IN GENERAL
Colorado Code Publishing Company > Code Books > Fort Collins Municipal Code and Charter > Chapter 10
CHAPTER 10
FLOOD PREVENTION AND PROTECTION
Articles:
ReservedDivision 1 Generally
Sec. 10-16 Definitions
Sec. 10-17 Purpose
Sec. 10-18 Interpretation
Sec. 10-19 Flood hazard area designation
Sec. 10-20 Application to certain lands
Sec. 10-21 Disclaimer of liability
Sec. 10-22 Violations and penalties
Division 2 Administration and Procedures
Sec. 10-26 General Manager's powers and duties
Sec. 10-27 Floodplain use permit
Sec. 10-28 Appeals/variance procedure
Sec. 10-29 Conditions for variances
Sec. 10-30 Takings determinations
Division 3 General Standards for Flood Hazard Analysis and Reduction
Sec. 10-36 General provisions for flood hazard reduction
Sec. 10-37 General provisions related to elevation of structures
Sec. 10-38 Specific standards for floodproofing
Sec. 10-39 Venting requirements
Sec. 10-40 Specific standards for crawl spaces
Sec. 10-41 Specific standards for mobile buildings and manufactured homes
Sec. 10-42 Specific standards for recreational vehicles
Sec. 10-43 Development in one-hundred-year floodplains in which no floodway has been designated
Sec. 10-44 Development in one-hundred-year floodplains in which base flood elevations have not been determined
Sec. 10-45 Floodway evaluations
Sec. 10-46 Nonconforming structures
Sec. 10-47 Changes of use
Division 4 Poudre River Flood Hazard Areas
Sec. 10-71 Specific standards for development in Poudre River floodway
Sec. 10-72 Specific standards for nonstructural development in Poudre River floodway
Sec. 10-73 Floodway encroachments in Poudre River floodway
Sec. 10-74 Change of use in Poudre River floodway
Sec. 10-75 Specific standards for residential development in Poudre River flood fringe
Sec. 10-76 Specific standards for nonresidential development in Poudre River flood fringe
Sec. 10-77 Specific standards for mixed-use development in Poudre River flood fringe
Sec. 10-78 Specific standards for nonstructural development in Poudre River flood fringe
Sec. 10-79 Change of use in Poudre River flood fringe
Sec. 10-80 Removal of property from Poudre River flood fringe
Sec. 10-81 Specific standards for Poudre River five-hundred-year floodplain and zone X shaded areas
Division 5 FEMA Basin Floodplains
Sec. 10-101 Designation of FEMA basin floodplains
Sec. 10-102 Specific standards for residential development in floodways of FEMA basin floodplains
Sec. 10-103 Specific standards for nonresidential development in floodways of FEMA basin floodplains
Sec. 10-104 Specific standards for mixed-use development in floodways of FEMA basin floodplains
Sec. 10-105 Specific standards for nonstructural development in floodways of FEMA basin floodplains
Sec. 10-106 Floodway encroachments in floodways of FEMA basin floodplains
Sec. 10-107 Change of use in floodways of FEMA basin floodplains
Sec. 10-108 Specific standards for residential development in flood fringe of FEMA basin floodplains
Sec. 10-109 Specific standards for nonresidential development in flood fringe of FEMA basin floodplains
Sec. 10-110 Specific standards for mixed-use development in flood fringe of FEMA basin floodplains
Sec. 10-111 Specific standards for nonstructural development in flood fringe of FEMA basin floodplains
Sec. 10-112 Change of use in flood fringe of FEMA basin floodplains
Sec. 10-113 Removal of property from flood fringe of FEMA basin floodplains
Sec. 10-114 Waiver of requirements for City designations within FEMA basin floodplains
Division 6 City Basin Floodplains
Sec. 10-131 Designation of City basin floodplains
Sec. 10-132 Specific standards for residential development in floodways of City basin floodplains
Sec. 10-133 Specific standards for nonresidential development in floodways of City basin floodplains
Sec. 10-134 Specific standards for mixed-use development in floodways of City basin floodplains
Sec. 10-135 Specific standards for nonstructural development in floodways of City basin floodplains
Sec. 10-136 Floodway encroachments in floodways of City basin floodplains
Sec. 10-137 Change of use in floodways of City basin floodplains
Sec. 10-138 Specific standards for residential development in flood fringe of City basin floodplains
Sec. 10-139 Specific standards for nonresidential development in flood fringe of City basin floodplains
Sec. 10-140 Specific standards for mixed-use development in flood fringe of City basin floodplains
Sec. 10-141 Specific standards for nonstructural development in flood fringe of City basin floodplains
Sec. 10-142 Change of use in flood fringe of City basin floodplains
Sec. 10-143 Removal of property from flood fringe of City basin floodplains
Sec. 10-144 Waiver of requirements for City basin floodplains
Division 7 Erosion Buffer Zones
Sec. 10-201 Designation of erosion buffer zones
Sec. 10-202 Specific standards for erosion buffer zones
Sec. 10-203 Erosion buffer zone waivers
Sec. 10-301 Definition
Sec. 10-302 Headgate required
Sec. 10-303 Escape ditch for wastewater
Sec. 10-304 Main ditches
Sec. 10-305 Obstruction and pollution of ditches prohibited
Sec. 10-306 Main lateral to be constructed
Sec. 10-307 Repairs of laterals by City; costs recovered
Sec. 10-308 Ditches across streets
Sec. 10-309 Deposits on banks unlawful
Sec. 10-310 Water flowing on streets unlawful
Sec. 10-311 Permitting irrigation water on streets unlawful
Secs. 10-1—10-15. Reserved.
ARTICLE II.
FLOOD HAZARD AREAS
Unless specifically defined below, words or phrases used in this Article shall be interpreted so as to give them the meaning they have in common usage and to give this Article its most reasonable application.
A zone (or zone A) shall mean an area inundated by the one-hundred-year flood, as shown on the FEMA Flood Insurance Rate Map. Base flood elevations are not determined in an A zone.
A1—A30 and AE zone (or zones A1—A30 and AE) shall mean areas inundated by the one-hundred-year flood, as shown on the FEMA Flood Insurance Rate Map. Base flood elevations are determined for these zones.
Accessory structure shall mean a structure that is located on the same parcel of property as the principal structure and is used solely for parking and/or storage.
Addition shall mean any alteration to a structure which results in any increase in the structure's footprint.
AH zone (or zone AH) shall mean an area of one-hundred-year shallow flooding as shown on the FEMA Flood Insurance Rate Map where depths are between one (1) and three (3) feet (usually shallow ponding). Base flood elevations are determined for this zone.
AO zone (or zone AO) shall mean an area of one-hundred-year shallow flooding as shown on the FEMA Flood Insurance Rate Map where depths are between one (1) and three (3) feet (usually sheet flow on sloping terrain). Average flood depths are determined for this zone.
Appeal shall mean a request for a review of an interpretation of any provision of this Article made by the General Manager.
Base flood or one-hundred-year flood shall mean the flood having a one-percent chance of being equaled or exceeded in any given year , whether designated as such by FEMA or by the General Manager in the manner provided in this Article.
Base flood elevation shall mean the elevation for which there is a one-percent chance in any given year that flood levels will equal or exceed it.
Basement shall mean any area of a building having its floor subgrade (below ground level) on all sides and the interior height of which, measured from the lowest interior point to the highest point of the foundation, is more than four (4) feet.
Benchmark shall mean an established monument with a documented elevation in relation to mean sea level.
Change in watercourse shall mean any change in a thalweg, bed or bank of a watercourse.
City basin floodplain shall mean the land in a one-hundred-year floodplain designated by the City for a basin in which FEMA has not issued floodplain maps.
Crawl space shall mean any unfinished area of a building having its improved or unimproved floor subgrade (below ground level) on all sides and the interior height of which, measured from the lowest interior grade to the highest point of the foundation, is four (4) feet or less.
Critical facilities shall mean structures or facilities that produce, use or store hazardous, flammable, explosive, toxic and/or water-reactive materials, liquids, gases and solids as such are defined in the Uniform Fire Code as adopted in § 9-1 and as amended in § 9-2, but not including retail structures and facilities that only stock and store products containing such substances in factory-sealed containers; hospitals, nursing homes, group homes, residential care facilities, congregate care facilities and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood; schools; daycare facilities; cemeteries; police stations, fire stations, vehicle and equipment storage facilities and emergency operations centers that are needed for flood response activities before, during and after a flood; and public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during and after a flood.
