zones on the FIRM
the 100 -year flood; however, the
not provided. The unnumbered
all development provisions of this
Study data is not available, the
any base flood elevation data
s area of jurisdiction.
"Sec. 42-440. Development standards.
New construction, subdivision proposals, substantial
improvements, prefabricated buildings, placement of mobile
homes and other development shall require:
(a) Design or anchorage to prevent flotation, collapse or
lateral movement due to flooding;
(b) 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;
(c) New
development and substantial improvements to:
(1)
use construction materials and utility equipment
that are resistant to flood damage; and
(2)
use construction methods and practices that will
minimize flood damage, consistent with economic
practicability.
(d) All
utility and sanitary facilities be elevated to up to
the
base flood protection elevation or floodproofed to
.one
foot above the base flood elevation;
(e) That until a floodway has been designated, where
appropriate, no development, including landfill, may be
permitted within Zones Al -30 on the city's FIRM unless
the
applicant for the land use has demonstrated that
the
proposed use, when combined with all other existing
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and reasonably anticipated uses, will not increase the
water surface elevation of the 100 -year flood more than
one (1) 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 (Section 42-427(c) of this article);
(f) Storage of material and equipment:
(1 ) 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.
(2) Storage of other material or equipment may be
allowed if not subject to major damage by floods
and firmly anchored to prevent flotation or if
readily removable from the area within the time
available after flood warning.
(g) Subdivision proposals and other proposed new
development be required to assure that:
(1) all such proposals are consistent with the need to
minimize flood damage;
(2) all public utilities and facilities, such as sewer,
gas, electrical, and water systems are located,
elevated and constructed to minimize or eliminate
flood damage;
(3) adequate drainage is provided so as to reduce
exposure to flood hazards; and
(4) proposals for development of five (5) acres or fifty
(50) lots, whichever is lesser, include within such
proposals the base flood elevation.
"DIVISION 6. FLOODWAY FRINGE (FF)
OVERLAY DISTRICT. (Including the AH Zone)
"Sec. 42-441. Permitted uses.
Any use permitted in Division 7 shall be permitted in
the Floodway Fringe (FF) overlay district. No use shall be
permitted in the district unless the standards of Divisions 5
and 6 are met.
"Sec. 42-442. Standards for the floodway fringe overlay
district.
(a) New construction or substantial improvements of
residential structures shall be required to have the
lowest floor, including basement, elevated to or above
the base flood elevation.
(b) New construction or substantial improvements of
nonresidential structures shall be required to have the
lowest floor, including basement, elevated to or above
the base flood elevation or, together with attendant
utility and sanitary facilities, to be floodproofed so that
below one foot above the base flood level 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 the 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 Zoning
Administrator as set forth in Section 42-435(b)(7);
(c) Within AH zones adequate drainage paths around
structures on slopes shall be required in order to guide
floodwaters around and away from proposed structures.
(d) All mobile homes shall be anchored to resist flotation,
collapse, or lateral movement by providing over -the -top
and frame ties to ground anchors. Specific
requirements shall be that:
(1) over -the -top ties be provided at each of the four
corners of the mobile home, with two additional
ties per side at intermediate locations and mobile
homes less than fifty (50) feet long requiring one
additional tie per side;
(2) frame ties be provided at each corner of the home
with five additional ties per side at intermediate
points and mobile homes less than fifty (50) feet
long requiring four additional ties per side;
(3) all components of the anchoring system be capable
of carrying a force of 4,800 pounds; and
(4) any additions to the mobile home be similarly
anchored.
(e) For mobile home parks and subdivisions; for expansion
to existing mobile home parks and subdivisions; for
existing mobile home parks and subdivisions where the
repair, reconstruction or improvement of the streets,
utilities and pads equals or exceeds fifty (50) percent
of value of the streets, utilities and pads before the
repair, reconstruction or improvement has commenced;
and for mobile homes not placed in a mobile home park
or subdivision require:
(1) stands or lots are elevated on compacted fill or on
pilings so that the lowest floor of the mobile home
will be at or above the base flood level;
(2) adequate surface drainage and access for a hauler
are provided; and
(3) in the instance of elevation on pilings:
a. lots are large enough to permit steps,
b. piling foundations are placed in stable soil no
more than ten (10) feet apart, and
C. reinforcement is provided for pilings more
than six (6) feet above the ground level.
