HomeMy Public PortalAboutOrd 115 Floodway & Fringe Dst
'PUBLISHED IN 'tHE DAILY REPORtER TIm ) g-l~ _DAY OF MARCH, 1987)
THE CITY OF BEL AlRE, KANSAS
ORDINAMCE NO. II... cJ
AN ORDINANCE CREATING FLOODWAY AND
FLOOOWAY FRINGE DISTRICTS O!rINING
THE SAME AND SETTING FORTH REGULATIONS
THEUOF.
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BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS:
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSES
1.1 STATUTORY AUTHORIZATION.
The legislature of the State of Kansas has in K.S.A. 12-734 and
12-735 delegated the responsibility to local governmental units
to adopt zoning regulations designed to protect the health,
safety and general welfare. Thereof, the City Council of Bel
Aire, Kansas ordains as follows:
1.2 FINDINGS OF FACT.
1.21 Flood Losses Resulting From Periodic Inundation.
The flood hazard areas of Bel Aire, Kansas 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.
1.22 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, 2). The occupancy of flood hazard
areas by uses vulnerable to floods or hazardous to others
which are inadequately elevated in otherwise unprotected
from flood damages.
1.23 Methods Used to Analyze Flood Hazards.
This ordinance uses a reasonable method of analyzing flood
hazards which consists of a series of interrelated steps.
A. Selection of a regulatory 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 regulatory flood selected for this
ordinance is representative of large floods 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 anyone year, as delineated on the Federal Insurance
Administration's Flood Insurance Study, and illustrative
materials dated March 1987 as ammended.
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B. Calculation of water surface prof~les based upon a
hydraulic engineering analysis of the capacity of the
stream channel and overbank areas to convey the
regulatory flood.
C. Computation of the floodway required to convey this
flood without increasing flood heights more than one
(1) foot at any point.
D. Delineation of floodway encroachment lines within
which no obstruction is permitted which would cause
any increase in flood height.
E. Delineation of floodway fringe, i.e., that are outside
the floodway encroachment lines but which still is
subject to inundation by the regulatory floods.
1.3 STATEMENT OF PURPOSE.
It is the purpose of this ordinance to promote the public health,
safety and general welfare and to minimize those losses described
in Section 1.21 by applying the provision of this ordinance to:
1.31 Restrict or prohibit uses which are dangerous to health,
safety or property in time of flooding or causes undue
increases in flood heights or velocities.
1.32 Require that uses vulnerable to floods, including public
facilities which serve such uses, be provided with flood
protection at the time of initial construction.
1.33 Protect individuals from buying lands which are unsuited
for intended purpose because of flood hazard.
1.34 Assure that eligibility is maintained for property owners
in the connnunity to purchase flood insurance in the
National Flood Insurance Program.
SECTION 2.0 DEFINITIONS
Unless specifically defined below, words or phrases used in this
ordinance shall pe interpreted so as to give them the meaning
they have in connnon usage and to give this ordinance its most
reasonable application.
"Actuarial or Risk Premil.U1l Rates" means those rates established
by the Administrator pursuant to individual connnunity 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.
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"Appeal" means a request for a review of the Planning and
Zoning Commission's interpretation of any provision of this
ordinance or a request for a variance.
"Area of Shallow Flooding" means a designated area on a
community's Flood Insurance Rate Map (FIRM) with a one (1)
percent or greater annual chance of flooding to an average
depth of one (1) to three (3) teet where a clearly defined
channel is unpredictable and where velocity flow may be
evident. Such flooding is characterized by ponding or
sheet flow.
"Area of Special Flood Hazard" is the land in the flood plain
within a community subject to one (1) percent or greater chance
of flooding in any given year.
"Base Flood" means the flood having one (1) percent chance of
being equalled or exceeded in any given year.
"Development" means any man-made change to improve or unimprove
real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations.
"Existing Construction" means (for purpose of determining rates)
structure for which the "start of construction" commenced before
the effective date of the FIRM. "Existing construction" may also
be referred to as "existing structure".
"Flood " or "Flooding" means a general and temporary condition
of partial or complete inundation of normally dry land areas from:
(1) The overflow or inland or tidal waters
(2) The unusual and rapid accumulation or runoff of
surface waters from any source.