Cumulative substantial improvement shall mean any combination of repairs, demolition, reconstruction, rehabilitation or other improvements of a structure, taking place during the life of the structure, the cumulative cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement, provided that the footprint of the structure is not increased. The term cumulative substantial improvement shall include any repair or reconstruction work on structures that have incurred substantial damage. It shall not include any project for improvement of a structure to correct violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official, including only the minimum improvements necessary to assure safe living conditions.
Development shall mean any man-made change to
improved or unimproved real estate, including but not limited to new construction
or modification of buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or
materials. Development shall also include any change to, or change of use of,
a property or structure that is within the scope of a restriction or requirement
set out in this Article.
Drainway or drainageway shall mean a natural or artificial land surface depression
with or without perceptibly defined beds and banks to which surface runoff gravitates
and collectively forms a flow of water continuously or intermittently in a definite
direction.
Enclosure shall mean an unfinished area below the finished area of a building that is partially or fully shut in by rigid walls, where the lowest interior grade is at or above the outside grade on all sides.
Encroachment shall mean an addition to or change to the physical condition of a specified type of flood hazard area that results in the blockage, diversion or displacement of floodwaters.
Erosion buffer zone shall mean an area that has been defined by a geomorphic analysis to be prone to increased erosion due to lateral migration or unstable channel banks of the creek, stream or river, as determined in the drainage basin master plans adopted pursuant to § 10-19.
Expansion of a manufactured home park or mobile building development shall mean the preparation of additional sites by the construction of facilities for servicing the lots on which manufactured homes or mobile buildings are to be affixed, including the installation of utilities, either final site grading or the pouring of concrete pads or the construction of streets outside of the manufactured home park or mobile building development. Installation of a manufactured home or mobile building on a previously improved lot within a manufactured home park or mobile building development shall not be deemed to constitute expansion of manufactured home park or mobile building development.
FEMA shall mean the Federal Emergency Management Agency or successor agency.
FEMA basin floodplain shall mean the land in a one-hundred-year floodplain designated by FEMA. This includes both areas of a floodplain designated as Zones A, AE, AO, AH and A1—A30 on the Flood Insurance Rate Map and any other areas in a basin for which FEMA has issued a floodplain map that the City has designated as one-hundred-year floodplain.
FEMA special flood hazard area shall mean areas delineated on the Flood Insurance Rate Map and designated as Zones A, AE, AO, AH and A1—A30.
Fill shall mean a deposit of materials of any kind placed by artificial means.
Finished area shall mean an enclosed area that has more than twenty (20) linear feet of finished walls (paneling, wallboard or other non-flood-resistant material, for example) or that is used for any purpose other than solely for parking of vehicles, building access or storage.
Five-hundred-year flood shall mean a flood that has a two-tenths (.2) percent chance of being equaled or exceeded in any given year.
Five-hundred-year floodplain shall mean the land in a drainageway within a community subject to a two-tenths (.2) percent or greater chance of flooding in a given year.
Floatable materials shall mean any material that is not secured in place or completely enclosed in a structure, so that it could float off site during the occurrence of a flood and potentially cause harm to downstream property owners, or that could cause blockage of a culvert, bridge or other drainage facility. This includes, without limitation, lumber, vehicles, boats, equipment, trash dumpsters, tires, drums or other containers, pieces of metal, plastic or any other item or material likely to float. Floatable materials shall not include motor vehicles parked temporarily on property for the purpose of customer or employee parking, or a business's temporary outdoor display of inventory during its usual hours of operation.
Flood or flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas caused by the overflow of inland waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
Flood fringe shall mean that portion of the one-hundred-year floodplain between the floodway boundary and the upper limits of the base flood. Sheet flow areas with flood depths of less than one (1) foot shall not be considered part of the flood fringe. Sheet flow areas with flood depths between one (1) and three (3) feet, inclusive, shall be considered part of the flood fringe.
Flood hazard area shall mean the Poudre River floodplain, a FEMA basin floodplain, a City basin floodplain or an erosion buffer zone.
Flood Insurance Rate Map (FIRM) shall mean the official map on which the Federal Emergency Management Agency has delineated both the floodplains and risk premium zones applicable to the community.
Flood Insurance Study shall mean the official report in which FEMA has provided flood profiles, as well as the Flood Boundary-Floodway Map and water surface elevation of the base flood.
Floodplain shall mean any land area susceptible to being inundated by water from any source.
Floodplain management shall mean the operation of an overall program of corrective and preventative measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. Floodplain management refers to those activities that are implemented with the intent to promote the public health, safety and general welfare, to minimize public and private losses due to flood conditions and to maintain, enhance and improve the natural and beneficial functions of floodplains.
Floodplain management regulations shall mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinances, grading ordinances and erosion control ordinances) and other applications of police power. The term describes such federal, state or local regulations, or any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Floodplain use permit shall mean any permit granted under the terms and conditions of this Article for development on land in a floodplain.
Floodproof shall mean to make a combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damage to properties, water and sanitary facilities, structures and contents of buildings in a floodplain area, as more specifically set forth in § 10-38.
Floodway shall mean 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 of the base flood by more than five-tenths (.5) foot.
Floodway modification shall mean any alteration to a channel thalweg, bed or banks of a floodway that would change the delineation of the floodway.
Footprint shall mean the aerial extent and location of a structure at the point at which it meets the ground at grade level, or at which the floor projects horizontally above the ground, to the extent portions of the structure do not meet the ground.
General Manager shall mean the duly appointed General Manager of Utility Services.
Historic structure shall mean any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the United States Department of Interior) or preliminarily determined by the U.S. Secretary of the Interior to meet the requirements for individual listing in the National Register;
(2) Certified or preliminarily determined by the U.S. Secretary of the Interior to contribute 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 the state inventory of historic places, if such an inventory exists and has been approved by the U.S. Secretary of the Interior; or
(4) Individually designated as a local landmark pursuant to Chapter 14.
Letter of map amendment (LOMA) shall mean a letter from FEMA officially revising the effective National Flood Insurance Rate Map that establishes that a property is not located in a FEMA special flood hazard area.
Letter of map revision (LOMR) shall mean a letter from FEMA officially revising the effective National Flood Insurance Rate Map to show changes in zones, delineations and flood elevations of floodplains and floodways.
Letter of map revision based on fill (LOMR-F) shall mean a letter from FEMA stating that a structure or parcel of land that has been elevated by fill would not be inundated by the base flood.
Lowest adjacent grade shall mean the elevation of the natural ground or properly compacted fill that comprises a component of a building's foundation system, sidewalk, patio, deck support or basement entryway immediately next to a structure and after the completion of construction.
Lowest floor shall mean the lowest floor of the lowest enclosed area (including any basement or any crawl space that does not meet the requirements of § 10-40). An unfinished 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 it meets the requirements of § 10-39 and 10-44 Code of Federal Regulations § 60.3, as the same may be amended or renumbered.
Manufactured home shall mean a structure that is used or intended for use as a residential structure that is transportable in one (1) or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It shall not include recreational vehicles or travel trailers, except when located on a property and in use as permanent living quarters.
Manufactured home park shall mean a parcel (or contiguous parcels) of land divided for rent or sale into ten (10) or more manufactured home lots.
Market value shall mean the value of a structure, excluding the value of the underlying land, based upon the market for comparable properties in the local real estate market among willing buyers and sellers. Market value may be established by the County Assessor's assessment of the actual value of improvements, or may be established by an independent certified appraisal.
Mixed-use structure shall mean any structure
that is used or intended for use for a mixture of nonresidential and residential
uses in the same structure.
Mobile building shall mean a structure not in use and not intended
for use as a residential structure that is transportable in one (1) or more
sections, built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. It shall not
include recreational vehicles, travel trailers or temporary construction trailers.
Mobile building development shall mean a parcel (or contiguous parcels) of land divided for rent or sale into ten (10) or more mobile building lots.
No rise shall mean for the Poudre River floodplain and FEMA basin floodplains a calculated rise in flood depth of 0.00 feet as defined in the hydraulic models for said floodplains, and for City basin floodplains shall mean a calculated rise in flood depth of 0.00 feet as rounded to the nearest one-tenth (.1) of a foot.
