(a) The legislature of the State of Kansas has in K.S.A. 12-707 et seq. delegated the responsibility to local governmental units to adopt zoning regulations designed to protect the health, safety and general welfare.
(b) It is the purpose of this article to promote the public health, safety and general welfare and to minimize those losses described in section 16-402(a) by applying the provisions of this article to:
(1) Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.
(2) Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.
(3) Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.
(4) Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program.
(Ord. 010-1979-034, Sec. 1.1, 1.3)
(a) The flood hazard areas of the city 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.
(b) These flood losses are caused by (1) the cumulative effective 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 or otherwise protected from flood damages.
(c) This article uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps.
(1) 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 article is representative of large floods which are reasonably characteristic of what can be expected to occur on the particular streams subject to this article. 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 administration’s flood insurance study, and illustrative materials dated November 1, 1979, as amended.
(2) Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
(3) Computation of the floodway required to convey this flood without increasing flood heights more than one foot at any point.
(4) Delineation of floodway encroachment lines within which no obstruction is permitted which would cause any increase in flood height.
(5) Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines but which still is subject to inundation by the regulatory flood.
(Ord. 010-1979-034, Sec. 1.2)
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application.
(a) Actuarial or Risk Premium Rates - Those rates established by the administrator pursuant to individual community 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.
(b) Appeal - A request for a review of the city administrator’s interpretation of any provision of this article or a request for a variance.
(c) Area of Special Flood Hazard - The land in the flood plain within a community subject to one percent or greater chance of flooding in any given year.
(d) Base Flood - The flood having a one percent chance of being equaled or exceeded in any given year.
(e) Channel - A natural or artificial watercourse or perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow, thus is that water which is flowing within the limits of a defined channel.
(f) Development - 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.
(g) Existing Construction - For the purposes of determining rates means structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRM’s effective before that date. Existing construction may also be referred to as existing structures.
(h) Flood or Flooding - A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source.
(i) Flood Elevation Determinations - A determination of the water surface elevations of the 100 year flood, that is, the level of flooding that has a one percent chance of occurrence in any given year.
(j) Flood Insurance Rate Map (FIRM) - An official map of a community, on which the Flood Insurance Study has delineated the Flood Hazard Boundaries and the zones establishing insurance rates applicable to the community.
(k) Flood Insurance Study (FIS) - The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.
(l) Flood Plain Management - The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and flood plain management regulations.
(m) Flood Protection Systems - Those physical structural works constructed specifically to modify flooding in order to reduce the extent of the are within a community subject to a special flood hazard. These specialized modifying works are limited t those constructed in conformance with solid federal engineering standards.
(n) Flood Proofing - Any combination of structural and nonstructural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.
(o) Floodway or Regulatory Floodway - The channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(p) Floodway Fringe - 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 percent chance of flood occurrence in any one year).
(q) Freeboard - 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 hydrological effect of urbanization of the watershed.
(r) Highest Adjacent Grade - The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(s) Lowest Floor - The lowest floor of the lowest enclosed area (including the basement) of any structure. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the application non-elevated design requirements of these regulations.
(t) Manufactured Home - A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used 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 than 180 consecutive days. For insurance purposes the term manufactured home does not include park trailers, travel trailers, and other similar vehicles.
(u) Manufactured Home Park (Subdivision) - A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this article.
(v) New Construction - Structures for which the start of construction or substantial improvement is commenced on or after the effective date of the FIRM.
(w) Overlay District - A district in which additional requirements act in conjunction with the underlying zoning district(s). The original zoning district designation does not change.
(x) Regulatory Flood Elevation - The RFE indicated on the FIRM as the elevation of the 100 year flood.
(y) Regulatory Flood Protection Elevation - An elevation one foot higher than the water surface elevation of the regulatory flood.
(z) Start of Construction - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348) includes substantial improvement) - 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 slabs or footings 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 as part of the main structure.
(aa) Structure - 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.
(ab) Substantial Improvement - Any structure that is:
(1) Listed individually in the National Register of Historic Place or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 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 of the Interior to qualify as a registered historic district;
(3) Individually listed on the State inventory of historic places in Kansas through the Kansas Historic Preservation Commission as approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either
(i) By an approved state program as determined by the Secretary of the Interior.
(ii) Directly by the Secretary of the Interior in the case the state’s program is not recognized.