"Flood Insurance Rate Ma~" (FIRM) means an official map of a
community, on which the lood Insurance Study has delineated the
Flood Hazard Boundries and establishing insurance rates applicable
to the community.
"Flood Insurance, Study" is the official report provided by the
Federal Emergency Management Agency. The report contains flood
profiles, as well as the Flood Boundry Floodway Map and the
water surface elevation of the base flood.
"Floodway" or "Regulatory Floodway" means 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 (l) foot.
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"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 change of
flood occurrence in anyone year).
"Freeboard" means 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 bridge openings, and the hyrological
effect of urbanization of the watershed.
"Highest Adjacent Grade" means the highest natural elevation of
the ground surface prior to construction next to the proposed
walls of a structure.
"Manufactured Home" means a structure, transportable in one or
more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when
connected to the required utilities. For flood plain management
purposes the term "manufactured home" also includes park trailers,
travel trailers and other similar vehicles placed on a site for
greater use than 180 consecutive days. For insurance purposes
the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
"Manufactured Home Park or Subdivision" means a parcel (or
contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
"New Construction" means structures for which the "start of
construction" or substantial improvement is commenced on or
after the effective date of the FIRM.
"Start of Construction" (for other than new construction or
substantial improvement under the Coastal Barrier Resources Act
(Pub 1. 97-348) includes substantial improvement, and means the
date the building permit was issued, provided the actual start
of construction, repair, reconstruction, placement or other
improvement was within 180 days of the permit date. The actual
start means the first placement of permanent 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 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 part of the main structure.
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"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.
"Structure" means a walled and roofed building that is principally
above ground, as well as a manufactured home, and a gas or liquid
storage tank that is principally above ground.
"Substantial Improvements" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds
twenty-five (25) 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. For purposes 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 affect 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 conditions,
or (2) any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
"Variance" is a grant of relief to a person from the requirement
of this ordinance which permits construction in a manner otherwise
prohibited by this ordinance where specific enforcement would
result in unneccessary hardship.
SECTION 3.0 GENERAL PROVISIONS.
3.1 LANDS TO WHICH ORDINANCE APPLIES.
This ordinance shall apply to all lands within the jurisdiction
of the City of Bel Aire, Kansas identified on the Flood Insurance
Rate Map (FLRM) as zonesAE: The zoning districts FW
(floodway) and FF (floodway fringe) established in section 5.0
of this ordinance are shown as one and the same on the firm due
to the scale and limitations of the map. In all areas covered
by this ordinance no development shall be permitted without a
building permit approved by the Planning and Zoning Commission
or under such safeguards and restriction as the City Councilor
Planning and Zoning Commission may reasonably impose for the
promotion and maintenance of the general welfare, health of
the inhabitants of the community and where specifically noted
in Sections 6.0, 7.0 and 8.0.
3.2 THE ENFORCEMENT OFFICER.
An Enforcement Officer shall be appointed by the City Council
and is hereby designated as the communities duly designated
Enforcement Officer under this Ordinance.
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3.3 RULES FOR INTERPRETATION OF DISTRICT BOUNDRIES.
The boundries of the floodway and floodway fringe 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 the exact
location of the boundries of the districts as shown on the
official zoning map, as for example where there appears to
be a conflict between mapped boundry and actual field
conditions, the Planning and Zoning Commission shall make
the necessary interpretation. In such cases where the
interpretation is contested, the Board of Zoning Appeals will
resolve the dispute. The regulatory flood elevation for the
point in question shall be the governing factor in locating
the district boundry on the land. The person contesting the
location of the district boundry shall be given a reasonable
opportunity to present his case to the Board and to submit
his own technical evidence if he so desires.
3.4 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 Ordinance
and other applicable regulations.
3.5 ABROGATION AND GREATER RESTRICTIONS.
It is not intended by this Ordinance to repeal, abrogate or
impair any existent easements, convenants or deed restrictions.
However, where this Ordinance imposes greater restrictions, the
provision of this Ordinance shall prevail. All other ordinances
inconsistent with this Ordinance are hereby repealed to the
extent of the inconsistency only.
