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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/05/2022 - FIRST READING OF ORDINANCE NO. 039, 2022 AMENDING Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY April 5, 2022 Utilities-Master Plan & Floodplain Administration STAFF Ken Sampley, Director, Stormwater Eng/Devt Review Marsha Hilmes-Robinson, Floodplain Administrator Theresa Connor, Utilities Deputy Director Kendall Minor, Utilities Executive Director Eric Potyondy, Legal SUBJECT First Reading of Ordinance No. 039, 2022 Amending Chapter 10 of the Code of the City of Fort Collins Regarding Additions and Substantial Improvements in FEMA-Designated Floodplains. EXECUTIVE SUMMARY The purpose of this item is to adopt a proposed regulatory change to Chapter 10 of City Code to come into compliance with minimum regulations from the Federal Emergency Management Agency (FEMA) regarding additions and substantial improvements in FEMA floodplains. Under the new provision, the applicant will have two choices when proposing to build an addition in a FEMA floodplain: 1. Design and certify the addition as “structurally independent” and elevate the addition. The cost of the addition will not be included in the calculation of substantial improvement. 2. Include the addition in the calculation of substantial improvement. The addition will be required to be elevated. If the value of improvements, including the cost of the addi tion, is more than 50% of the value of the structure, then the existing structure will be considered substantially improved and will need to be protected. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading . BACKGROUND / DISCUSSION The Federal Emergency Management Agency (FEMA) has determined that certain provisions of the City Floodplain Management regulations in Article II, Chapter 10 of the City Code do not meet the minimum requirements of the National Flood Insurance Pr ogram (NFIP). Therefore, the City needs to bring certain portions of Article II, Chapter 10 of City Code into compliance. The proposed changes involve how additions are included in the calculation of “substantial improvements” in FEMA-designated floodplains (Spring Creek, Dry Creek, Boxelder Creek, Cooper Slough and the Poudre River). In the past, because additions were required to be elevated above the regulatory flood protection elevation, the City was not requiring the cost of the addition to be inclu ded in the substantial improvement calculation. However, FEMA has determined this does not meet minimum standards of the NFIP. Only if the Agenda Item 10 Item # 10 Page 2 addition is considered a “structurally independent addition” can the value of the addition be excluded from the substantial improvement calculation. Substantial improvements occur when the cost of improvements is greater than or equal to 50% of the market value of the structure. The purpose is to bring nonconforming structures into compliance over time. In most FEMA floodplains there is a one-year “look-back” period for improvements. For the Poudre River floodplain, the “look-back” period is cumulative over the life of the structure. If a structure is determined to be substantially improved, then the structure is required to be brought into compliance with Article II, Chapter 10 of City Code which would include the existing structure being elevated (residential) or floodproofed (non - residential) so that the existing structure is protected from flood damage. Substantial Improvement: Cost of Improvements ------------------------------------------- ≥ 50% Market Value of the Structure Under the new provision, the applicant will have two choices when proposing to build an addition in a FEMA floodplain: 1. Design and certify the addition as “structurally independent” and elevate the addition. The cost of the addition will not be included in the calculation of substantial improvement. 2. Include the addition in the calculation of substantial improvement. The addition will be required to be elevated. If the value of improvements, including the cost of the addition, is more than 50% of the value of the structure, then the existing structure will be considered substantially improved and will need to be protected. New Definition - Structurally Independent Addition - shall mean an addition that involves no alteration of the load-bearing structure of the existing building, is attached to the building with minimal connection, and has a doorway as the only modification to the common wall. A nonstructural addition shall not transfer loads exerted on the addition to the existing building and thus shall not share a foundation or other building elements that would create a load path between the addition and the existing building. Shared heating, ventilation, and air conditioning (HVAC), electrical, and plumbing between the addition and existing structure does not result in a structural connection. This proposed regulation change does not apply to City-designated floodplains, such as Old Town. FEMA considers any regulation in City-designated floodplains as a higher standard and therefore Fort Collins can continue not including the cost of protected (elevated or floodproofed) additions in the calculation of substantial improvement. Improvements to the existing structure will continue to be included in the calculation of substantial improvement. BOARD / COMMISSION RECOMMENDATION On February 17, 2022, the Water Commission unanimously approved a recommendation to Council to adopt the proposed code language regarding Additions and Substantial Improvements. Minutes are attached . (Attachment 1) On February 24, 2022, the Building Commission unanimously approved a recommendation to Council to adopt the proposed code language regarding Additions and Substantial Improvements. Minutes are attached (Attachment 2) Presentations were also made to the Historic Preservation Commission on Feb ruary 9, 2022, and the Planning and Zoning Commission on February 11, 2022. No action was taken by these Commissions. Agenda Item 10 Item # 10 Page 3 PUBLIC OUTREACH A Stakeholder Committee was formed to gather input from both internal and external design professionals that would be involved in additions and substantial improvements. The committee was used to gather feedback on the proposed changes. As a result, a new definition for “Structurally-Independent Addition” was developed and proposed for inclusion in the Code language. No other modifications were recommended. The Committee did stress that awareness of the new Code provision was important and provided recommendations on which organizations could assist with sharing the