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City Code CHAPTER XVI. ZONING AND PLANNING

CHAPTER XVI. ZONING AND PLANNING

February 02, 2016

CHAPTER XVI. ZONING AND PLANNING

June 05, 2001

 

 

Article 1. City Planning Commission/ Board of Zoning Appeals

Article 2. Zoning Regulations

Article 3. Subdivision Regulations

Article 4. Flood Plain Zoning

 

 

 

ARTICLE 1. CITY PLANNING COMMISSION/ BOARD OF ZONING APPEALS

 

16-101. COMMISSION RE-ESTABLISHMENT. There is hereby re-established the Eureka City Planning Commission which is composed of seven members of which five members shall be residents of the city and two members shall reside outside the city, but within the designated planning area of the city which is within at least three miles of the corporate limits of the city. (Code 1993)

 

16-102. MEMBERSHIP, TERMS, INTEREST AND COMPENSATION. The members of the planning commission shall be appointed by the mayor with the consent of the governing body at the first regular meeting of the governing body in May of each year and take office at the next regular meeting of the commission. All members shall be appointed for staggered terms of three years each. The appointments shall be so made that the terms of office of the members residing outside of the corporate limits of the city do not expire within the same year. By the re establishment of the commission, all current members continue to serve their present terms of office. In case of death, incapacity, resignation or disqualification of any member, appointment to such a vacancy on the commission shall be made of the unexpired term of the member leaving the membership. Should any member have a conflict of interest, either directly or indirectly, in any matter coming before the commission, he or she shall be disqualified to discuss or vote on the matter. The governing body may adopt rules and regulations providing for removal of members of the commission. Members of the commission shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties as deemed desirable by the governing body. (Code 1993)

 

 

16-103. MEETINGS, OFFICERS AND RECORDS. The members of the planning commission shall meet at such time and place as may be fixed in the commission's bylaws. The commission shall elect one member as chairperson and one member as vice-chairperson who shall serve one year and until their successors have been elected. A secretary shall also be elected who may or may not be a member of the commission. Special meetings may be called at any time by the chairperson or in the chairperson's absence by the vice-chairperson. The commission shall adopt bylaws for the transaction of business and hearing procedures. All actions by the commission shall be taken by a majority vote of the entire membership of the commission; except that, a majority of the members present and voting at the hearing shall be required to recommend approval or denial

of an amendment to the zoning regulations, a re-zoning amendment or a special use permit. A proper record of all the proceedings of the commission shall be kept. The commission, from time to time, may establish subcommittees, advisory committees or technical committees to advise or assist in the activities of the commission. (Code 1993)

 

16-104. POWERS AND DUTIES. The governing body and planning commission shall have all the rights, powers and duties as authorized in K.S.A. 12 741 et seq., and amendments thereto, which are hereby incorporated by reference as part of this section and shall be given full force and effect as if the same had been fully set forth. The commission is hereby authorized to make or cause to be made, adopted and maintained a comprehensive plan for the city and any unincorporated territory lying outside of the city but within Greenwood County in which the city is located, which in the opinion of the commission forms the total community of which the city is a part. The commission shall also cause to be prepared, adopted and maintained zoning and subdivision regulations on all land within the jurisdiction designated by the governing body. The comprehensive plan and zoning and subdivision regulations are subject to final approval of the governing body by ordinance. Periodically, the governing body may request the commission to undertake other assignments related to planning and land use regulations. (Code 1993)

 

16-105. BOARD OF ZONING APPEALS. The planning commission is hereby designated to also serve as the city's board of zoning appeals with all the powers and duties as provided for in K.S.A. 12-759. The board shall

 

adopt rules in the form of bylaws for its operation which shall include hearing procedures. Such bylaws shall be subject to the approval of the governing body. Public records shall be kept of all official actions of the board which shall be maintained separately from those of the commission. The board shall keep minutes of its proceedings showing evidence presented, findings of fact, decisions and the vote upon each question or appeal. A majority of the members of the board present and voting at the hearing shall be required to decide any appeal. Subject to subsequent approval of the governing body, the board shall establish a scale of reasonable fees to be paid in advance by the appealing party. (Code 1993)

 

ARTICLE 2. ZONING REGULATIONS

 

16-201. ZONING REGULATIONS INCORPORATED. There are hereby incorporated by reference as if set out fully herein, the zoning regulations adopted by the governing body of the City of Eureka, Kansas, as prepared by the city and consisting of Ordinance Nos. 2068, 2171, 2313, 2358, 2474, 2633, 3248, 3557, 3909 and entitled, "Zoning Regulations of the City of Eureka, Kansas." No fewer than three copies of the zoning regulations, marked "Official Copy as Incorporated by the Code of the City of Eureka" and to which there shall be a published copy of this section attached, shall be filed with the city clerk to be open for inspection and available to the public at all reasonable business hours.