(ac) Substantial Damage - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(ad) Substantial Improvement - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 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 a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.
(af) Variance - A grant of relief to a person from the requirements of this article which permits construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship.
(Ord. 010-1993-087, Sec. 1; Ord. 010-1995-095)
This article shall apply to all lands within the jurisdiction of the city identified on the flood insurance rate map (FIRM) as numbered and unnumbered “A Zones” (including AE, AO, and AH zones) and within the zoning districts FW and FF established in section 16-418 of this article. In all areas covered by this article no development shall be permitted except upon a permit to develop granted by the city council or its duly designated representative under such safeguards and restrictions as the council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the city and where specifically noted in section 16-419:421.
(Ord. 010-1987-063, Sec. 2.1)
The city administrator of the city is hereby designated as the enforcement officer under this article.
(Ord. 010-1979-034, Sec. 2.2)
The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the enforcement officer 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 boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his or her case to the board and to submit his or her own technical evidence, if he or she so desires.
(Ord. 010-1979-034, Sec. 2.3)
No development located within known flood hazard areas of the city shall be located, extended, converted or structurally altered without full compliance with the terms of this article and other application regulations.
(Ord. 010-1979-034, Sec. 2.4)
It is not intended by this article to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail. All other provisions of this code inconsistent with this article are hereby repealed to the extent of the inconsistency only.
(Ord. 010-1979-034, Sec. 2.5)
In their interpretation and application, the provisions of this article 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.
(Ord. 010-1979-034, Sec. 2.6)
The degree of flood protection required by this article 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 height may be increased by man made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside floodway and floodway fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damages. This article shall not create liability on the part of the city or any officer or employee thereof for any flood damages that may result from reliance on this article or any administrative decision lawfully made thereunder.
(Ord. 010-1979-034, Sec. 2.7)
(a) The city administrator is hereby appointed to administer and implement the provisions of this article.
(b) Duties of the city administrator 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 article 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 Kansas Board of Agriculture prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Insurance Administration.
(4) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.
(5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improve structures.
(6) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed.
(7) When floodproofing is utilized for a particular structure the city administrator shall be presented certification from a registered professional engineer or architect.
(8) 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 building 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 article.
(9) When base flood elevation data has not been provided the building inspector shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source.
(10) All records pertaining to the provisions of this article shall be maintained in the office of the city clerk and shall be open for public inspection.
(Ord. 010-1979-034, Sec. 3.2)
No person, firm or corporation shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate development permit for each such building or structure.
(Ord. 010-1979-034, Sec. 3.1)
To obtain a permit, the applicant shall first file an application in writing on a form furnished by the city clerk for that purpose. Every such application shall:
(a) Identify and describe the work to be covered by the permit;
(b) 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;
(c) Indicate the use or occupancy for which the proposed work is intended;
(d) Be accompanied by plans and specifications for proposed construction;
(e) Be signed by the permittee or his or her authorized agent who may be required to submit evidence to indicate such authority;
(f) Give such other information as reasonably may be required by the planning commission.
(Ord. 010-1979-034, Sec. 3.3)
(a) The board of zoning appeals of the city shall hear and decide appeals and requests for variances from the requirements of this article and shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city administrator in the enforcement or administration of this article.
(b) Any person aggrieved by the decision of the board of zoning appeals may appeal such decision to the district court of Harvey County, Kansas.
(Ord. 010-1987-063, Sec. 8.1:8.3)
In passing upon such applications, the board shall consider all technical evaluations, all relevant factors, standards specified in this article, 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 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 flood plain 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.
(Ord. 010-1987-063, Sec. 8.4)
(a) 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 flood level, providing subsections (b):(f) below, have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d) Variances shall only be issued upon (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creation of nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(e) Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increase risk resulting from the reduced lowest floor elevation.
(f) 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.
(Ord. 010-1987-063, Sec. 8.5)
The appeal procedure for this article shall be the same as that set forth in Article X of the zoning ordinances of the city incorporated by reference in section 16-201 of this code.
