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92-9524 Zoning RegulationsKI—CO. Priming — Salina, Kansas (Published in The Salina Journal August /$ , 1992) ORDINANCE NUMBER 92-9524 AN ORDINANCE AMENDING SECTION 42-442 OF THE SALINA CODE PERTAINING TO THE FLOODWAY FRINGE OVERLAY DISTRICT; AND AMENDING SECTIONS 42-656.1, 42-722.1 AND 42-782.1 OF THE SALINA CODE PERTAINING TO DEFINITIONS; AND ENACTING SECTIONS 42-690.2 AND 42-785.2 OF THE SALINA CODE PERTAINING TO DEFINITIONS; AND REPEALING THE EXISTING SECTIONS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 42-442 of the Salina Code is hereby amended to read as follows: "Section 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 (only within zones Al to A30 or AH on the city's FIRM) or flood -proofed to at least one foot above the base flood elevation. Any basement area, together with attendant utilities and sanitary facilities, below that level shall be designed and constructed so that the structure is watertight with walls that are impermeable to the passage of water without human intervention. Basement walls shall be built with the capability to resist hydrostatic and hydrodynamic loads and the effects of buoyancy resulting from the one -hundred year frequency flood and shall be designed so minimal structural damage will occur if this design is exceeded. The flood -proofed design elevation is the one -hundred -year base flood elevation plus one foot. (1) The bottom of the lowest basement openings, such as doors and windows, must be placed at least one foot above the one hundred -year base flood elevation. (2) The basement floor must not be lower than five (5) feet below the flood -proofed design elevation. (3) The land around the entire foundation must be filled at least to the one hundred -year base flood elevation. (4) Flood -proofed basements may not be constructed within the floodway. . (5) Basements constructed in accordance with this regulation shall not be used for sleeping purposes. (6) A registered professional engineer or architect shall certify that the floodproofing measures used in the structure satisfy the standards of the subsection. This certification shall include the specific elevation (in relation to mean sea level) to which the structure is .flood -proofed. Kuhn-Coa Priming — Salina. Kansas (7) The zoning administrator shall certify that the structure has been built in accordance with this design. (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 flood -proofed 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) All new construction and substantial improvements that have fully enclosed areas below the lowest floor that are at or below elevations 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 must meet or exceed the following minimum criteria: (1) A minimum of two (2) 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; (2) The bottom of all openings shall be no higher than one foot above grade; and (3) Openings may be equipped with screens, louvers, 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) All manufactured 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 (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side; (2) Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side; Kuhn -Cox Priming — Salina, Kansas (3) All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and (4) Any additions to the manufactured home be similarly anchored. (f) All manufactured homes to be placed or substantially improved within zones Al to A30, AH and AE on the City of Salina's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 42-442(e) . (g) No manufactured home shall be placed in a floodway except in an existing manufactured home park or existing manufactured home subdivision. (h) Detached garages and other accessory buildings used exclusively for the storage of motor vehicles, and storage of other items readily removable in the event of a flood warning, may have their lowest floor below the base flood elevation provided the structure is designed and constructed to meet the following requirements: (1) Use of the structure must be limited to parking or limited storage and not used for human habitation. (2) The structure must be built using unfinished and flood damage resistant materials. (3) The structure must be adequately anchored to prevent flotation, collapse, or lateral movement which may result in damage to other structures. This is a mandatory measure, pursuant to 44 CFR, Section 60.3(a)(3). It must also meet the Section 60.3(c)(5) openings requirement. (4) Any mechanical and utility equipment in the structure must be elevated to one (1) foot above the base flood elevation or flood proofed. (5) The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flood of floodwaters. (6) The structure shall not exceed seven hundred twenty (720) square feet. (7) The structure must comply with the floodway provisions of the community's ordinance and address floodplain encroachment provisions at 44 CFR, Section 60.3(c)(10) or (d)(3)." Section 2. That Section 42-656.1 of the Salina Code is hereby amended to read as follows: "Section 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 or storage of equipment or materials . " Kuhn -Co. Printing — Salina, Kansas Section 3. That Chapter 42 of the Salina Code is hereby amended by adding Section 42-690.2 which shall read as follows: "Section 42-690.2. Historic structure. Historic structure means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior, or (2) Directly by the Secretary of the Interior in states without approved programs." Section 4. That Section 42-722.1 of the Salina Code is hereby amended to read as follows: "Section 42-722.1. New construction. New construction means, for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For flood plain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a flood plain management regulation adopted by a community and includes any subsequent improvements to such structures." Section 5. That Section 42-782.1 of the Salina Code is hereby amended to read as follows: "Section 42-782.1. Start of construction. Start of construction (for the purposes of the flood plain regulations) includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction repairs, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent Kuhn -Cox Printing — Salina, Kansas 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 clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include the excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation of buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building." Section 6. That Section 42-785.1 of the Salina Code is hereby amended to read as follows: "Section 42-785.1 Substantial improvement. Substantial improvement is any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (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 an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure." Section 7. That Chapter 42 of the Salina Code is hereby amended by adding Section 42-785.2 which shall read as follows: "Section 42-785.2. Substantial damage. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before damage occurred." Section 8. That the existing Sections 42-442, 42-656.1, 42-722.1, 42-782.1 and 42-785.1 of the Salina Code are hereby repealed. -0 Kuhn -Cox Prin�inq —Salina, Kansas Section 9. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. (SEAL) ATTEST: �- w�-l..w. Jacque ine Shiever, CMC City Clerk Introduced: August 3, 1992 Passed: August 10, 1992 g44007 Carol E. Beggs, ayor