(Ord. 2068; Ord. 2171; Ord. 2313; Ord. 2358; Ord. 2474; Ord. 2633; Ord 3248; Ord. 3559; Ord. 3909; Code

2007)

 

ARTICLE 3. SUBDIVISION REGULATIONS

 

16-301. REGULATIONS INCORPORATED. There are hereby incorporated by reference, as if set out fully herein, certain regulations governing the subdivision of land located within the City of Eureka, Kansas and certain surrounding area as described therein, as adopted by the governing body of the City of Eureka, Kansas. No fewer than three copies of the subdivision regulations marked "Official Copy as incorporated by the Code of the City of Eureka" and to which there shall be a published copy of this section attached, shall be filed with the city clerk to be open for inspection and available to the public at all reasonable hours.

(Ord. 4055; Ord. 3908; Code 2007)

 

ARTICLE 4. FLOOD PLAIN ZONING

 

16-401. STATEMENT OF PURPOSE. It is the purpose of this article to promote the public health, safety and general welfare and to minimize flood losses by applying the provisions of this article to:

(a) 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.

(b) Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.

(c) Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.

(d) Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the

National Flood Insurance Program.

(Ord. 3805, Sec. 1; Code 1997, 16-301)

 

16-402. DEFINITIONS. 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) Base Flood - The flood having a one percent chance of being equaled or exceeded in any given year.

(b) Basement - Any area of the building having its floor subgrade (below ground level) on all sides.

(c) 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 or storage of equipment or materials.

(d) Existing Manufactured Home Park or Subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at

a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the flood plain management regulations adopted by a

community.

(e) Flood - A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from

 

any source.

(f) Flood proofing - Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

(g) Historic Structure - Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) 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 to qualify as a registered historic district;

 

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been 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:

(A) By an approved state program as determined by the Secretary of the Interior; or,

(B) Directly by the Secretary of the Interior in states without approved programs.

(h) Lowest Floor - The lowest floor of the lowest enclosed area (including basement). 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 applicable non-elevation design requirements of this article.

(i) Manufactured Home - 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 than 180 consecutive days. For insurance purposes the term manufactured home does not include park trailers, travel trailers, and other similar vehicles. (j) Manufactured Home Park or Subdivision - A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

(k) New Construction - For the purpose of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For flood plain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a flood plain management regulation adopted by a community and includes any subsequent improvements

to such structures.

(l) Recreational Vehicle - A vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when

measured at the largest horizontal projection; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

(m) Regulatory Flood Elevation - The water surface elevation of the 100-year flood.

(n) Special Flood Hazard Area - The land within a community, subject to a one percent or greater chance of flooding in any given year. This land is identified as Zone A on the official map.

 

(o) Start of Construction (for other than new construction or substantial improvements under the Coastal Barrier

Resources Act (Pub. L. 97-348)), includes substantial improvement, and means the date the building permit

was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or

other improvement was within 180 days of the permit date. The actual start means either 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 accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of

construction means the first alteration of any wall, ceiling, floor other structural part of a building, whether or not

that alteration affects the external dimensions of the building.

(q) 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.

(r) 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.

(s) 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 designated as a historic structure.

(t) Variance - A grant of relief by a community from the terms of a flood plain management regulation.

(u) Violation - The failure of a structure or other development to be fully compliant with the community’s flood

plain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in these regulations is presumed to be in violation until such time as that documentation is provided.

(Ord. 3805, Sec. 20; Code 1997, 16-302)

 

16-403. APPOINTMENT. The code enforcement officer shall be appointed to these additional responsibilities by resolution of the governing body and his or her appointment shall continue during good behavior and satisfactory service. During temporary absence or disability of the code enforcement officer, the governing body of the city shall designate an acting enforcement official.