(Ord. 010-1979-034, Sec. 2.9; Code 1990)
The mapped flood plain areas within the jurisdiction of this article are hereby divided into two districts: a floodway overlay district (FW) and a floodway fringe overlay district (FF), identified in the flood insurance study (and accompanying map(s)). Within these districts all uses not meeting the standards of this article and those standards of the underlying zoning district shall be prohibited. These zones shall be consistent with the numbered and unnumbered “A Zones” (including AE, AO, and AH zones) as identified on the official FIRM and identified in the flood insurance study provided by the federal insurance administration.
(Ord. 010-1987-063, Sec. 4.0)
(a) No permit for development shall be granted for new construction, substantial improvements and other improvements including the placement of manufactured homes within all numbered and unnumbered “A Zones” (including AE, AO, and AH zones) unless the conditions of this section are satisfied.
(b) All areas identified as unnumbered “A Zones” on the FIRM are subject to inundation of the 100-year flood; however, the water surface elevation was not provided. The unnumbered “A Zones” shall be subject to all development provisions of this article. If flood insurance study data is not available the community shall utilize any base flood elevation or floodway data currently available from federal, state or other sources.
(c) New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of manufactured homes and other developments shall require:
(1) Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) New or replacement water supply systems and/or sanitary sewage systems be designated to minimized or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters, and on-site water disposal systems be located so as to avoid impairment or contamination;
(3) 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 designated and/or located so as to prevent water from entering or accumulating within components during conditions of flooding;
(4) All utility and sanitary facilities be elevated or floodproofed up to the regulatory flood protection elevation;
(5) That until a floodway has been designated, no development, including landfill, may be permitted within Zones A1 30 and 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 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;
(6) 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 by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.
(Ord. 010-1979-034, Sec. 5.3; Ord. 010-1987-063, Sec. 5.3)
Any use permitted in section 16-421 shall be permitted in the floodway fringe overlay district. No use shall be permitted in the district unless the standards of section 16-419 are met.
(a) Residential Construction - New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
(b) Non-Residential Construction - New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is water tight 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 as provided in section 16-411.
(c) Fully Enclosed Areas - All new construction and substantial improvements that fully enclose 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 minimum criteria; 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. 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.
(d) AH Zones - 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) Manufactured Homes -
(1) 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 flooding specific requirements (or their equivalent) shall be met:
(A) over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side;
(B) frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side;
(C) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and,
(D) any additions to the mobile home be similarly anchored.
(2) All manufactured homes shall be placed within A1 30, AH, and AE Zones on the community’s FIRM. All manufactured homes 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 shall be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (e)(1).
(Ord. 010-1979-034, Sec. 6; Ord. 010-1987-063, Sec. 6)
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 encroachments 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 sections 16-419:420.
(a) Agricultural uses such as general farming, pasture, nurseries, forestry.
(b) Residential uses such as lawns, gardens, parking and play areas.
(c) Non-residential areas such as loading areas, parking, airport landing strips.
(d) Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves.
(e) In Zone A unnumbered, obtain, review and reasonably utilize any floodway data available through federal, state or other sources or section 15-422, in meeting the standards of this section.
(Ord. 010-1979-043, Sec. 7; Ord. 010-1987-063, Sec. 7)
(a) All subdivision proposals and other proposed new development including manufactured home parks or subdivisions shall: (1) be consistent with the need to minimize flood damage; (2) have the public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; and (3) have adequate drainage provided to reduce exposure to flood hazards.
(b) Base flood elevation data shall be provided for subdivision proposals and other proposed development including manufactured home parks which is greater than the lesser of 50 lots or five acres.
(Ord. 010-1987-063, Sec. 5.3)
(a) A structure or the use of a structure or premises which was lawful before the passage or amendment of this article but which is not in conformity with the provisions of this article may be continued subject to the following conditions:
(1) If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this article. The city clerk shall notify the city administrator in writing of instances of nonconforming uses where utility services have been discontinued for a period of 12 months.
(2) Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.
(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 50 percent of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this article. 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.
(Ord. 010-1979-034, Sec. 9; Ord. 010-1987-063, Sec. 9.0)
(a) Violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
(b) Nothing herein contained shall prevent the governing body or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 010-1979-034, Sec. 10)
The regulations, restrictions, and boundaries set forth in this article 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 15 days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. The regulations of this article are in compliance with the National Flood Insurance Program Regulations.
(Ord. 010-1987-063, Sec. 11)
If any section, clause, provision or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby.
(Ord. 010-1979-034, Sec. 2.8)