Nonconforming structure shall mean a structure that was lawful at the time of construction, but which is not now in conformity with the requirements of this Article, due to the adoption of or changes in said Article or due to the annexation of the property on which the structure is located.
Nonresidential floor shall mean a level or floor of a nonresidential or mixed-use structure that is not used for, or designed as and capable of being used for, the temporary or permanent domicile of persons, or a portion of such a domicile.
Nonresidential structure shall mean any structure that is not, in whole or in part, a residential structure. A nonresidential structure shall include, without limitation, any structure used, designed or intended for use for office, commercial, business, educational, industrial or governmental occupation.
Nonresidential use shall mean the use of all or a portion of a structure or property for any use other than as a temporary or permanent domicile of persons.
Nonstructural development shall mean any use of property that does not involve a structure. Nonstructural development may include, but is not limited to, the construction or installation of or use of a property for parking lots, utilities, detention ponds, fences, trails, pathways, outdoor storage, cultivation of vegetation or placement of fill.
Obstruction shall mean any physical barrier, structure, material or impediment in, along, across or projecting into a watercourse that may alter, impede, retard or change the direction or velocity of the flow of water, or that may, due to its location, have a propensity to snare or collect debris carried by the flow of water or to be carried downstream. Obstruction shall include, but not be limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, and vegetation in, along, across or projecting into a watercourse.
One-hundred-year floodplain shall mean the land in a drainway within a community subject to a one-percent or greater chance of flooding in a given year, whether designated as such by FEMA or by the City pursuant to § 10-19.
Outdoor storage shall mean storage outside of a structure, and shall include storage of materials, products, equipment, vehicles, or any other item that is not a structure. Use of property for outdoor unattended parking of vehicles, such as, for example, commuter parking areas, trailhead parking areas or other remote parking areas, shall be deemed to constitute outdoor storage.
Permanent foundation shall mean reinforced piers, posts, piles, poured concrete walls, reinforced block walls, or compacted fill in use as a permanent foundation for a manufactured home or mobile building. Stacked concrete blocks shall not be considered to constitute a permanent foundation.
Public infrastructure shall mean any facility, excluding structures, of a public or private utility providing electric, telephone, cable TV, fiber-optic, telegraph, water, wastewater, storm sewer or any other public utility service; stormwater improvements identified in any City-approved drainage master plan; public roads, bridges and culverts; and traffic signaling equipment that is provided, required or authorized by any governmental entity having jurisdiction.
Reconstruct or reconstruction shall mean to rebuild a structure without increasing its footprint, when the structure has been: (1) partially or completely destroyed by any cause (i.e., fire, wind, flood), or (2) partially or completely torn down. Reconstruction that also meets the definition of redevelopment shall be regulated hereunder as redevelopment.
Recreational facilities shall mean facilities or equipment that are used for private or public recreational or natural resource purposes that have a relatively low flood damage potential and do not involve a structure. This includes, without limitation: bicycle, equestrian or pedestrian trails and paths; gazebos; benches; ball fields; tennis and basketball courts; interpretive facilities; playground equipment; and golf courses.
Recreational vehicle shall mean a vehicle which is: (1) built on a single chassis; (2) four hundred (400) square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light-duty truck; and (4) designed primarily for use not as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
Redevelop or redevelopment shall mean:
(1) To construct any substantial improvement that will result in the removal or replacement of more than fifty (50) percent of the wall perimeter of any floor of a structure that is completely or partially below the base flood elevation, provided that the footprint of the structure is not increased; or
(2) To repair or reconstruct any structure that has sustained substantial damage, which damage has caused the removal or replacement of more than fifty (50) percent of the wall perimeter of any floor of a structure that is completely or partially below the base flood elevation, provided that the footprint of the structure is not increased.
Regulatory flood protection elevation shall mean the elevation above the base flood elevation to which a structure must be elevated, as set forth in the applicable requirements of this Article.
Regulatory floodplain shall mean the floodplain that is regulated by the City, including the Poudre River floodplain, FEMA basin floodplains and City basin floodplains.
Rehabilitate or rehabilitation shall mean to make any improvements and repairs to the interior and exterior of a structure that do not result in any increase in the footprint of the structure. The construction of a vertical addition is considered to constitute rehabilitation.
Remodel or remodeling shall mean the same as rehabilitate or rehabilitation.
Residential structure shall mean any structure that is used for, or designed as and capable of being used for, the temporary or permanent domicile of persons, including without limitation a dwelling, a boarding house, a hotel, a motel and similarly used structure and a manufactured home. A mixed-use structure shall not be deemed to constitute a residential structure.
Residential use shall mean the use of all or a portion of a structure or property as a temporary or permanent domicile of persons.
Shallow flooding area shall mean either: (1) a designated AH or AO zone shown on the Flood Insurance Rate Map; or (2) designated as a shallow flooding area by the City in a one-hundred-year floodplain having an average depth of from one (1) to three (3) feet, inclusive, where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Sheet flow area shall mean a portion of the one-hundred-year floodplain that is characterized by undefined flow paths. Sheet flow areas with flood depths of less than one (1) foot shall not be considered part of the flood fringe. Sheet flow areas with flood depths between one (1) and three (3) feet, inclusive, shall be considered part of the flood fringe.
Start of construction shall mean the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the building permit date. For structural development, the actual start of construction shall mean the first placement of permanent construction of a structure on a site, such as the pouring of a 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 shall not include land preparation, such as clearing, grading and filling; nor shall it include the installation of streets and/or walkways; nor shall it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor shall 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. For a substantial improvement, the actual start of construction shall mean the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. For nonstructural development, the actual start of construction shall mean the physical installation or addition of materials or improvements that constitute all or any portion of the nonstructural development.
Storage of floatable materials shall mean storage outside of any structures of materials, products, equipment, vehicles or any other item that is not a structure, if the stored material or item meets the definition of floatable material.
Structure shall mean a structure with two (2) or more outside rigid walls from floor to roof and a fully secured roof that is affixed to a permanent site, a mobile building or manufactured home or a gas or liquid storage tank that is principally aboveground. An attached garage or addition shall be considered part of the structure to which it is attached.
Substantial damage shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.
Substantial improvement shall mean any combination of repairs, demolition, reconstruction, rehabilitation or other improvements of a structure taking place during a twelve-month period, the cumulative cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement, provided that the footprint of the structure is not increased. Substantial improvement shall include any repair or reconstruction work performed within said period of time on structures that have incurred substantial damage. A substantial improvement that meets the definition of redevelopment shall be regulated hereunder as redevelopment. The term substantial improvement shall not include any project for improvement of a structure to correct violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official, including only the minimum improvements necessary to assure safe living conditions.
Temporary construction trailer shall mean a mobile building in temporary use in connection with a construction project, which would be exempt from building permit requirements as a temporary construction trailer pursuant to Chapter 5.
Unfinished area shall mean an enclosed area that is used only for the parking of vehicles, building access or storage purposes and does not meet the definition of finished area.
Vertical addition shall mean an addition to a structure that does not result in an increase in the structure's footprint, provided that the associated work does not constitute redevelopment of the structure.
Watercourse shall mean a stream, creek, pond, slough, gulch, reservoir, lake or portion of the floodplain functioning as a natural or improved channel carrying flows, not constituting a flood. The term shall include, but not be limited to, established natural and human-made drainageways for carrying storm runoff, but it shall not include irrigation ditches.
X zone shaded area (or shaded zone X) shall mean as shown on the FEMA Flood Insurance Rate Map as one (1) or more of the following:
(1) The area inundated by the five-hundred-year flood;
(2) A sheet flow area inundated by the one-hundred-year flood with an average flood depth of less than one (1) foot; or
(3) An area protected by one (1) or more levees from inundation by the one-hundred-year flood.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 206, 2006 § 1, 1-16-07; Ord. No. 015, 2007 § 1, 2-20-07)
(a) It is the purpose of this Article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the secondary use and development of floodplains so as to minimize future flood blight areas;
(7) Ensure that potential buyers are notified that property is in a floodplain;
(8) Ensure that those who occupy the floodplain assume the responsibility for their actions;
(9) Protect the natural areas required to convey flood flows and retain flow characteristics; and
(10) Obtain and maintain the benefits to the community of participating in the National Flood Insurance Program.