(Ord. 3805, Sec. 3; Code 1997, 16-303)

 

16-404. ENFORCEMENT. The code enforcement officer hereby has these added responsibilities and is authorized and directed to enforce all of the provisions of this article and all other ordinances of the city now in force or hereafter adopted, related to zoning, subdivision or building codes. (Ord. 3805, Sec. 2; Code 1997, 16-

304)

 

 

16-405. FLOOD INSURANCE RATE MAP. The governing body of the city hereby designates the current flood Hazard Boundary Map/Flood Insurance Rate Map (FIRM), for the city and amendments, as the official map to be used in determining those areas of special flood hazard. (Ord. 3805, Sec. 4; Code 1997, 16-305)

 

16-406. PERMITS REQUIRED. No person shall erect, construct, enlarge or improve any building or structure or make other developments, as defined in the definitions section of this article, in the city, or cause the same to be done without first obtaining a separate development permit for each building or structure.

(a) Within Zone(s) A on the official map, separate flood plain development permits are required for all new

construction, substantial improvements and other developments, including the placement of manufactured homes.

(b) Application: To obtain a flood plain development permit, the applicant shall first file an application therefore in writing on a form furnished for that purpose. Every such application shall:

(1) Identify and describe the work to be covered by the flood plain development permit for which application is made.

(2) 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.

(3) Indicate the use or occupancy for which the proposed work is intended. (4) Be accompanied by plans and specifications for proposed construction.

(5) Be signed by the permittee or his or her authorized agent who may be required to submit evidence to indicate such authority.

(6) Within designated flood plain areas, be accompanied by elevations (in relation to a mean sea level) of the lowest floor (including basement) or in the case of flood proofed nonresidential structures, the elevation to

which it shall be flood proofed. Documentation or certification of such elevations will be maintained by the code enforcement officer;

(7) Give such other information as reasonably may be required by the code enforcement officer (i.e., require a statement from the applicant that they are aware that elevating or flood proofing structures above the minimum

levels will result in premium reduction, especially in the case of nonresidential flood proofing when a minus one foot penalty is assessed at the time of rating the structure for the policy premium.)

(Ord. 3805, Sec 5; Code 1997, 16-306)

 

16-407. APPLICATIONS. The code enforcement officer shall review all development permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law. (Ord. 3805, Sec. 6; Code 1997, 16-307)

 

16-408. SAME; STANDARDS. The code enforcement officer, in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other developments (as defined in section 16-413 of this article) will:

 

(a) Obtain, review and reasonably utilize, if available, any regulatory flood elevation data and flood way data available from federal, state or other sources, until such other data is provided by the Federal Insurance Administration in a Food Insurance Study and require within areas designated as Zone A on the official map that the following performance standards be met:

(1) Residential Construction - New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above one foot above the base flood elevation.

(2) Nonresidential Construction - New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above one

foot above the level of the base flood elevation or, together with attendant utility and sanitary facilities, to be flood proofed so that below such a level 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 local enforcement official.

(3) Require For All New Construction and Substantial Improvements - Fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement

and which 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: (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; (b ) The bottom of all openings shall be no higher than one foot above grade; (3) 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. (b) Require the use of construction materials that are resistant to flood damage.

(c) Require the use of construction methods and practices that will minimize flood damage.

(d) Require that new structures be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(e) New structures be constructed 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.

(f) Assure that all manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with state laws, local building codes and FEMA

guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) 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 50 feet long requiring one additional tie

per 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 50 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. (4) Any additions to the manufactured home be similarly anchored.

(g) Assure that all manufactured homes that are placed or substantially improved within Zones A1-30, AH, and

AE on the community's FIRM on sites:

(1) Outside of a manufactured home park or subdivision. (2) In a new manufactured home park or subdivision.

(3) In an expansion to an existing manufactured home park or subdivision.

(4) 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 to or above one foot above the base flood elevation and be securely

 

anchored to an adequately anchored foundation system in accordance with the provisions of section 16-308(f). (h) Assure that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of section 16-308(g) be elevated so that either:

(1) The lowest floor of the manufactured home is at or above one foot above the base flood elevation; or

(2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system in accordance with the provisions of section 16-308(f).

