A. Establishment of a Development Permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 15.48.060(B) of this chapter. No person or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for each development as defined in Section 15.48.050 of this chapter. Application for a development permit shall be made on forms furnished by the city engineer/inspector and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, locations, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

2. Elevation in relation to mean sea level to which any non-residential structure is to be flood-proofed;

3. Certification from a registered professional engineer or architect that the non-residential flood-proofed structure will meet the flood-proofing criteria in Section 15.48.080 (C)(2) of this chapter;

4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

B. Designation of the Local Administrator. The city engineer/inspector is appointed to administer and implement the provisions of this chapter by granting or denying development permit applications in accordance with its provisions.

C. Duties and Responsibilities of City Engineer/Inspector. Duties of the city engineer/inspector shall include but not be limited to:

1. Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this chapter have been satisfied;

2. Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local government agencies which prior approval is required;

3. When base flood elevation data has not been provided in accordance with Section 15.48.060(B) of this chapter, then the city engineer/inspector shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of Section 15.48.080 of this chapter;

4. Verify, record and maintain record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures;

5. Verify, record and maintain record of the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood-proofed;

6. When flood-proofing is utilized for a particular structure, the city engineer/inspector shall obtain certification from a registered professional engineer or architect;

7. Notify adjacent communities and the Kansas State Board of Water Resources prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Emergency Management Agency;

8. Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished;

9. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the city engineer/inspector shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter.

D. Variance Procedures.

1. The board of zoning appeals as established by the city shall hear and decide appeals and request for variances from the requirements of this chapter.

2. The board of zoning appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the city engineer/inspector in the enforcement or administration of this chapter.

3. Any person aggrieved by the decision of the board of zoning appeals or any taxpayer may appeal such decision to the municipal court as provided by law.

4. In passing upon such applications, the board of zoning appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

a. The danger that materials may be swept onto other lands to the injury of others;

b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. The importance of the services to be provided by the proposed facility to the community;

e. The necessity to the facility of a waterfront location, where applicable;

f. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

g. The compatibility of the proposed use with existing and anticipated development;

h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i. The safety of access to the property in times of flood for ordinary and emergency vehicles;

j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

k. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

5. Conditions for Variances.

a. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base filled level, providing items (b) through (f) of this subdivision have been fully considered. As the lot size increases beyond the one-half acre, the technical jurisdiction required for issuing the variance increases.

b. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

c. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

d. Variances shall only be issued upon a determination of the minimum necessary, considering the flood hazard, to afford relief.

e. Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

f. A community shall notify the applicant in writing over the signature of a community official that: (i) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) on insurance coverage; and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this chapter. (Ord. G-898 §§ 3, 4, 2001; Ord. G-799 § 17, 1995: prior code § 18-607)