(b) In order to accomplish its purposes, this Article includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood elevations or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels and natural protective barriers which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
(Ord. No. 37, 2005, 3-15-05)
In the interpretation and application of this Article, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-19. Flood hazard
area designation.
(a) The Flood Insurance Study dated December 19, 2006, including any revisions or amendments thereto, completed for the City by FEMA for the purpose of identifying floodplain and floodway areas, with accompanying Flood Insurance Rate Map, is hereby adopted by reference and declared to be a part of this Article. The Flood Insurance Study is on file in the office of the City Clerk.
(b) The additional floodplain studies or reports listed in this Subsection, together with the delineated floodplains, flood fringe areas, floodways and erosion buffer zones delineated therein, together with any other delineations of flood areas, flood elevations or physical characteristics, are hereby declared to be part of this Article. Any differences in floodplain or floodway delineation between such additional studies or reports and the Flood Insurance Rate Map shall be resolved by applying those provisions which result in a broader floodplain or floodway delineation, or a higher base flood elevation. To the extent that additional technical analysis results in the refinement of the floodplain, flood fringe, floodway, erosion buffer zone or other delineations contained in the plans listed below, or to the extent that the completion of a capital improvement project results in a modification of any such delineations, the General Manager shall, pursuant to his or her duties as set forth in Paragraph 10-26(9), document the associated change in the delineation, which modified delineation shall control the application of the requirements set forth in this Article. A copy of the studies or reports shall be on file in the permanent records of Utility Services. Documentation of any modification of any delineation pursuant to this Subsection shall be on file in the permanent records of Utility Services. The floodplain studies or reports incorporated herein by this reference are as follows:
(1) Poudre River floodplain (see Division 4).
(2) FEMA basin floodplains (see Division 5):
a. Dry Creek floodplain.
b. Spring Creek floodplain.
c. Boxelder Creek floodplain.
d. Cooper Slough floodplain.
(3) City basin floodplains (see Division 6):
a. Old Town floodplain.
b. West Vine floodplain.
c. Canal Importation floodplain.
d. Fossil Creek floodplain.
e. Mail Creek floodplain.
f. McClellands Creek floodplain.
g. Foothills floodplain.
(4) Erosion buffer zones (see Division 7):
a. Fossil Creek erosion buffer zone.
b. Boxelder Creek erosion buffer zone.
c. McClellands Creek erosion buffer zone.
d. Mail Creek erosion buffer zone.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 206, 2006 § 2, 1-16-07; Ord. No. 015, 2007 § 2, 2-20-07)
Sec. 10-20. Application
to certain lands.
The provisions of this Article shall apply to all areas within the jurisdiction of the City. If a lot or parcel lies partly within a floodplain, floodway, flood fringe, erosion buffer zone or other designated area, the part(s) of such lot or parcel lying within such area or areas shall meet all the standards and requirements applicable to such area as prescribed by this Article. If lands located outside the City limits are included within a flood hazard area, the requirements of this Article shall apply to such lands upon annexation and thereafter, and any development activities upon such lands after the date of annexation shall comply with this Article.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-21. Disclaimer
of liability.
The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study. Floods of greater magnitude than the base flood occur on rare occasions, and flood elevations may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. The provisions of this Article should not be construed to imply that areas outside floodplains or land uses permitted within such areas 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 of the City for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-22. Violations
and penalties.
No structure or land shall be constructed, located, extended, converted, altered or used without full compliance with the terms of this Article and other applicable regulations. Violations of the provisions of this Article by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor. Any person who violates this Article or who fails to comply with any of its requirements shall, upon conviction, be guilty of a misdemeanor and shall be punished as provided in § 1-15, or as otherwise expressly provided in a particular section of this Article, and shall be liable for any costs collected pursuant to applicable provisions of the Code. Each day that any violation of the provisions of this Article occurs shall constitute a separate offense. Nothing contained herein shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. No. 37, 2005, 3-15-05)
Secs. 10-23—10-25. Reserved.
DIVISION 2. ADMINISTRATION
AND PROCEDURES
Sec. 10-26. General Manager's
powers and duties.
The duties and responsibilities of the General Manager, as defined in § 10-16, shall include but are not limited to:
(1) Reviewing all floodplain use permits to determine that the permit requirements of this Article, including without limitation the submission of base flood elevation data, have been satisfied;
(2) Obtaining evidence prior to the issuance of a floodplain use permit that all necessary permits have been obtained from those federal, state or local government agencies from which prior approval is required. Conditional floodplain use permits may be issued contingent upon receipt of other specifically identified federal, state or local government agency permits of approval;
(3) Reviewing all floodplain use permits to determine if the proposed development is located in the floodway and, if located in the floodway, assuring that the encroachment provisions of this Article are met;
(4) Requiring the obtaining and recording by a professional engineer or land surveyor of the actual elevation in relation to mean sea level of the lowest floor, including basement, of all new or improved structures and whether or not the structure contains a basement;
(5) Requiring for all new or improved floodproofed structures the following:
a. Verification and recording by a professional engineer or architect of the actual elevation in relation to mean sea level; and
b. Documentation of the floodproofing as required in § 10-38.
(6) Maintaining for public inspection all records pertaining to the provisions of this Article;
(7) Notifying adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse and, when submitting a map revision to FEMA, submitting evidence of such notification to FEMA;
(8) Requiring that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished;
(9) Making interpretations, where needed, as to the exact location of the boundaries of flood hazard areas, for example, where there appears to be a conflict between the map boundary and actual field conditions. The person contesting the location of such boundary shall be given a reasonable opportunity to appeal the interpretation as provided by the variance procedure in this Article; and
(10) Receiving applications for and determining whether to issue erosion buffer zone waivers, pursuant to Division 7 of this Article.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-27. Floodplain
use permit.
(a) A floodplain use permit shall be obtained from the General Manager before any construction or development begins within any floodway, flood fringe or erosion buffer zone established pursuant to this Article. A floodplain use permit shall also be required for any construction or development of or affecting a critical facility in the Poudre River five-hundred-year floodplain or a zone X shaded area, if that critical facility is regulated pursuant to §§ 10-46 or 10-81. Application for a floodplain use permit shall be made on forms furnished by the General Manager and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the areas in question; structures already present and proposed, fill, storage of materials and drainage facilities; and the location of the foregoing.
(b) The following information is specifically required and must be submitted by any floodplain permit applicant:
(1) Elevation in relation to mean sea level of the lowest floor, including without limitation the crawl space or basement, heating, cooling or other mechanical components, and garage, of all structures;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that any floodproofing methods meet the floodproofing criteria in this Article; and
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(c) The following information is also required for a floodplain use permit:
(1) The signature of the owners of all property subject to the development request on the permit or their legally authorized representatives;
(2) A written report showing to the satisfaction of the General Manager that the floodplain use permit may be issued in compliance with all criteria for approval;
(3) A surface view plan showing elevations and contours of the ground; fill and storage elevations; sizes, locations and spatial arrangement of all proposed, anticipated and structures present on the site; location and elevations of streets, water supplies and sanitary facilities; boundaries of all applicable floodplains, flood fringe areas, floodways and erosion buffer zones, or other applicable delineated areas in which the proposed development is to be located; and cross-section locations and base flood elevation contours;
(4) Specifications for building construction and materials, filling, dredging, grading, channel improvements and changes, storage of materials, water supply and sanitary facilities; and
(5) Detailed information documenting compliance with any specific requirements applicable to the proposed development or activity pursuant to this Article.
(d) The General Manager may require the applicant to furnish such additional information as the General Manager deems necessary to evaluate the effects of the proposed construction upon any flood hazard areas, which information may include, but shall not be limited to, the following:
(1) Valley cross-sections showing the floodplain surrounding the watercourse, cross-sections of the area to be occupied by the proposed development, and one-hundred-year flood maximum water-surface elevation information;
(2) A profile showing the slope of the bottom of the channel or thalweg of the watercourse;
(3) A floodplain analysis of the flood profile, base flood elevation and velocity, and floodplain, flood fringe, floodway and erosion buffer zone boundaries, along with boundaries of any other delineated areas, using floodplain modeling guidelines established or approved by the General Manager, which analysis shall include existing and anticipated uses and shall show the impact the proposed construction or development will have on the elevation of the water-surface of the one-hundred-year flood;
(4) A structural analysis showing that any proposed structures will be adequately designed and constructed to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and scouring; and
(5) A stability analysis for any proposed development within an erosion buffer zone or for any floodway encroachment or modification.