3.6 INTERPRETATION.
In their interpretation and application, the prov~s~ons of this
Ordinance shall be held to be minimum requirements and 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 state statutes.
3.7 WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance is
considered reasonable for regulatory purpose 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 ordinance does not imply that areas
outside floodway and floodway fringe district boundried or land
uses permitted within such districts will be free from flooding
and flood damages. This ordinance shall not create liability
on the part of Bel Aire, Kansas or any officer or employee
thereof for any flood damages that may result from reliance on
this ordinance or any administrative decision lawfully made
thereunder.
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3.8 SEVERABILITY.
If any section, clause, prov1s1on or portion of this ordinance
is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this ordinance shall not be
affected thereby.
3.9 APPEAL.
Where a request for a permit to develop or a variance is denied
by the Planning and Zoning Commission the applicant may apply
for such permit or variance directly to the Board of Zoning Appeals.
SECTION 4.0 DEVELOPMENT PERMIT.
4.1 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 this
Section and Section 2.0.
4.11 Any person, firm or corporation initiating development
or substantial improvement or cause the same to be done
without first obtaining a permit shall be liable as
specified in Section 11.0. Fines for violation does not
eliminate the requirement for a permit and associated costs
as called for in 4.1 above.
4.2 ADMINISTRATION.
A. The City Clerk is hereby appointed to administer and
implement the provisions of this ordinance.
B. Duties of the City Clerk shall include, but not be limited
to:
1. Review all building/development permit requests to
assure that review and approval was obtained from the
Planning and Zoning Commission and that all permit
requirements of this ordinance have been satisfied.
2. Review 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. Notify adjacent communities and the State of Kansas
prior to any alteration or relocation of a watercourse,
and shall submit evidence of such notification to the
Federal Emergency Management Agency.
4. Maintain records that document maintenance as defined
in Section 4.4 is performed within that area identified
as floodway on the Flood Insurance Rate Map.
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5. 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. Elevation shall
be certified by a registered professional engineer
or architect.
6. When floodproofing is utilized for a particular structure
the City Clerk shall be presented certification from a
registered professional engineer or architect.
7. 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
floodproofed.
4.3 APPLICATION FOR PERMIT.
To obtain a permit, the applicant shall first file an application
in writing on a form furnished for that purpose to the Planning
and Zoning Commission. Every such applicant shall:
Be signed by the permitee or his authorized agent who may
be required to submit evidence to indicate such authority.
Give such other information as reasonably may be required
by the Planning and Zoning Commission.
If accepted, the application will be forwarded to the
City Clerk.
4.4 MAINTENANCE OF FLOODWAY.
4.31
4.32
4.33
4.34
4.35
4.36
4.37
Identify and describe the work to be covered by the permit.
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.
Indicate the use or occupancy for which the proposed work
is intended.
Be accompanied by plans and specification for proposed
construction.
The flood plain areas must be maintained to assure proper flow
of water run off and no increase in the possibility of flooding.
4.41 The City Engineer will develop an annual plan for
maintenance of the flood plain areas and submit to the
City Council for approval and funding.
4.42 The City Maintenance Department will be responsible for
implementing the plan for maintenance of the floodway.
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SECTION S.O ESTABLISHMENT OF ZONING DISTRICTS.
The mapped flood plain areas within the jurisdiction of this
ordinance are hereby divided into the two following districts:
A floodway overlay district (FW) and a f,loodway fringe overlay
district (FF) identified in the Flood Insurance Study (and
accompanying maps). Within these districts all uses not
meeting the standards of this ordinance and those standards of the
underlying zoning district shall be prohibited. These zones shall
be consistent with AE zones as identified on the official firm and
identified in the Flood Insurance Study provided by the Federal
Emergency Management Agency. '
SECTION 6.0 STANDARDS FOR THE FLOODWAY AND FLOOWDAY FRINGE DISTRICT.
6.1 No permit for development shall be granted for new construction,
substantial improvements and other improvements including the
placement of manufactured homes within all AE zones unless the
conditions of this section are satisfied.