(i) Require that recreational vehicles placed on sites within the identified flood plain on the community’s FIRM

either (i) be on the site for fewer than 180 consecutive day, (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements and the elevation and anchoring requirements for manufactured homes of this article. 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. (Ord. 3805, Sec. 7; Code 1997, 16-306)

 

16-407. SAME; SUBDIVISIONS. The governing body of the city shall review all subdivision applications and other proposed new developments, including manufactured home parks or subdivisions and shall make findings of fact and assure that:

(a) All such proposed developments are consistent with the need to minimize flood damage;

(b) Subdivision proposals and other proposed new developments (including proposals for manufactured home

parks and subdivisions), greater than five acres or 50 lots, whichever is lesser, include within such proposals regulatory flood elevation data in areas designated Zone A;

(c) Adequate drainage is provided so as to reduce exposure to flood hazards.

(d) All public utilities and facilities are located so as to minimize or eliminate flood damage.

(Ord. 3805, Sec. 8; Code 1997, 16-307)

 

 

16-408. NEW WATER AND SEWER, ETC. New and replacement water and sewer systems shall be constructed to eliminate or minimize infiltration by, or discharge into flood waters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contamination during flooding.

(Ord. 3305, Sec. 9; Code 1997, 16-308)

 

16-409. ALTERATION OR RELOCATION OF WATERCOURSE. The governing body of the city will insure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. The city will notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of watercourse, and submit copies of such notifications to the Federal Emergency Management Agency. Moreover, the city will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Flood Disaster

Protection Act of 1973. (Ord. 3805, Sec. 10; Code 1997, 16-309)

 

16-410. VARIANCE PROCEDURES. (a) The city planning commission/board of zoning appeals as established by the city shall hear and decide appeals and requests for variances from the requirements of this article.

(b) The city planning commission/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 code enforcement officer in the

enforcement or administration of this article.

(c) Any person aggrieved by the decision of the city planning commission/ board of zoning appeals or any

taxpayer may appeal such decision to the district court of Greenwood County as provided by statute.

(d) In passing upon such applications, the city planning commission/board of zoning appeals shall consider all

technical evaluation, all relevant factors, standards specified in other sections of this article, and: (1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger to life and property due to flooding or erosion damage;

(3) The susceptibility of proposed facility and its contents to flood damage and the effect of such damage on

the individual owner;

(4) The importance of the services provided by the proposed facility to the community;

(5) The necessity to the facility of a waterfront locations, where applicable;

(6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(7) The compatibility of the proposed use to the comprehensive plan and flood plain management program for that area;

 

(8) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

(9) 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,

(10) 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 system and streets and bridges.

 

(b) Conditions for Variances.

(1) 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 flood level, providing subsections (2):(6) below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the

National Register of Historic Places or the Sate Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.

(3) Variances shall not be issued within any designated flood way if any increase in flood level during the base flood discharge would result.

(4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5) 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.

(6) 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 increased risk resulting from the reduced lowest floor elevation. (Ord. 3805, Sec. 11; Code 1997, 16-310)

 

16-411. NONCONFORMING USE. (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 utility department shall notify the code enforcement officer 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 State Inventory of Historic Places.

(Ord. 3805, Sec. 12; Code 1997, 16-311)

 

 

16-412. ABROGATION AND GREATER RESTRICTIONS. It is not intended by this article to repeal, abrogate or impair any existent easements, covenants or deed restrictions. However, where this article imposes greater restrictions, the provision of this article shall prevail. All other ordinances inconsistent with this article are hereby repealed to the extent to the inconsistency only.

(Ord. 3805, Sec. 13; Code 1997, 16-312)

 

16-413. INTERPRETATION. 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. 3805, Sec. 14; Code 1997, 16-313)

 

16-414. WARNING AND DISCLAIMER OF LIABILITY. 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 flood plain district boundaries or land uses permitted within such districts will be free from flooding or flood damage. 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. 3805, Sec. 15; Code 1997, 16-314)

 

16-415. SEVERABILITY. 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. 3805, Sec. 16; Code 1997, 16-315)

 

16-416. APPEAL. Where a request for a permit to develop or a variance is denied by the code enforcement officer, the applicant may apply for such permit or variance directly to the board of appeals. (Ord. 3805, Sec.

17; Code 1997, 16-316)

 

 
 

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