(f) No mobile home shall be placed in a floodway except in
an existing mobile home park or existing mobile home
subdivision.
"DIVISION 7. FLOODWAY (FW) OVERLAY DISTRICT
"Sec. 42-443. Permitted uses.
Only uses having a low flood -damage potential and not
obstructing flood flows shall be permitted within the
Floodway (FW) District to the extent that they are not
prohibited by any other ordinance and are consistent with
the underlying zoning district. All encroachments, including
fill, new construction, substantial improvements and other
developments shall be prohibited unless approved as a
variance and certification by a registered professional
engineer or architect is provided demonstrating that
encroachments shall not result in any increase in flood levels
in the floodway during occurrence of the base flood
discharge. No use shall increase the flood levels of the base
flood. The following uses are permitted, subject to the
standards of Divisions 5 and 6:
(a) Agricultural uses such as general farming, pasture,
nurseries, forestry.
(b) Residential uses such as lawns, gardens, parking and
play areas.
(c) Nonresidential areas such as loading and parking areas,
airport landing strips, new and used car lots, and
streets.
(d) Public and private recreational uses such as golf
courses, archery ranges, picnic grounds, parks,
wildlife and nature preserves.
"DIVISION 8. VARIANCES
"Sec. 42-444. Conditions for approval.
Where by reason of exceptional narrowness,
shallowness, shape, topography or other extraordinary or
exceptional situation or condition of a specific piece of
property, the strict application of any provision of this
article would result in peculiar and exceptional hardship
upon the owner of the property as an unreasonable
deprivation of use as distinguished from the mere grant of a
privilege, the Board of Zoning Appeals may authorize a
variance from strict application so as to relieve the
demonstrable difficulties or hardships, provided that such a
variance may be granted generally if:
(a) The structure is to be erected on a lot of one half acre
or less in size and such lot is contiguous to (now
including adjacent public streets) and surrounded by
lots with existing structures constructed below the base
flood protection elevation, or
(b) The structure is listed on the National Register of
Historic Places, the State Inventory of Historic Places
or carries a local landmark (HC) designation.
"Sec. 42-445. Findings required.
Variances shall not be issued except upon:
(a) a showing of good and sufficient cause,
The Zoning Administrator shall notify the applicant that
the issuance of a variance to locate a structure at an
elevation below the 100 -year flood level will result in
increased rates for flood insurance coverage. The Applicant
will provide written and notarized acknowledgement of such
notification.
(b) a determination that failure to grant the variance would
result in exceptional hardship to the applicant, and
(c) a determination that the variance issuance 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 ordinances or
state laws, particularly K.S.A. 12-734.
"Sec. 42-446. Determination of minimum standards.
Variances may only be issued upon a determination that
the applicant requesting a variance shall meet the minimum
necessary standards of this article to afford relief.
"Sec. 42-447. Notification of increased insurance rates.
The Zoning Administrator shall notify the applicant that
the issuance of a variance to locate a structure at an
elevation below the 100 -year flood level will result in
increased rates for flood insurance coverage. The Applicant
will provide written and notarized acknowledgement of such
notification.
"DIVISION 9. VIOLATIONS
"Sec. 42-448. Violations.
In addition to the penalties and relief set forth in
Section 42-599, if the violation relates to a provision of this
article, the attorney general and the chief engineer of the
Division of Water Resources of the Kansas State Board of
Agriculture may institute injunction, mandamus or other
appropriate action or proceedings to prevent the unlawful
erection, construction, maintenance or use, or to correct or
abate such violations, or to prevent the occupancy of such
buildings, structure or land.
