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