6.2 The shaded areas identified as X zones on the FIRM are areas of
SOD-year flood or areas of IOO-year flooding where average
depths are less than one (1) foot. These zones will be subject
to all development provision of this ordinance.
6.3 New construction, subdivision proposals, substantial improvements>>
prefabricated building, placements of manufactured homes and
other developments shall require:
6.31 Design or anchorage to prevent flotation, collapse or
laterial movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects
of buoyancy.
6.32 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
fram the systems into flood waters, and on-site waste disposal
systems be located so as to avoid impairment or contamination.
6.33 Construction with materials resistant to flood damage,
utilizing methods and practices that minimize flood damages,
and with electrical, heating, ventilation, plumbing and
air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water
from entering or accumulating within the components during
conditions of flooding.
6.34 All utility and sanitary facilities be elevated or flood-
proofed up to the regulatory flood protection elevation.
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6.35 No development, including landfill, may be permitted within
zones AE on the city's FIRM unless the applicant for
the land use has demonstrated that the proposed use, when
combined with all other existing 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 1.23 (A) of this
ordinance.
6.36 Storage and Material and Equipment.
A. 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.
B. Storage of other material or equipment may be allowed if
not subject to major damage of floods and firmly anchored
to prevent flotation or if readily removable from the area
within the time available after flood warning.
6.37 Subdivision proposals and other proposed new development,
including manufactured home parks or subdivisions, be
required to assure that (a) all such proposals are
consistent with the need to minimize flood damage, (b) all
public utilities and facilities, such as sewer, gas,
electrical and water systems be located, elevated and constructe
to minimize or eliminate flood damage, (c) adequate drainage
is provided so as to reduce exposure to flood hazards, and
(d) proposals for development (including proposals for
manufactured home parks anq subdivisions), of five (5)
acres or fifty (50) lots, whichever is lesser, include
within such proposals the regulatory flood elevation.
SECTION 7.0 FLOODWAY FRINGE OVERLAY DISTRICT.
7.1 PERMITTED USES.
Any use permitted in Section 8.0 shall be permitted in the Floodway
Fringe Overlay District. No use shall be permitted in the district
unless the standards of Section 6.0 are met.
7.2 STANDARDS FOR THE' FLOODWAY FRINGE OVERLAY DISTRICT.
7.21 Require new construction or substantial improvement of residential
structures to have the lowest floor, including basement, elevated
to one foot/feet above the base flood elevation.
7.22 Require new construction or substantial improvements on non-
residential structures to have the lowest floor, including
basement, elevated to one foot/feet above the base flood
elevation or, together with attendent utility and sanitary
facilities to be floodproofed so that below such a level the
structure is water tight with wall substantially impermeable
to the passage of water and with structural components having
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the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. A registered professional. engineer .
or architect shall certify that the standards of th~s subsect~on
are satisfied. Such certification shall be provided to the
official as set forth in Section 4.2 B6.
7.23 Require for all new construction and substantial improvements that
fully enclosed areas below the lowest floor 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 minlmun criteria: A minimum of
two 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. The bottom of all openings 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 floodwaters.
7,2~ Manufactured Homes
A. All manufactured homes shall be anchored to resist flotation
collapse, or lateral movement. Manufactured homes must be
anchored in accordance with local building codes or FEMA
guidelines. In the event that over-the-top frame ties
to ground anchors are used, the following specific
requirements' (or their equiv~lent) shall be met:
(1) over-the-top ties be provided at each of the four
corners of the manufactured home, with two additional
ties per side at intermediate locations and
manufactured homes less than fifty (SO) feet long
requiring one additional tie p~r side;
(2) frame ties be provided at each corner of the home
with five additional ties per side at intermediate
points and manufactured homes less than fifty (SO)
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
(~) any additions to manufactured homes be similarly
anchored.
B. Require that all manufactured homes to be placed within
Zones AE on the community's FI&~ be elevated on a
permanent foundation such that the lowest floor of the
manufactured home is at or above the base flood elevation;
and be securely anchored to an adeq~tely anchored foundation
system in accordance with the provisions of Section 7.2SA.
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SECTION 8.0 FLOODWAY DISTRICT.
