This Article establishes the basic performance standards to protect natural resources. Developments are required to conduct a carrying capacity analysis which regulates the maximum intensity based on actual site conditions. The site carrying capacity analysis ensures the public health, safety, and welfare are protected by preventing development from exceeding the site resources’ capacity to sustain the development. Resource areas exist in which constructing a building is hazardous to life and property; these areas should be avoided. The City obtains its water supply from Lake Miola. Water supply lakes in Miami County have been adversely impacted by land uses in their watershed. Specific standards protecting Lake Miola are essential to the public health, safety, and welfare of the City and its residents. Destroying some resources and certain development practices lead to air, ground water, or surface water pollution to the detriment of the public health. Natural systems are self-balancing, provided enough of the system is left in a functioning condition. A system’s health or function can be measured by its habitat quality and species diversity. Preserving habitats and resources is also important to the community’s character. Therefore, preservation enhances property value and the quality of life for residents and businesses.

Flood losses resulting from periodic inundation of special flood hazard areas should be avoided. Flooding could have a number of negative impacts on the community including: 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.

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

One purpose of this Article is to minimize losses due to flooding and to establish or maintain the community’s eligibility for participation in the National Flood Insurance Program (NFIP) by applying the provisions of this article to:

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

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

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

The site capacity analysis requires measuring the resources on each site; the site capacity calculation ensures the development does not exceed the site resources’ ability to sustain the use.

Each property proposed for development shall, at the time of rezoning, site plan approval, or subdivision, submit a site capacity analysis based on the site’s physical conditions, hazards, and natural resources except for the following:

A.    Any site not containing natural resources listed within Section 05.210.

B.    Single-family developments or farmsteads in the E District. While exempt from the calculation, these uses shall demonstrate they meet the Section 05.210 protection standards.

C.    Any lot of record as of this Ordinance’s adoption date proposed for residential use which cannot be further subdivided, or which is buildable after floodplains or wetlands are taken into account but would not be buildable after other resource standards are applied. Such lots will be permitted one (1) dwelling unit.

D.    Any lot of record as of this Ordinance’s adoption date proposed for a nonresidential use less than twenty thousand (20,000) square feet in area, and which is buildable after floodplains or wetlands are taken into account but would not be buildable after other resource standards are applied. Such lots shall conduct the site capacity calculation without the other resources.

E.    Individual lots in subdivisions or land developments approved subject to this Ordinance’s provisions, since protection is achieved in the subdivision approval process.

F.    Where a parcel is to be subdivided into a series of no more than six (6) lots taking direct access to an existing street, and where the depth does not permit constructing streets to serve the development. All resources shall be mapped and protected under conservation easements as required by Table 05.210. All lots shall meet the minimum lot area requirements, excluding the area attributed to any protected resource.

G.    Planned Development Districts. Such districts shall be required to comply with this Article only if the developer seeks a major plan amendment.

Table 05.120 provides the procedure for calculating a site’s total protected land. Step 1 determines the base site area. Steps 2-6 determine the land to be protected in accordance with Section 05.210. All uses -¬residential and nonresidential -- must begin by completing this calculation. Where the site is in more than one zoning class, or where the site is to be divided into residential and nonresidential uses, separate calculations are required.

Table 05.121 provides the procedure for calculating residential uses’ capacity. Note that nonresidential uses should use Table 05.122.

Table 05.122 provides the procedure for calculating nonresidential uses’ capacity.

Section 05.210 provides the protection levels for natural resources measured in the site capacity calculation. Section 05.220 indicates the uses for which open space may be used. This Division also contains additional performance standards and mitigation requirements.

Natural resources are protected by requiring preserving a minimum amount of the resource as open space. Such open space shall be part of the open space ratio in residential developments and part of the landscape surface ratio in nonresidential developments. Unless otherwise permitted in this Division or Table 05.220, the open space shall remain undisturbed. Resource protection levels are specified in Table 05.210 and must be met within any development. The development intensity may be modified by the site capacity calculations in Division 05.100.