(e) When reviewing the application for a floodplain use permit, the General Manager shall determine which portions of any flood hazard areas are affected by the particular development request and then shall apply the provisions of this Article as applicable. The General Manager also shall determine whether the proposed construction or development is consistent with the need to minimize flood damage and meets the intent of this Article after considering the following factors:
(1) The effects upon the efficiency or capacity of the floodway;
(2) The effects upon lands upstream, downstream and in the immediate vicinity;
(3) The effects upon the one-hundred-year flood profile and channel stability;
(4) The effects upon any tributaries to the main stream, drainage ditches and any other drainage facilities or systems;
(5) Whether additional public expenditures for flood protection or prevention will be required;
(6) Whether the proposed use is for human occupancy;
(7) The potential danger to persons upstream, downstream and in the immediate vicinity;
(8) Whether any proposed changes in watercourse will have an adverse environmental effect on the watercourse, including without limitation, erosion of stream banks and streamside trees and vegetation and wildlife habitat;
(9) Whether any proposed water supply and sanitation systems and other public utility systems are located and constructed to minimize flood damage and to prevent disease, contamination and unsanitary or hazardous conditions during a flood;
(10) Whether any proposed facility and its contents will be susceptible to flood damage and the effect of such damage;
(11) The relationship of the proposed development to the elements of the City of Fort Collins Comprehensive Plan and any applicable floodplain management programs;
(12) Whether safe access is available to the property in times of flood for ordinary and emergency vehicles;
(13) Whether the cumulative effect of the proposed development with other existing and anticipated uses will increase flood elevations; and
(14) Whether the expected flood elevations, velocities, duration, rate of rise, channel stability and sediment transport of the floodwaters expected at the site will adversely affect the development or surrounding property, and whether adequate drainage is provided to reduce exposure to flood damage.
(f) The General Manager may, in his or her discretion, require that plans, drawings, specifications or reports for structures, other improvements, features or encroachments, or other impacts of proposed activities, be prepared and certified by a Colorado registered professional engineer as necessary to provide for an adequate technical basis for floodplain use permit, variance or other decisions under this Article.
(g) If the General Manager determines that the application meets the purposes and requirements of this Article, the General Manager shall issue the permit and may attach such conditions as deemed necessary to further the purposes of this Article.
(h) A floodplain use permit shall expire three (3) years after its date of issuance if the permittee has not started construction (see definition of start of construction) under the permit. If a floodplain use permit is issued in connection with the issuance of a building permit, and the building permit expires, then the floodplain use permit shall be reevaluated based on any new criteria or data established or available since the issuance of the permit, and a new floodplain use permit may be required in connection with a new building permit, if the permit would not comply with this Article in light of such new criteria or data.
(i) No person who has obtained a floodplain use permit shall fail to construct in accordance with the approved application and design or terms of said permit.
(j) An applicant for a floodplain use permit shall pay twenty-five dollars ($25.). If the General Manager, pursuant to this Article, requires the applicant to furnish a floodplain modeling analysis, the applicant shall pay an additional fee of three hundred dollars ($300.).
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 3, 2-20-07)
Sec. 10-28. Appeals/variance
procedure.
(a) The Water Board, as established in § 2-436, shall hear and decide appeals from decisions of the General Manager and requests for variances from the requirements of this Article. Any final decision of the Board may be subject to review by the City Council.
(b) The Water Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the General Manager in the enforcement or administration of this Article. Persons desiring to appeal a decision of the General Manager to the Water Board shall at the time of making such appeal pay a docket fee in the amount of three hundred dollars ($300.). Written notice of hearing shall be given to the appellant at least three (3) days prior to the hearing by mailing the notice to the appellant's last known address by regular mail.
(c) Persons desiring to request a variance shall at the time of application for said variance submit a variance application together with a floodplain use permit application, and shall at the time of application pay the floodplain use permit fee of twenty-five dollars ($25.) and a variance processing fee in the amount of three hundred dollars ($300.). Written notice of a variance hearing shall be given to the applicant at least three (3) days prior to the hearing by mailing the notice to the applicant's address, as set forth in the variance application, by regular mail.
(d) The Water Board shall from time to time adopt such additional rules and regulations as it deems necessary and advisable for the preparation and submission of variance requests for Board review, for the conduct of its hearings and for carrying out the provisions hereof.
(e) In passing upon such applications, the Water Board shall consider all technical evaluations, all relevant factors and 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 the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4) The importance of the service provided by the proposed facility to the community;
(5) The availability of alternate locations for the proposed use which are not subject to flood or erosion damage;
(6) The compatibility of the proposed use with existing and anticipated development;
(7) The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
(8) The safety of access to the property in times of flood for ordinary and emergency vehicles; and
(9) The expected flood elevation, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(f) Upon consideration of the factors of this Section and the purposes of this Article, the Water Board may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this Article, and shall incorporate by reference the requirements of this Article that shall apply to the development or activities for which a variance has been granted.
(g) The General Manager shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-29. Conditions
for variances.
(a) Generally, variances may be issued for construction and improvements to be erected on a lot one-half (½) acre or less in size contiguous to and surrounded by lots that contain structures constructed below the base flood elevation, provided that all factors of the variance procedure have been fully considered.
(b) Variances may be issued for the reconstruction, rehabilitation or restoration of historic structures without regard to the procedures set forth in the remainder of this Section.
(c) If the variance sought under this Section would exempt the applicant's property from the application of any provision under this Article that is more restrictive than a comparable provision of the Federal Floodplain Regulations established in 44 C.F.R. Parts 59–78, such variance shall not be subject to the required finding of Paragraph (g)(2) of this Section.
(d) If the variance sought is for property located in a City basin floodplain, such variance shall not be subject to the required finding of Paragraph (g)(2) of this Section.
(e) Variances shall not be issued within any designated floodway if any increase in base flood elevations would result.
(f) Variances shall only be issued upon the determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(g) Variances shall only be issued upon:
(1) The 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 the variance would not result in any increased flood elevations contrary to the applicable requirements of this Article or any additional threat to public safety or to public or private property, any extraordinary public expense, any nuisance or trespass, any fraud on or victimization of the public as identified in this Article, or conflict with local laws or ordinances.
(h) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 4, 2-20-07)
Sec. 10-30. Takings determinations.
Any person who claims that his or her property has been taken by reason of the application of any provision of this Article may apply to the General Manager for a Takings Determination using the procedural and substantive requirements and criteria set forth in Division 2.13 of the City's Land Use Code, provided that, for the purpose of this Section, any reference therein to the Director of Community Planning and Environmental Services shall be deemed to constitute a reference to the General Manager and any reference to the Land Use Code therein shall be deemed to constitute a reference to this Article. Said Takings Determination Procedures shall be exhausted before the institution of any judicial proceeding against the City claiming a taking of affected property.
(Ord. No. 37, 2005, 3-15-05)
Secs. 10-31—10-35. Reserved.
DIVISION 3. GENERAL
STANDARDS FOR FLOOD HAZARD ANALYSIS AND REDUCTION
Sec. 10-36. General provisions
for flood hazard reduction.
(a) In all flood hazard areas, the following requirements must be met by any development:
(1) All structures shall be anchored to prevent flotation, collapse or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads;
(2) All structures shall be constructed with materials and utility equipment resistant to flood damage;
(3) All structures shall be constructed using methods and practices that minimize flood damage;
(4) All structures shall be constructed with electrical, heating, ventilation and air conditioning equipment and other service facilities elevated to or above the regulatory flood protection elevation, pursuant to Subsection 10-37(b);
(5) All public utilities and facilities, such as sewer, gas, electric and water systems, shall be located and constructed to minimize flood damage; and
(6) Adequate drainage consistent with the requirements of § 26-544 shall be planned and constructed in connection with any development, as applicable.
(b) In all flood hazard areas, all new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(c) In all flood hazard areas, new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
(d) In all flood hazard areas, on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(e) Within areas of shallow flooding, adequate drainage paths shall be provided to guide floodwaters around and away from structures on the site.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-37. General provisions
related to elevation of structures.