"DIVISION 10. AMENDMENTS
"Sec. 42-449. Amendments to flood plain district
regulations.
No amendment shall be made to this article that
proposes to create or to effect any change or variation in
the flood plain district, or that proposes to regulate or
restrict the location and use of structures, encroachments,
and uses of land within such district without the city first
submitting such proposed change, accompanied by complete
maps, plans, profiles, specifications, textual matter and
other data and information to the chief engineer, Division of
Water Resources, Kansas State Board of Agriculture for
written approval thereof.
Section 2. That Article XIV of Chapter 42 of the Salina Code is
"Sec. 42-629.1. Area of shallow flooding.
'Area of shallow flooding' is a designated AH zone on
the city's Flood Insurance Rate Map (FIRM) with a one (1)
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."
"Sec. 42-629.2. Area of special flood hazard.
'Area of special flood hazard' is the land in the flood
plain within the city subject to one (1) percent or greater
chance of flooding in any given year."
"Sec. 42-634.1. Base flood.
'Base flood' is the flood having one (1) percent chance
of being equalled or exceeded in any given year."
hereby amended by adding the following sections.
"Sec. 42-618.1. Actuarial premium rates
'Actuarial Premium Rates' are 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."
"Sec. 42-625.1. Appeal.
'Appeal' is a written request for a review of the Zoning
Administrator's interpretation of any provision of this
chapter."
"Sec. 42-629.1. Area of shallow flooding.
'Area of shallow flooding' is a designated AH zone on
the city's Flood Insurance Rate Map (FIRM) with a one (1)
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."
"Sec. 42-629.2. Area of special flood hazard.
'Area of special flood hazard' is the land in the flood
plain within the city subject to one (1) percent or greater
chance of flooding in any given year."
"Sec. 42-634.1. Base flood.
'Base flood' is the flood having one (1) percent chance
of being equalled or exceeded in any given year."
"Sec. 42-656.1. Development.
'Development' is 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."
"Sec. 42-668.1. Existing construction.
'Existing construction' is (for the purposes of
determining flood insurance rates) any structure for which
the 'start of construction' commenced before the effective
date of the FIRM. 'Existing construction' may also be
referred to as 'existing structures'."
"Sec. 42-668.2. Existing mobile home park or mobile home
subdivision.
'Existing mobile home park or mobile home subdivision'
is a parcel (or contiguous parcels) of land divided into two
(2) or more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which the
mobile home is to be affixed (including, at a minimum, the
installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets),
is completed before the effective date of this chapter."
Sec. 42-668.3. Existing structures.
'Existing structures'. See 'Existing construction'."
i "Sec. 42-668.4. Expansion to an existing mobile home
park or mobile home subdivision.
'Expansion to an existing mobile home park or mobile
home subdivision' means the preparation of additional sites
by the construction of facilities for servicing the lots on
which the mobile homes are to be affixed (including the
installation of utilities, either final site grading or pouring
of concrete pads, or the construction of streets)."
"Sec. 42-673.1. Flood. or Flooding.
'Flood' or 'flooding' is a general and temporary
condition of partial or complete inundation of normally dry
land areas from:
(1) The overflow of inland or tidal waters; or
(2) The unusual and rapid accumulation or runoff of
surface waters from any source."
"Sec. 42-674.1. Flood insurance rate map.
'Flood Insurance Rate Map' (FIRM) is an official map of
the community, on which the Flood Insurance Study has
delineated the Flood Hazard Boundaries and the zones
establishing insurance rates applicable to the community."
"Sec. 42-674.2. Flood insurance study.
'Flood insurance study' is the official report provided
by the Federal Emergency Management Agency. The report
contains flood profiles, as well as the Flood Boundary
Floodway Map and the water surface elevation of the base
flood."
"Sec. 42-676.1. Floodway fringe.
'Floodway fringe' is that area of the flood plain, outside
of the floodway, that on the average is likely to be flooded
once every 100 years (i.e., that has a one (1) percent
chance of flood occurrence in any one year) ."