Table 05.210 RESOURCE PROTECTION LEVELS
Natural Resource	Resource Protection Level
Waterbodies	1.00
Floodway	1.00
Floodplains	1.00
Wetlands	1.00
Waterbody buffer	0.90
Drainageways	0.40
Steep slopes (>30%)	0.85
Steep slopes (20-30%)	0.40
Forest, mature	0.60
Forest, young	0.30
Lake Miola Watershed (only)
Waterbody buffer	0.95
Steep slopes (>30%)	0.95
Steep slopes (20-30%)	0.50
Forest, mature	0.70
Forest, young All other watershed land	0.40 0.30

Table 05.220 lists uses that may be permitted in open space when required elsewhere in this Ordinance. The uses listed are narrower subsets of the use categories used listed in Table 03.110 A. In so doing, a closer match of the permitted uses to the resources’ tolerance is provided. Any use not listed shall be considered prohibited.

The following Sections set forth additional standards that protect natural resources or permit mitigation.

A.    STATUTORY AUTHORIZATION

1.    Approval of Draft Regulations by Kansas Chief Engineer Prior to Adoption

The following floodplain management regulations, as written, were approved in draft form by the Chief Engineer of the Division of Water Resources of the Kansas Department of Agriculture on ______, 20__.

2.    Kansas Statutory Authorization

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

B.    FINDINGS OF FACT

1.    Flood Losses Resulting from Periodic Inundation

       The special flood hazard areas of Paola, Kansas, and the Community Growth Area are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare.

2.    General Causes of the Flood Losses

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

3.    Methods Used To Analyze Flood Hazards

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

a.     Selection of a base flood that is based upon engineering calculations, which permit a consideration of such flood factor s 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, which are 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 percent chance of occurrence in any one year as delineated on the Federal Insurance Administrator’s FIS, and illustrative materials dated August 19, 2008 as amended, and any future revisions thereto.

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

c.     Computation of a floodway required to convey this flood without increasing flood heights more than 0.001 feet at any point.

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

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

C.    STATEMENT OF PURPOSE

It is the purpose of this ordinance to promote the public health, safety, and general welfare; to minimize those losses described in Section 05.231 B(1); to establish or maintain the community’s eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) and K.A.R. 5-44-4 by applying the provisions of this ordinance to:

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

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

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

D.    LANDS TO WHICH THESE REGULATIONS APPLIES

This section shall apply to all lands within the jurisdiction of the City of Paola, KS, identified as A zones, AE, AO and AH Zones, on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) dated August 19, 2008. In all defined flood areas no development shall be permitted except through the issuance of a floodplain development permit, granted by the Governing Body under such safeguards and restrictions may reasonably be imposed to provide for benefical use of a property and promote and maintain the general welfare, safety, and health of the inhabitants of the community. The Legislature of the State of Kansas has in KSA 12-707, 12-734 and 12-735 delegated the responsibility to local government units to adopt floodplain management regulations designed to protect the health, safety, and general welfare. Therefore, the City Council of the City of Paola, has enacted the floodplain management regulations as part of this zoning ordinance.

E.    COMPLIANCE

No development located within the special flood hazard areas of this community shall be located, extended, converted, or structurally altered without full compliance with the terms of this ordinance and other applicable regulations.

F.    ABROGATION AND GREATER RESTRICTIONS

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

G.    INTERPRETATION

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by Kansas statutes.

H.    WARNING AND DISCLAIMER OF LIABILITY

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This ordinance shall not create a liability on the part of the City of Paola any officer or employee thereof, for any flood damages that may result from reliance on this ordinance or any administrative decision lawfully made there under.

I.     SEVERABILITY

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

J.     MAPPING

1.    All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A zones is subject to all provisions of this ordinance. If Flood Insurance Study data is not available, the City shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources.

2.    Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any numbered A zone or AE zone on the FIRM. The developer may be required to conduct a flood study using a method approved by the Public Works director and conducted by a licensed engineer. That study shall then be used to determine the elevational requirements to be met.

K.    GENERAL STANDARDS

1.    The uses permitted are listed in Table 05.220. All other uses are expressly prohibited in both the floodway and all floodplains. A beneficial use provision that requires the land owner to prove that they have been prohibited from any benefical use of the property has been provided. Other uses may be permitted only upon receiving approval of a beneficial use application. All uses are subject to the following requirements.