(a) Determination of base flood elevation.
(1) Base flood elevations established. The base flood elevation for any location shall be determined using the higher of: a) the base flood elevation documented for that location on the FIRM and Flood Insurance Study; and b) the base flood elevation documented for that location on the maps and supporting technical analysis on which the City's floodplain delineation for the location has been adopted by the City pursuant to Subsection 10-19(b).
(2) Flood depth in lieu of mapped base flood elevation. For a location within an AO zone or any location within a City basin floodplain for which a base flood elevation has not been determined by FEMA or the City, if the depth of flooding has been documented by either FEMA or the City to exceed one (1) foot, the base flood elevation shall be determined based on the specified flood depth above the highest adjacent grade documented on: a) the FIRM and Flood Insurance Study; or b) the maps and supporting technical analysis on which the City's floodplain delineation for the location has been adopted by the City pursuant to Subsection 10-19(b).
(3) In lieu of flood depth or mapped base flood elevation. For a location in an AO zone for which no flood depth information has been documented on the FIRM, the base flood elevation shall be deemed to be twenty-four (24) inches above the highest adjacent grade.
(b) Requirement to elevate. In any flood hazard area, the duct work, heating, ventilation and air conditioning systems, hot water heater, electrical and the lowest floor level of any structure in the event of any new construction, addition, substantial improvement or repair of substantial damage, or redevelopment must be elevated to or above the applicable regulatory flood protection elevation, except to the extent either floodproofing is allowed in lieu of said elevation in the manner described in § 10-38 or venting is allowed in lieu of said elevation in the manner described in § 10-39. This requirement shall be referred to as the elevation or freeboard requirement.
(c) Determination of regulatory flood protection elevation. The regulatory flood protection elevation shall be determined as follows:
(1) Poudre River floodplain:
a. Twenty-four (24) inches above the base flood elevation;
(2) FEMA basin floodplain:
a. For new construction and redevelopments, eighteen (18) inches above the base flood elevation;
b. For additions and substantial improvements, six (6) inches above the base flood elevation; and
c. For accessory structures, six (6) inches above the base flood elevation;
(3) City basin floodplain:
a. For new construction and redevelopment, eighteen (18) inches above the base flood elevation;
b. For additions and substantial improvements, six (6) inches above the base flood elevation; and
c. For accessory structures, six (6) inches above the base flood elevation.
(d) Determination of lowest floor elevation. The lowest floor elevation of the structure shall be determined based on the type of foundation. If more than one (1) foundation type is used, the lowest floor elevation shall be determined separately for each portion of the structure with a different foundation type.
(1) Slab-on-grade. The lowest floor elevation of a slab-on-grade structure shall be measured at the top of the slab.
(2) Basement. The lowest floor elevation of a structure with a basement shall be measured at the top of the basement slab.
(3) Crawl space. The lowest floor elevation of a structure with a crawl space that is built in accordance with the specifications of § 10-40 shall be measured at the top of the floor of the lowest finished area. The lowest floor elevation of a structure with a crawl space that is not built in accordance with the specification of § 10-40 shall be measured at the lowest interior grade of the crawl space.
(4) Enclosure. The lowest floor elevation of a structure with an enclosure that is built in accordance with the venting specifications of § 10-39 shall be measured at the top of the floor of the lowest finished area. The lowest floor elevation of a structure with an enclosure that is not built in accordance with the venting specifications of § 10-39 shall be measured at the lowest interior grade of the enclosure.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-38. Specific standards
for floodproofing.
Any structure or portion of a structure eligible to substitute floodproofing in lieu of compliance with the applicable elevation requirement of Subsection 10-37(b) shall meet the following requirements, which shall be referred to as floodproofing requirements:
(1) In order for a structure to be eligible to comply with this Article through these floodproofing requirements:
a. The structure must be a nonresidential structure, a nonresidential use portion of a mixed-use structure, an accessory structure or an attached garage; and
b. The flood depth surrounding the structure must not exceed three (3) feet.
(2) The structure must be designed and constructed to be floodproofed so that:
a. Below the regulatory flood protection elevation, the structure is watertight with walls substantially impermeable to the passage of water;
b. All structural components are capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy from flooding;
c. The structure complies with the FEMA flood-resistant materials and floodproofing requirements in effect as of the date of the floodplain use permit; and
d. Adequate drainage paths to guide floodwaters around and away from the structure are provided consistent with the requirements of § 26-544.
(3) The following must be submitted to the General Manager and accepted as completed prior to issuance of a floodplain use permit and a building permit:
a. A floodproofing certificate, signed and certified by a registered professional engineer or architect, accurately documenting the proposed floodproofing elevation;
b. Detailed plans for floodproofing measures that include:
1. Base flood elevation and elevation of floodproofing;
2. The benchmark used;
3. Design details and locations of the specific floodproofing measures;
4. The direction and distance that all doors swing, in order to show that floodproofing closure shields, if any, cannot block doors from opening when shields are in place; and
5. The signature and certification of a registered professional engineer or architect;
c. Manufacturer's specification sheets if using manufactured measures, such as, for example, sealants;
d. Manufacturer's catalog cuts if ordering measures, such as, for example, gates or shields, from a catalog;
e. A statement of the wording of the directions for securing and releasing any gate or closure shield, which directions are required to appear on the back of any gate or closure shield;
f. An emergency action plan that includes:
1. A description of where the floodproofing measures will be stored;
2. A description of who will be responsible for ensuring that the measures are in place, and who will monitor any closure shields, if the structure is an occupied structure; and
3. An annual schedule of when the floodproofing measures will be in use;
g. A statement of the wording of notices to be posted in conspicuous locations on each floor of the structure, in such form, locations and numbers as are reasonably necessary to inform occupants of the structure that the structure is floodproofed and identifying the specific location of any floodproofing equipment requiring human operation in order for the floodproofing to be effective;
h. A plan of the structure showing the location of the required floodproofing notices; and
i. A plan for maintenance and inspection of the floodproofing measures.
(4) A floodproofing certificate, signed and certified by a registered professional engineer or architect, accurately documenting the as-built elevation of the floodproofing improvements, must be submitted to the General Manager and accepted before release of a certificate of occupancy for the structure.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-39. Venting requirements.
Any structure or portion of a structure eligible to substitute venting in lieu of compliance with the applicable elevation requirement in Subsection 10-37(b) shall meet the following requirements:
(1) The structure must provide one (1) square inch of venting for every square foot of enclosed area;
(2) The structure must provide at least two (2) vents located on different sides of the structure, with one (1) being located on the upstream side of the structure if possible;
(3) The bottom of required vents must be no higher than one (1) foot above grade;
(4) The required vents must be freely open with no human intervention required;
(5) The area below the regulatory flood protection elevation must be unfinished and constructed of flood-resistant materials as the same are defined by FEMA. Sheetrock (drywall) used for fire protection is permitted in unfinished areas;
(6) All ductwork, heating, ventilation and air conditioning systems, electrical and hot water heaters included as part of the structure must be elevated to or above the regulatory flood protection elevation;
(7) The structure must be securely anchored to resist floatation;
(8) All of the above required features must be shown on the building plans submitted for the floodplain permit and building permit;
(9) An elevation certificate documenting the venting features included in a structure in a form satisfactory to the General Manager must be submitted prior to the issuance of a certificate of occupancy for the structure. For an accessory structure, a certification shall not be required, provided that the structure is inspected during routine inspection in connection with a building permit or certificate of occupancy.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-40. Specific standards
for crawl spaces.
Any crawl space not elevated at its lowest point to an elevation at least as high as the regulatory flood protection elevation shall meet the following requirements to be permitted:
(1) The velocity of the one-hundred-year flood flows impacting the structure must be less than five (5) feet/second;
(2) The interior grade elevation that is below the base flood elevation must be no lower than two (2) feet below the lowest adjacent grade;
(3) The interior height of the below-grade crawl space, as measured from the lowest interior grade of the crawl space to the top of the foundation wall, must not exceed four (4) feet at any point;
(4) The crawl space must have an adequate drainage system that includes a totally immersible pump that allows floodwaters to drain from the interior of the crawl space following a flood;
(5) All duct work, heating, ventilation and air conditioning systems, hot water heater and electrical, included within or as part of the structure must be elevated to the regulatory flood protection elevation; and
(6) Any such crawl space must meet the requirements of § 10-39.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-41. Specific standards
for mobile buildings and manufactured homes.