8.1 PERMITTED USES.
Only uses having a low flood-damage potential and not-obstructing'
flood flows shall be permitted within the Floodway District to the
extent that they are not prohibited by any other ordinance. All
encroachments, including fill, new construction, substantial
improvements and other developments must be prohibited unless
certification by a professional registered engineer or architect
is provided demonstrating that encroachment shall not result in
any increase in flood levels during occurrence of the base flood
discharge. No use shall increase the flood levels of the
regulatory flood elevation. These uses are subject to the
standards of Section 6.0 and 7.0.
8.11 Agricultural uses such as general farming, pasture, nurseries,
forestry.
8.12 Residential uses such as lawn, gardens, parking and play areas.
8.13 Non-residential areas such as loading areas, parking, airport
landing strips.
8.14 Public and private recreational uses such as golf courses,
archery ranges, picnic grounds, parks, wildlife and nature
preserves.
8.15 In Zone AE, obtain, review and reasonably utilize any
floodway data available through Federal, State or other
sources or Section 6.37(d) of this ordinance, in meeting
the standards of this section.
SECTION 9.0 VARIANCE.
9.1 Where by reason of exceptional narrowness, shallowness, shape of
topography, or by extraordinary or exceptional situation or
condition of a specific piece of property, the strict application
of any provision of this ordinance would result in the peculiar and
exceptional hardship upon the owner or 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:
9.11 The structure is to be erected on a lot of one half acres
or less in size and such lots is contiguous to and
surrounded by lots with existing structures constructed
below the regulatory flood protection elevation.
9.12 The structure is listed on the National Register of Historic
Places or the State Inventory of Historic Places to be
restored or reconstructed.
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9.2 Variances shall not be issued except upon (a) a showing of good
and sufficient cause, (b) a determination tliat 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 nusiances, cause fraud on or
victimization of the public, or conflict with existing local or
state laws or ordinances.
9.3 Variances may only be issued upon determination that the applicant
requesting a variance shall meet the minimum necessary standards
of this ordinance to afford relief.
9.4 .The applicant will be notified that .the' issuance. ofa
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.
SECTION 10.0 NON-CONFORMING USE.
10.1 A structure or the use of a structure or premises which 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:
10.11 No such use or substantial improvement of that use shall be
expanded, changed, enlarged or altered in a way which
increases its nonconformity.
10.12 If such use is discontinued for 12 consecutive months, any
future use of the building premises shall conform to this
ordinance. The Utility Department shall notify the City
Clerk in writing of instances of nonconforming uses where
utility services have been discontinued for a period of
12 months.
10.13 Uses or adjuncts thereof which are or become nuisances
shall not be entitled to continue as nonforming uses.
10.2 If any nonconforming uses of structure is destroyed by any
means including flood, it shall not be reconstructed if the
cost is more than fifty (50) percent of the market value of
the structure before the damage occurred except that if it is
reconstructed in conformity with the provision of this ordinance.
This limitation does not include the cost of any alteration to
comply with existing state or local health, sanitary, building
or safety codes or regulations or the cost of any alteration of
a structure listed on the National Register of Historic Places or
a State Inventory of Historic Places.
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SECTION 11.0 PENALITIES 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 grants or variances
of special exception) 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 less
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 Bel Aire or
other appropriate authority from taking such other lawful actions
as is necessary to prevent or remedy any violation.
SECTION 12.0 AMENDMENTS.
The regulations, restrictions, and boundries 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 in interest and citizens shall
have an opportunity to be heard. At least (20) days notice of the
time and place of such hearing shall be published in a newspaper
of general circulation in -the City of Bel Aire. A copy of such
amendments will be provided to the Federal Emergency Management
Agency and the State of Kansas. The regulations of this
ordinance are in compliance with the National Flood Insurance
Program Regulations.
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SECTION 13.0 EFFECTIVE DATE.
This ordinance shall take effect and be in force from and after its
publication in the official City Newspaper.
Passed by the City Council this
/ 7d day of March, 1987.
Approved by the Mayor this.
J;JB
day of March, 1987.
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Mayor of Bel A~re, Kansas
Attest:
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City erk
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