2.    Except for piers needed to support bridges, erosion control structures, dams for flood control or water supply, and utility crossings, no structure shall intrude into the floodway.

3.    Only structures essential to the permitted uses shall be permitted. Roads and other essential crossings shall be permitted only where the location is the best available from an environmental standpoint.

4.    No structures designed for human habitation are permitted except where approved under the beneficial use provisions of Section 05.231 and Division 21.400. This prohibition also applies to manufactured homes, manufactured home parks, campgrounds and recreational vehicle parks.

5.    Structures shall be constructed and placed on the building site so as to cause an increase of less than one one-hundredth (0.01) foot increase in flood height off-site and offer minimum obstruction to the flow of flood waters. All piers in the floodways should have sufficient clearance between flood elevation and any horizontal portions of the bridge to avoid debris jams. The City’s Director of Public Works shall approve all such crossings.

6.    Structures shall be firmly anchored to prevent them from floating away or collapsing. Structures shall be certified by an engineer to withstand velocities and likely debris loadings at that point in the floodplain.

7.    Where approved development shall meet the following standards:

a.     design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

b.    construction with materials resistant to flood damage;

c.     utilization of methods and practices that minimize flood damages;

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

e.     new or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination; and

f.     subdivision proposals and other proposed new development located within special flood hazard areas are required to assure that:

(1)   all such proposals are consistent with the need to minimize flood damage;

(2)   all public util5ities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;

(3)   adequate drainage is provided so as to reduce exposure to flood hazards; and

(4)   all proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, must include within such proposals base flood elevation data.

L.    FILLS IN THE FLOODPLAIN.

The desired method of building in the floodplain is to elevate the structure on piers or columns.

Fill material may be deposited provided all of the following are met:

1.    It is approved as essential to the provision of a permitted or conditional property use (see Table 05.220). Such fills shall only be permitted in the floodplain and are prohibited in the floodway.

2.    The fill shall be protected against erosion by riprap, vegetative cover, sheet piling, or bulk-heading sufficient to prevent erosion.

3.    The fill shall be clean and compacted to minimize erosion potential.

4.    There shall be suffient culverts spaced along the length of fills for roads or other essential river crossings to allow flood waters to reach the other side of the fill. Longer bridge spans are preferred to fills. The intent is to maintain water flows through the structure in order to avoid increased floodway velocity.

5.    Compensation shall be made for the volume of fill so that neither cross sectional area decreases nor flood level increases more than one one-hundredth (0.01) foot in off-site flood height.

M.   GENERAL STANDARDS

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

2.    All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A zones is subject to all provisions of this ordinance. If Flood Insurance Study data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources.

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

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

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

b.    Construction with materials resistant to flood damage;

c.     Utilization of methods and practices that minimize flood damages;

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

e.     New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination; and

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

(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 and constructed to minimize or eliminate flood damage;

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

(4)   All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.

5.    Storage, Material, and Equipment

a.     The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.

b.    Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.

6.    Nonconforming Use

A structure, or the use of a structure or premises that was lawful before the passage or amendment of the ordinance, but which is not in conformity with the provisions of this ordinance, may be continued subject to the following conditions:

a.     If such structure, use, or utility service is discontinued for six (6) consecutive months, any future use of the building shall conform to this ordinance.

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 fifty (50) percent of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.

N.    SPECIFIC STANDARDS

1.    In all areas identified as numbered and unnumbered A zones, AE, and AH Zones, where base flood elevation data have been provided, as set forth in Section 05.231 K(2), the following provisions are required:

a.     Residential Construction

New construction or substantial-improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of three (3) feet above base flood elevation. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.

b.    Non-Residential Construction

New construction or substantial-improvement of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of three (3) feet above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer. Such certification shall be provided to the floodplain administrator as set forth in Section 20.350(7)(8)(9).

c.     Require, for all new construction and substantial-improvements, that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

(1)   A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and

(2)   The bottom of all opening shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

O.    MANUFACTURED HOMES

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

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

a.     Outside of a manufactured home park or subdivision;

b.    In a new manufactured home park or subdivision;

c.     In an expansion to and existing manufactured home park or subdivision; or

d.    In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial-damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of three (3) feet above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.