Any mobile building or manufactured home, where permitted, that is placed, relocated, redeveloped or substantially improved after the effective date of this Section, and any addition to a mobile building or manufactured home, shall meet the following requirements:
(1) The mobile building or manufactured home must meet the requirements of § 10-37, including but not limited to the requirement to be elevated so that the lowest floor is at or above the regulatory flood protection elevation. For a mobile building or manufactured home elevated on pilings:
a. The lot on which said structure is located must be large enough to permit steps;
b. The foundation pilings must be placed in stable soil no more than ten (10) feet apart; and
c. Reinforcement must be provided for any pilings more than six (6) feet above the ground level.
(2) The mobile building or manufactured home must be securely anchored on a permanent foundation to resist flotation, collapse or lateral movement and shall be capable of resisting the hydrostatic and hydrodynamic flood forces calculated to occur in a one-hundred-year flood. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors, and must comply with the following requirements:
a. Over-the-top ties must be provided at each of the four (4) corners of the mobile building, with two (2) additional ties per side at intermediate locations, and with one (1) additional tie per side if the building length is in excess of fifty (50) feet and one (1) additional tie per side for each additional fifty (50) feet of length.
b. Frame ties must be provided at each corner of the manufactured home or mobile building, with five (5) additional ties per side at intermediate points, except that only four (4) additional frame ties per side shall be required for manufactured homes and mobile buildings less than fifty (50) feet long.
c. All components of the anchoring system must be capable of carrying a force of four thousand eight hundred (4,800) pounds.
(3) The mobile building or manufactured home must meet the requirements and guidelines applicable to an individual manufactured home or mobile building set forth in the FEMA publication entitled, "Manufactured Home Installation in Flood Hazard Areas," FEMA85/September 1985.
(4) The mobile building or manufactured home must be placed in such a location and manner as to provide adequate access to allow the mobile building or manufactured home to be hauled from the site.
(5) The mobile building or manufactured home must be placed in a manner and location such that the requirements of § 26-544 are met.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-42. Specific standards
for recreational vehicles.
(a) Any recreational vehicle located on property in residential use in the Poudre River floodway or flood fringe shall be fully licensed and ready for highway use when located on such property.
(b) Any recreational vehicle located in a FEMA basin floodway or flood fringe or City basin floodway or flood fringe shall:
(1) Be present on a lot or parcel for fewer than one hundred eighty (180) consecutive days, or for a total of fewer than one hundred eighty (180) days in one (1) calendar year; or
(2) Be fully licensed and ready for highway use; or
(3) Comply with the requirements of § 10-41.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 5, 2-20-07)
Sec. 10-43. Development
in one-hundred-year floodplains in which no floodway has been designated.
No new construction, substantial improvements or other development, including structural and nonstructural development, shall be permitted within zones A1—A30 and AE, if no floodway has been delineated, unless it is demonstrated that the cumulative effect of the proposed development or activity, when combined with all other completed, pending and anticipated development, will not increase the base flood elevation more than six (6) inches at any point within the City.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-44. Development
in one-hundred-year floodplain in which base flood elevations have not been
determined.
No new construction, substantial improvements or other development, including structural and nonstructural development, shall be permitted within approximate A zones, if no base flood elevations have been established on a FIRM or City floodplain map, unless base flood elevation information consistent with the City's floodplain modeling guidelines is provided and all applicable requirements, including but not limited to the requirements of § 10-43, are met.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-45. Floodway evaluations.
Where otherwise permitted, any development, obstruction or activity that will result in an encroachment in or modification to the floodway shall be permitted only if the following requirements are met, using floodplain modeling and technical analysis consistent with floodplain modeling guidelines and standards established or approved by the General Manager including but not limited to the considerations and requirements set forth in § 10-27:
(1) Required demonstrations for floodway encroachments and/or modifications. At least one (1) of the following requirements must be met for any floodway encroachment or modification:
a. No rise. The development, obstruction or activity must be shown by appropriate floodplain modeling to result in no increase in base flood elevations, also referred to as no rise, as defined in § 10-16, and:
1. A certification signed by a registered professional engineer accurately documenting that no increase in base flood elevations will result from the proposed development, obstruction or activity, in a form approved by the General Manager, must be submitted prior to issuance of a floodplain permit, and
2. A certification signed by a registered professional engineer accurately documenting the as-built base flood elevations after completion of the development, obstruction or activity as resulting in no increase in base flood elevations must be submitted prior to the issuance of a certificate of occupancy, or, in the event no certificate of occupancy is required, upon completion of the improvements; or
b. No rise except on applicant land or easement. The development, obstruction or activity must be shown by appropriate floodplain modeling to result in no increase in base flood elevations or change in floodway or flood fringe boundaries, except on the applicant's contiguous property or on property for which the applicant has obtained and recorded easements sufficient to allow for the associated changes, and:
1. A certification signed by a registered professional engineer accurately documenting that no increase in the floodway or base flood elevations on other than the applicant's contiguous property or on property for which the applicant has obtained and recorded easements sufficient to allow for the associated changes will result from the proposed development, obstruction or activity, in a form approved by the General Manager, must be submitted prior to issuance of a floodplain permit; and
2. A certification signed by a registered professional engineer accurately documenting the as-built floodway and base flood elevations after completion of the development, obstruction or activity as resulting in no increase in the floodway or base flood elevations on other than the applicant's contiguous property or other than provided by recorded easements must be submitted prior to the issuance of a certificate of occupancy, or, in the event no certificate of occupancy is required, upon completion of the improvements.
(2) Map revisions.
a. Conditional map revisions. If any development or activity in the floodway results in a change to base flood elevations, floodway or flood fringe boundaries, a Conditional Letter of Map Revision must be approved by FEMA, or, for a City basin floodplain, a preliminary map revision must be approved by the General Manager prior to issuance of a floodplain permit or initiation of construction or permitted activities.
b. Final map revisions. Upon completion of development or other activities for which a floodplain permit and Conditional Letter of Map Revision are required pursuant to this § 10-45, a Letter of Map Revision or Physical Map Revision must be approved by FEMA, or, for a City basin floodplain, a final map revision must be approved by the General Manager, prior to issuance of a certificate of occupancy, or, in the event no certificate of occupancy is required, upon completion of the improvements.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 6, 2-20-07)
Sec. 10-46. Nonconforming
structures.
A nonconforming structure may be continued, notwithstanding the provisions of this Article, subject to the following conditions:
(1) If a nonconforming structure is abandoned for twelve (12) consecutive months, the structure shall conform to the requirements of this Article prior to any future use. Intent to resume active operations shall not affect the foregoing.
(2) If any nonconforming structure is substantially damaged by any means, including floods, such structure shall not be reconstructed, except in conformity with the provisions of this Article.
(3) Any substantial improvement to a nonconforming structure in a FEMA basin floodplain or City basin floodplain, or any cumulative substantial improvement to a nonconforming structure in the Poudre River floodplain, shall be made only in conformity with the provisions of this Article.
(4) No person shall change the use of a nonconforming structure in any floodway from a nonresidential structure to a residential structure or a mixed-use structure, or to increase the residential use area of a mixed-use structure.
(5) No person shall change the use of a nonconforming structure in any flood fringe from a nonresidential structure to either a residential structure or a mixed-use structure with residential use below the regulatory flood protection elevation, or to increase the residential use area of a mixed-use structure below the regulatory flood protection elevation.
(6) No person shall change the use of a nonconforming structure or existing structure that is not a critical facility to use as a critical facility contrary to the provisions of this Article, or change the use of a critical facility to another type of critical facility, or increase the physical area in use for a nonconforming critical facility, contrary to the provisions of this Article.
(7) A nonconforming structure may not be relocated, except that a nonconforming critical facility may be relocated within the same parcel of land without losing its legal nonconforming status.
(Ord. No. 37, 2005, 3-15-05)
No person shall cause, nor permit on property under said person's ownership or control, the construction or installation of improvements on the property, or a new use of the property or any portion thereof, if the same shall result in a use or expansion of a use of the property inconsistent with the requirements and prohibitions of this Article.
(Ord. No. 37, 2005, 3-15-05)
Secs. 10-48—10-70. Reserved.