information. The following outreach was conducted: • Board of Realtors Newsletter • Board of Realtors Government Affairs Committee presentation – Feb. 11, 2022 • Fort Collins Building Services Newsletter • Home Builders Association Newsletter • Chamber of Commerce Newsletter ATTACHMENTS 1. Water Commission Minutes (excerpt) (PDF) 2. Building Review Commission Minutes (excerpt) (PDF) Excerpt from Unapproved DRAFT MINUTES WATER COMMISSION REGULAR MEETING February 17, 2022 5:30 p.m. – 7:30 p.m. Online via Zoom 02/17/2022 – Excerpt from Unapproved DRAFT MINUTES Page 1 Floodplain Additions and Substantial Improvement Code Change Marsha Hilmes-Robinson, Civil Engineer III, and Ken Sampley, Director of Stormwater Engineering and Development Review, presented to conduct outreach related to a proposed regulatory change to Chapter 10 of City Code to come into compliance with minimum regulations from the Federal Emergency Management Agency (FEMA) regarding additions and substantial improvements in FEMA floodplains. Discussion Highlights A Commissioner inquired if there is any way that a developer may piecemeal a project to work around the proposed codes to stay below the 50% threshold. Ms. Hilmes- Robinson responded that there is a time period defined in the City code for both FEMA and City floodplains, which is a one-year time period during which multiple projects must be combined. For the Poudre River, it is cumulative over the life of the structure, so it has a higher standard to minimize impacts. Mr. Sampley added that FEMA does not add a specified time period to obstruct piecemealing a project, so this language in the City code is a step further in mitigation. Another Commissioner asked clarification whether the code changes are required, to which Ms. Hilmes-Robinson responded that this is not a recommendation but rather a requirement from FEMA, which could result in probation if City code does not meet its standards, and ultimately expulsion from the National Flood Insurance Program. Commissioner Steed moved that the Water Commission recommend City Council adopt the proposed changes to Chapter 10 of City Code regarding additions and substantial improvements in FEMA floodplains. Commissioner Kahn seconded the motion. A Commissioner commented that the changes seem mostly administrative and does not introduce any major impacts. Another Commissioner noted that if the changes were applied to Old Town, there may have been challenges and issues. Vote on the Motion: it passed unanimously, 7-0 ATTACHMENT 1 Excerpt from Unapproved DRAFT MINUTES BUILDING REVIEW COMMISSION REGULAR MEETING February 24, 2022 9:00 a.m. – 12:00 p.m. Online via Zoom 02/24/2022 – Excerpt from Unapproved DRAFT MINUTES Page 1 Floodplain Additions and Substantial Improvement Code Change Marsha Hilmes-Robinson, Civil Engineer III, presented to conduct outreach related to a proposed regulatory change to Chapter 10 of City Code to come into compliance with minimum regulations from the Federal Emergency Management Agency (FEMA) regarding additions and substantial improvements in FEMA floodplains. Discussion Highlights A Commissioner inquired what would happen if the City did not come into compliance with the FEMA regulations. Ms. Hilmes-Robinson responded FEMA could put the City on probation from the National Flood Insurance program and ultimately, the City could be expelled from the program. New buyers of homes in the FEMA floodplain would not be able to purchase flood insurance, which would likely stop the sale of those properties. The Commissioner was pleased to see not many homes would be affected because as a homeowner, he would be concerned if he found out he had to meet all the requirements. He agreed that standalone additions should certainly be protected as demonstrated. Commissioner Steed moved the Building Review Commission recommend City Council adopt the proposed changes to Chapter 10 of City Code regarding additions and substantial improvements in FEMA floodplains. Commissioner Richards seconded the motion. The Chair commented the requirements in the proposed Code Change were better than the alternative, which was to tear out houses and clear the floodplain. Some communities have had to consider that, because if a house was flooded out, it could not be rebuilt. Vote on the Motion: it passed unanimously, 4-0 ATTACHMENT 2 -1- ORDINANCE NO. 039, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING ADDITIONS AND SUBSTANTIAL IMPROVEMENTS IN FEMA-DESIGNATED FLOODPLAINS WHEREAS, the City administers a floodplain management program as set forth in Article II, Chapter 10 of the Fort Collins Municipal Code (“City Code”); and WHEREAS, representatives of the Federal Emergency Management Agency (“FEMA”) have indicated that certain provisions of Article II, Chapter 10 of City Code do not meet the minimum requirements of the National Flood Insurance Program; and WHEREAS, the subject provisions concern how additions are included in the calculation of “substantial improvements” in FEMA-designated floodplains, those associated with Spring Creek, Dry Creek, Boxelder Creek, Cooper Slough, and the Cache la Poudre River; and WHEREAS, City staff has recommended that appropriate changes be made to Article II, Chapter 10 of City Code to meet the minimum requirements of the National Flood Insurance Program, which will also promote the health, safety, and welfare of the residents of Fort Collins; and WHEREAS, the Water Commission and the Building Review Commission, on February 17, 2022, and February 24, 2022, respectively, have each unimously approved a recommendation to City Council to adopt the appropriate changes to Article II, Chapter 10 of City Code as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 10-16 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-16. Definitions. . . . Cumulative substantial improvement shall mean any combination of repairs, demolition, reconstruction, rehabilitation, addition, or other improvements of a structure taking place during the time the structure has been located in a designated floodplain, 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 -2- 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. Cumulative substantial improvement shall not include the cost of any structurally independent addition. Also, cumulative substantial improvement shall not include ordinary maintenance activities, such as interior or exterior painting or decoration, replacement of windows, doors or other nonstructural elements, repair or replacement of heating or air conditioning appliances or hot water heaters, reroofing, and utility connections, provided that such improvements shall