3.    Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A zones, AE and AH zones, on the community’s FIRM, that are not subject to the provisions of Section 05.231 O(2) of this ordinance, be elevated so that either:

a.     The lowest floor of the manufactured home is a minimum of three (3) feet above the base flood level; or

b.    The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.

P.    AREAS OF SHALLOW FLOODING (AO and AH zones)

Located within the areas of special flood hazard as described in Article 2, Section A are areas designated as AO zones. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions apply:

1.    AO Zones

a.     All new construction and substantial-improvements of residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least three (3) feet if no depth number is specified).

b.    All new construction and substantial-improvements of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community FIRM (at least three (3) feet if no depth number is specified) or together with attendant utilities and sanitary facilities be completely floodproofed to that so that the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

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

2.    AH Zones

a.     The specific standards for all areas of special flood hazard where base flood elevation has been provided shall be required as set forth in, Section 05.231 N.

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

Q.    FLOODWAY

Located within areas of special flood hazard established in Section 05.231 D, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:

1.    The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than 0.001 feet at any point.

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

3.    If Section 05.231 Q(2), is satisfied, all new construction and substantial-improvements shall comply with all applicable flood hazard reduction provisions of Section 05.231.

4.    In unnumbered A zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources as set forth in Section 05.231 K(2).

R.    RECREATIONAL VEHICLES

Require that recreational vehicles placed on sites within all unnumbered and numbered A Zones, AE, AH, and AO Zones on the community’s FIRM either:

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

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

3.    Meet the permitting, elevation, and anchoring requirements for manufactured homes of this ordinance.

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

S.    PENALTIES FOR VIOLATION

Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues, shall be considered a separate offense. Nothing herein contained shall prevent the City of Paola or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

T.    AMENDMENTS

The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Paola. At least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the FEMA Region VII office. The regulations of this ordinance are in compliance with the NFIP regulations.

All new construction, subdivision proposals, substantial-improvements, prefabricated structures and other developments shall be prohibited except where approved as essential to the provision of a beneficial property use. In approving any beneficial use permit, in addition to the standards for beneficial uses in Division 21.400, the following standards shall be met.

A.    No structure designed for human habitation shall be permitted in the floodway.

B.    Any occupied residential space shall have its lowest floor, including basement, and lowest opening at least three (3) feet above the flood elevation. All service and utility connections such as water, sewer, gas, and electrical and heating equipment shall be similarly located, or buried with adequate cover to prevent erosion.

C.    New non-residential construction or substantial-improvement of any commercial, industrial, or other non-residential structures, shall have the lowest floor, including basement, elevated 3 feet above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator.

D.    All development approved under a beneficial use permit shall meet the standards in Section 05.231 B. 5, 6,and 7 above for structural integrity.

E.    Storage, material, and equipment

1.    The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.

2.    Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.

F.    Parking

1.    Parking may be located within the floodplain provided that the depth of water shall not exceed six (6) inches, except as provided in b. below.

2.    Recreational areas that may be closed to access during flooding and are closed to access on a nightly basis may be approved provided the depth of water does not exceed three (3) feet.

3.    Areas below lowest floor used solely for parking of vehicles, building access, and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of 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.     A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; and

b.    the bottom of all 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.

G.    Fills in Floodplains. The desired method of building in the floodplain is to elevate the structure on piers or columns. Fill material may be deposited provided all of the following are met:

1.    It is approved as essential to the provision of a beneficial property use (see Division 21.400). Such fills shall only be permitted in the floodplain and never permitted in the floodway.

2.    No fill shall be in or within twenty (20) feet of the floodway or within 20% of the distance between the outside edge of the floodway, and the outside edge of the floodplain, whichever is greater,

3.    The fill shall be protected against erosion by riprap, vegetative cover, sheet piling, or bulk-heading sufficient to prevent erosion.

4.    The fill shall be clean and compacted to minimize erosion potential.

5.    Compensation shall be made for the volume of fill so that neither cross sectional area decreases nor flood level increases more than one one-hundredth (0.01) foot in off-site flood height.