DIVISION 4. POUDRE
RIVER FLOOD HAZARD AREAS
Sec. 10-71. Specific standards
for development in Poudre River floodway.
In addition to complying with all other applicable provisions of this Article, all development in the floodway of the Poudre River, as designated pursuant to § 10-19, shall comply with the following provisions. If there is any conflict between any of the following provisions and any other provision of this Article, the more restrictive provision shall control.
(1) New construction. Construction of new structures is prohibited.
(2) Additions. Addition to a structure is prohibited.
(3) Remodeling and repairs.
a. Remodeling and repair of a structure are allowed, provided that after completion of any cumulative substantial improvement all applicable requirements, including but not limited to the requirements of § 10-37, are met.
b. For a cumulative substantial improvement of a nonresidential structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10-37(b).
c. For a cumulative substantial improvement of a mixed-use structure, in the event that all residential use is on a floor completely above the regulatory flood protection elevation, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10-37(b).
d. Reconstruction of any structure that has suffered substantial damage is prohibited.
e. No new basement may be constructed below the regulatory flood protection elevation in any structure.
f. Nonconforming basements below the regulatory flood protection elevation are subject to the following restrictions:
1. Residential structure. No basement below the regulatory flood protection elevation may remain after completion of any cumulative substantial improvement of a residential structure.
2. Nonresidential structure. A nonconforming basement below the regulatory flood protection elevation may remain in connection with the remodeling or repair of a nonresidential structure, provided that, after completion of any cumulative substantial improvement, all applicable requirements, including but not limited to the requirements of § 10-38, are met.
3. Mixed-use structure. A nonconforming basement below the regulatory flood protection elevation may remain in connection with the remodeling or repair of a mixed-use structure, provided that after completion of any cumulative substantial improvement:
a) All residential use is on a floor completely above the regulatory flood protection elevation; and
b) All applicable requirements, including but not limited to the requirements of § 10-38, are met.
(4) Redevelopment. Redevelopment of any structure is prohibited.
(5) Manufactured homes and mobile buildings. Manufactured homes and mobile buildings, other than nonconforming manufactured homes and mobile buildings, are prohibited.
a. Development of a manufactured home park or a mobile building development is prohibited.
b. Expansion of a manufactured home park or a mobile building development is prohibited.
(6) Attached garages. A new attached garage shall be considered an addition and shall therefore be subject to the restrictions and requirements applicable to additions.
(7) Accessory structures.
a. Construction of an accessory structure or addition to an accessory structure is prohibited.
b. Reconstruction of an accessory structure that has been substantially damaged, or that constitutes redevelopment, is prohibited.
c. Remodeling or repair of an accessory structure is allowed, provided that, after completion of any cumulative substantial improvement, all applicable requirements, including but not limited to the requirements of § 10-37, are met.
d. For a cumulative substantial improvement of an accessory structure, the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b).
e. No new basement may be constructed below the regulatory flood protection elevation in any accessory structure.
f. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any cumulative substantial improvement, all applicable requirements, including but not limited to the requirements of § 10-38, are met.
(8) Floodway modifications. Floodway modification is prohibited unless all applicable requirements, including but not limited to the requirements of § 10-45, are met.
(9) Critical facilities. Critical facilities are prohibited.
(10) Dryland access. Dryland access must be provided in connection with any new structure or addition to or cumulative substantial improvement of any structure.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 7, 2-20-07)
Sec. 10-72. Specific standards
for nonstructural development in Poudre River floodway.
In addition to complying with all other applicable provisions of this Article, all nonstructural development in the floodway of the Poudre River, as designated pursuant to § 10-19, shall comply with the following provisions. If there is any conflict between any of the following provisions and any other provision of this Article, the more restrictive provision shall control.
(1) Fencing. Construction of new fencing is prohibited, unless the fencing is designed to break away, and is cabled together so as to not float downstream. As an alternative to a break-away design, a new fence may be designed to allow the passage of water by having a flap or opening in the areas at or below the base flood elevation sufficient to allow floodwaters to pass freely.
(2) Detention ponds. Construction of new detention ponds is prohibited unless all applicable requirements, including but not limited to the requirements of § 10-45, are met.
(3) Hard surface paths, trails and walkways. Construction of new hard surface paths, trails and walkways is prohibited unless all applicable requirements, including but not limited to the requirements of § 10-45, are met.
(4) Fill. Placement of fill is prohibited unless all applicable requirements, including but not limited to the requirements of § 10-45, are met.
(5) Outdoor storage/storage of floatable materials.
a. Outdoor storage of materials associated with a nonresidential use that are not defined as floatable materials in § 10-16, whether permanent or temporary, is prohibited, unless all applicable requirements, including but not limited to the requirements of § 10-45, are met.
b. Storage of floatable materials associated with a nonresidential use, whether permanent or temporary, is prohibited, except for that storage of floatable materials that was occurring as of July 1, 2000, which storage shall be allowed to continue until but only until the development of a new structure or addition or the cumulative substantial improvement of any existing structure, at which time such storage must be discontinued.
(6) Driveways and parking areas. Construction of new driveways and parking areas is prohibited unless all applicable requirements, including but not limited to the requirements of § 10-45, are met.
(7) Vegetation. Placement of new vegetation in the floodway in a location or of a quantity or type that is determined by the General Manager to likely result, upon maturity, in an increase in base flood elevations is prohibited, unless all applicable requirements, including but not limited to the requirements of § 10-45, are met.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 8, 2-20-07)
Sec. 10-73. Floodway encroachments
in Poudre River floodway.
Any new development, obstruction or activity that will result in an encroachment in or modification to the floodway is prohibited, except to the extent all requirements, including without limitation the requirements of § 10-45, are met.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 9, 2-20-07)
Sec. 10-74. Change of
use in Poudre River floodway.
No person shall change the use of any structure or property, or any portion thereof, located in the Poudre River floodway so as to result in a use or expansion of a use that is inconsistent with the requirements of this Article.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 10, 2-20-07)
Sec. 10-75. Specific standards
for residential development in Poudre River flood fringe.
In addition to complying with all other applicable provisions of this Article, all residential development in the flood fringe of the Poudre River floodplain, as designated pursuant to § 10-19, shall comply with the following provisions unless removed from the flood fringe in accordance with § 10-80. If there is any conflict between any of the following provisions and any other provision of this Article, the more restrictive provision shall control.
(1) New construction. Construction of a new residential structure is prohibited.
(2) Additions. Addition to a residential structure is prohibited.
(3) Remodeling and repairs.
a. Remodeling or repair of a residential structure is allowed, provided that, after completion of any cumulative substantial improvement, all applicable requirements, including without limitation the requirements of § 10-37, are met.
b. Reconstruction of a residential structure that has suffered substantial damage is allowed, provided that all applicable requirements, including but not limited to the requirements of § 10-37, are met.
c. No new basement may be constructed below the regulatory flood protection elevation in connection with any remodeling or repair of a residential structure.
d. No basement below the regulatory flood protection elevation may remain after completion of any cumulative substantial improvement of a residential structure.
(4) Redevelopment.
a. Redevelopment of a residential structure is allowed, provided that all applicable requirements, including but not limited to the requirements of § 10-37, are met.
b. No new basement may be constructed below the regulatory flood protection elevation in connection with any redevelopment of a residential structure.
c. No basement below the regulatory flood protection elevation may remain after completion of any redevelopment of a residential structure.
(5) Manufactured homes. Manufactured homes, other than nonconforming manufactured homes, are prohibited.
a. Development of a manufactured home park is prohibited.
b. Expansion of a manufactured home park is prohibited.
(6) Attached garages. A new attached garage attached to a residential structure shall be considered an addition and shall therefore be subject to the restrictions and requirements applicable to an addition to a residential structure.
(7) Accessory structures.
a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that the accessory structure complies with all applicable requirements, including but not limited to the requirements of § 10-37.
b. Remodeling and repair of an accessory structure, including reconstruction of an accessory structure that has been substantially damaged, is allowed, provided that, after completion of any cumulative substantial improvement, all applicable requirements, including but not limited to the requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including but not limited to the requirements of § 10-37, are met.
d. For an accessory structure, compliance with the requirements of § 10-38 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 10-37(b).
e. A new basement may be constructed below the regulatory flood protection elevation in an accessory s