"Sec. 42-679.1. Freeboard.
'Freeboard' is 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
i bridge openings, and the hydrological effect of urbanization
of the watershed."
"Sec. 42-690.1. Highest adjacent grade.
'Highest adjacent grade' is the highest natural elevation
of the ground surface prior to construction next to the
proposed walls of a structure."
"Sec. 42-722.1. New construction.
'New construction' means any structure for which the
'start of construction' or 'substantial improvement' is
commenced on or after the effective date of the FIRM."
"Sec. 42-782.1. Start of construction.
'Start of construction' is (for the purposes of the Flood
Plain Regulations) the first placement of permanent
construction of a structure (other than a mobile home) on a
site, such as the pouring of slabs or footings or any work
beyond the stage of excavation. Permanent construction
does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for
a basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not as part of the main
structure. For a structure (other than a mobile home)
without a basement or poured footings, the 'start of
construction' includes the first permanent framing or
assembly of the structure or any part thereof on its piling
or foundation. For mobile homes not within mobile home
parks or mobile home subdivisions, 'start of construction' is
the date on which the construction of facilities for servicing
the site on which the mobile home is to be affixed
(including, at a minimum, the construction of streets, either
final site grading or the pouring of concrete pads, and
installation of utilities) is completed. For flood insurance
rating purposes the terms PRE FIRM and POST FIRM may be
used."
"Sec. 42-731.1. Overlay district.
'Overlay district' is a district in which additional
requirements act in conjunction with the underlying zoning
district(s). The original zoning district designation does not
change."
"Sec. 42-758.1. Risk premium rates.
'Risk premium rates' See 'Actuarial premium rates'."
"Sec. 42-785.1. Substantial improvement.
(a) 'Substantial improvement' is any repair, reconstruction,
or improvement of a structure, the cost of which equals
or exceeds fifty (50) percent of the market value of the
structure either:
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being
restored, before the damage occurred.
(b) For the purpose of this definition 'substantial
improvement' is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that
alteration affects the external dimensions of the
structure. The term does not, however, include
either:
(1) any project for improvement of a structure to
comply with existing, state or local health,
sanitary or safety code specifications which are
solely necessary to assure safe living conditions,
or
(2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places."
"Sec. 42-794. Variance.
'Variance' is a grant of relief to a person from the
requirements of this chapter which permits construction
and/or development in a manner otherwise prohibited by this
chapter where specific enforcement would result in
unnecessary hardship."
Section 3. That Section 42-676 of the Salina Code is hereby amended
to read as follows:
"Sec. 42-676. Floodway.
'Floodway' is 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 (1) foot."
Section 4. That Section 42-751 of the Salina Code is hereby amended
to read as follows:
"Sec. 42-751. Regulatory flood.
'Regulatory flood'. This term and definition is to be
deleted."
Section 5. That Section 42-783 of the Salina Code is hereby amended
to read as follows:
"Sec. 42-783. Structure.
(a) 'Structure' is anything constructed or erected with a
fixed location on the ground, or attached to something
having a fixed location on the ground. Among other things,
structures include buildings, walls, sheds, towers, and
bins. For purposes of this chapter, residential air
conditioning condensing units and similar cooling system
apparatus, or so-called 'window' or 'room' conditioners shall
not be considered as structures.
(b) 'Structure', for the purpose of Article Vlll (Flood Plain
Zoning District) only, means a walled and roofed building,
including a gas or liquid storage tank, that is principally
above ground, as well as a mobile home."
Section 6. That the existing Article VIII of Chapter 42 of the Salina
Code is hereby repealed.
Section 7. That the existing Sections 42-676, 42-751 and 42-783 of the
Salina Code are hereby repealed.
Section 8. This ordinance shall be in full force and effect from and
after its adoption and publication once in the official city newspaper.
Introduced: January 27, 1986
[SEAL]
ATTEST:
D. L. Harrison, City Clerk
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Passed: February 3, 1986
Merle A. Hodges, M.D., Mayor