§ 27-550. General provisions.

(a)

Lands to which this subdivision applies. This subdivision shall apply to all lands within the jurisdiction of the city identified as numbered and unnumbered A zones, AE, AO, and AH zones, on the index map dated September 2, 2015 of the flood insurance rate map (FIRM) as amended and any future revisions thereto. In all areas covered by this subdivision, no development shall be permitted except through the issuance of a floodplain development permit, granted by the unified government board of commissioners or its duly designated representative under such safeguards and restrictions as unified government board of commissioners or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in this subdivision.

(b)

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 subdivision and other applicable regulations.

(c)

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 All other ordinances inconsistent with this subdivision are hereby repealed to the extent of the inconsistency only.

(d)

Interpretation. In their interpretation and application, the provisions of this subdivision 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.

(e)

Warning: Disclaimer of liability. The degree of flood protection required by this subdivision 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 subdivision 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 subdivision shall not create a liability on the part of the unified government, any officer or employee thereof, for any flood damages that may result from reliance on this subdivision or any administrative decision lawfully made there under.

(f)

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

(Ord. No. O-41-15 , § 1, 7-30-2015)