not be excluded from the overall work when carried out in connection with structural improvements. . . . Structurally independent add ition shall mean an addition that involves no alteration of the load- bearing structure of the existing building, is attached to the building with minimal connection, and has a doorway as the only modification to the common wall. A structurally independent addition shall not transfer loads exerted on the addition to the existing building and thus shall not share a foundation or other building elements that would create a load path between the addition and the existing building. Shared heating, ventilation, and air conditioning (HVAC), electrical, and plumbing between the addition and existing structure does not result in a structural connection. . . . Substantial improvement shall mean any combination of repairs, demolition, reconstruction, rehabilitation, addition, or other improvements of a structure for which the actual start of construction occurred during the twelve-month period preceding the floodplain use permit application date, 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. Substantial improvement shall not include the cost of any structurally independent addition and in City basin floodplains shall also not include the cost of any addition that meets the regulatory flood protection standard set forth in Section 10-37. Also, substantial improvement shall not include ordinary maintenance activities, such as interior or exterior painting or decoration, replacement of windows, doors or other nonstructural elements, repair or replacement of heating or air conditioning appliances or hot water heaters, reroofing and utility connections, provided that such improvements shall not be excluded from the overall work when carried out in connection with structural improvements. . . . -3- Section 3. That Section 10-26 of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows and all subsequent subparagraphs shall be renumbered accordingly: Sec. 10-26. - Utilities executive director's powers and duties. The duties and responsibilities of the Utilities Executive Director shall include but are not limited to: . . . (6) Require certification by a Colorado registered professional engineer and/or architect that any addition proposed as a structurally independent addition meets the definitions and requirements of this Chapter. . . . Section 4. That Section 10-27(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-27. - Floodplain use permit. . . . (b) The following information is specifically required and must be submitted by any floodplain permit applicant: . . . (4) Certification by a Colorado registered professional engineer and/or architect that any addition proposed as a structurally independent addition: (1) involves no alteration of the load-bearing structure of the existing building; (2) is attached to the existing building with minimal connection; (3) has a doorway as the only modification to the common wall; and (4) will not transfer loads exerted on the addition to the existing building and will thus not share a foundation or other building elements that would create a load path between the addition and the existing building. (45) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Section 5. That Section 10-75(7) of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph b. which reads in its entirety as follows and all subsequent subparagraphs shall be renumbered accordingly: -4- Sec. 10-75. - Specific standards for residential development in Poudre River flood fringe. . . . (7) Accessory structures. . . . b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. . . . Section 6. That Section 10-76 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-76. - Specific standards for nonresidential development in Poudre River flood fringe. . . . (2) Additions. a. Addition to a nonresidential structure is allowed, provided that all appliable requirements, including, but not limited to, the requirements of § 10-37, are met. b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. bc. For an addition to a nonresidential structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). cd. A new basement may be constructed below the regulatory flood protection elevation in an addition to a nonresidential structure, provided that all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . -5- (6) Attached garages. a. Addition of an attached garage to a nonresidential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met by the attached garage. b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. bc. For a garage attached to a nonresidential 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). (7) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. bc. Remodeling or 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. cd. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. de. 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). ef. A new basement may be constructed below the regulatory flood protection elevation in an accessory structure, provided that all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. fg. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any cumulative substantial improvement or redevelopment, all applicable -6- requirements, including, but not limited to, the requirements of § 10-38, are met. . . . Section 7. That Section 10-77 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-77. - Specific standards for mixed-use development in Poudre River flood fringe. . . . (2) Additions. a. An addition to a mixed-use structure is prohibited, except that an addition to a mixed use structure that results in expansion of only non-residential floors of said structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. bc. For an addition to a mixed-use structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirement of Subsection 10-37(b). cd. A new basement may be constructed below the regulatory flood protection elevation in an addition to a mixed-use structure, provided that: 1. All residential use is on a floor completely above the regulatory flood protection elevation; and 2. All applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . (5) Attached garages. a. Addition of an attached garage to a mixed-use structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met by the attached garage. b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. bc. For a garage attached to a mixed-use 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). -7- (6) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. bc. Remodeling or 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. cd. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. de. 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). ef. A new basement may be constructed below the regulatory flood protection elevation in an accessory structure, provided that all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. fg. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any cumulative substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. Section 8. That Section 10-80(b)(1) of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph e. which reads in its entirety as follows and all subsequent subparagraphs shall be renumbered accordingly: Sec. 10-80. - Removal of property from Poudre River flood fringe. . . . (b) LOMR-F. Property located in the flood fringe of the Poudre River shall be considered removed from the flood fringe if a FEMA Letter of Map Revision based on Fill (LOMR- F) removing the property from the flood fringe based on fill has been issued by FEMA and remains in effect. -8- (1) LOMR-F Review and Approval. The Utilities Executive Director shall review any application for a LOMR-F removing property from the flood fringe, and the following conditions shall apply to any LOMR-F certified by the City as reasonably safe from flooding: . . . e. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. . . . Section 9. That Section 10-102 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-102. - Specific standards for residential development in floodways. . . . (6) Attached garages. a. Addition of an attached garage to a residential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met by the garage portion of the structure. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10-37. bd. For a garage attached to a residential 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). (7) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met by the accessory structure. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as -9- being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth i n §10-37. bd. Remodeling and repair of an accessory structure is allowed, provided that, after completion of any substantial improvement, all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. ce. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. df. 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). eg. No new basement may be constructed below the regulatory flood protection elevation in any accessory structure. fh. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . Section 9. That Section 10-103 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-103. - Specific standards for nonresidential development in floodways. . . . (2) Addition. a. Addition to a nonresidential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10 -37. -10- bd. For an addition to a nonresidential structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). ce. No new basement may be constructed below the regulatory flood protection elevation in an addition to a nonresidential structure. . . . (6) Attached garages. a. Addition of an attached garage to a nonresidential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met by the attached garage. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10 -37. bd. For a garage attached to a nonresidential 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). (7) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met by the accessory structure. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10 -37. bd. Remodeling and repair of an accessory structure is allowed, provided that, after completion of any substantial improvement, all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. ce. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. -11- df. 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). eg. No new basement may be constructed below the regulatory flood protection elevation in any accessory structure. fh. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . Section 10. That Section 10-104 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-104. - Specific standards for mixed-use development in floodways. . . . (2) Addition. a. Addition to a mixed-use structure for residential use is prohibited. b. Addition to the nonresidential use portions of a mixed-use structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met. c. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. d. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10 -37. ce. For an addition to a mixed -use structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10 -37(b). df. No new basement may be constructed below the regulatory flood protection elev ation in an addition to a mixed -use structure. . . . (5) Attached garages. a. Addition of a new attached garage to a mixed-use structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met by the attached garage. -12- b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets t he regulatory flood protection standard set forth in §10 -37. bd. For a garage attached to a mixed-use structure, compliance with the requirements of § 10-38 or the requirements of § 10 -39 may be substituted for compliance with the applicable requirement s of Section 10-37(b). (6) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-45 and the requirements of § 10-37, are met by the accessory structure. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10 -37. bd. Remodeling and repair of an accessory structure is allowed, provided that, after completion of any substantial improvement, all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. ce. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. df. 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). eg. No new basement may be constructed below the regulatory flood protection elevation in any accessory structure. fh. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . -13- Section 11. That Section 10-108 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-108. - Specific standards for residential development in flood fringe. . . . (2) Additions. a. An addition to a residential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10 -37. bd. No new basement may be constructed below the regulatory flood prot ection elevation in any addition to a residential structure. . . . (6) Attached garages. a. Addition of an attached garage to a residential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met by the attached garage. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10 -37. bd. For a garage attached to a residential 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). (7) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. -14- b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10 -37. bd. Remodeling and repair of an accessory structure is allowed, provided that, after completion of any substantial improvement, all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. ce. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. df. 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). eg. A new basement may be constructed below the regulatory flood protection elevation in an accessory structure, provided that all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. fh. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . Section 12. That Section 10-109 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-109. - Specific standards for nonresidential development in flood fringe. . . . (2) Additions. a. Addition to a nonresidential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10 -37. -15- bd. For an addition to a nonresidential structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). ce. A new basement may be constructed below the regulatory flood protection elevation in an addition to a nonresidential structure, provided that all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . (6) Attached garages. a. Addition of an attached garage to a nonresidential structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met by the attached garage. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in t he determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10 -37. bd. For a garage attached to a nonresidential 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). (7) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10 -37. bd. Remodeling and repair of an accessory structure is allowed, provided that, after completion of any substantial improvement, all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. ce. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. -16- df. 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). eg. A new basement may be constructed below the regulatory flood protection elevation in an accessory structure, provided that all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. fh. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . Section 13. That Section 10-110 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-110. - Specific standards for mixed-use development in flood fringe. . . . (2) Additions. a. Addition to a mixed-use structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10 -37. bd. For an addition to 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). ce. A new basement may be constructed below the regulatory flood protection elevation in an addition to a mixed-use structure, provided that: 1. All residential use is on a floor completely above the regulatory flood protection elevation; and 2. All applicable requirements, including, but not limited to, the requirements of § 10-38, are met. . . . -17- (5) Attached garages. a. Addition of an attached garage to a mixed-use structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met by the attached garage. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10 -37. bd. For a garage attached to a mixed-use 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). (6) Accessory structures. a. Construction of a new accessory structure or addition to an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10 -37. bd. Remodeling and repair of an accessory structure is allowed, provided that, after completion of any substantial improvement, all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. ce. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10-37, are met. df. 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). eg. A new basement may be constructed below the regulatory flood protection elevation in an accessory structure, provided that all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. fh. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that, after completion of any substantial improvement or redevelopment, all applicable requirements, including, but not limited to, the requirements of § 10-38, are met. -18- . . . Section 14. That Section 10-113(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-113. Removal of property from flood fringe of FEMA basin floodplains. . . . (b) LOMR-F. Property located in the flood fringe of a FEMA basin floodplain shall be considered removed from the flood fringe if a FEMA Letter of Map Revision based on Fill (LOMR-F) removing the property from the flood fringe has been issued by FEMA and remains in effect. (1) LOMR-F Review and Approval. The Utilities Executive Director shall review any application for a LOMR-F removing property from the flood fringe based on fill, and the following conditions shall apply to any LOMR-F certified by the City as reasonably safe from flooding: a. A floodplain use permit shall be obtained for any development in a LOMR-F area. b. Any new structure, accessory structure, attached garage, or addition, substantial improvement or redevelopment must meet all applicable requirements, including, but not limited to, the requirements of § 10-37, except that for nonresidential structures and mixed-use structures with all residential use 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). c. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. cd. Critical facilities and expansions of critical facilities are prohibited. de. Manufactured homes and mobile buildings other than a nonconforming manufactured home or mobile building are prohibited, except that: 1. A manufactured home or mobile building may be replaced, provided that the replacement manufactured home or mobile building complies with all applicable requirements, including, but not limited to, the requirements of § 10-41. 2. Manufactured home parks and mobile building developments, other than nonconforming manufactured home parks and mobile building developments, are prohibited. 3. Expansion of a manufactured home park or a mobile building development is prohibited. -19- (2) Unconditional or Annexed LOMR-F Approvals. For any development in an area removed from the flood fringe through a LOMR-F that did not include the conditions described in Paragraph (b)(1), or that was approved prior to annexation to the City, the development must meet all requirements of Paragraph (b)(1) in addition to meeting all conditions of the LOMR-F approval, except that, for properties annexed to the city prior to January 1, 2014, only the following shall apply: a. The development must meet all conditions of the LOMR-F approval; and b. For any new structure, accessory structure, attached garage or addition, substantial improvement or redevelopment, the development must also meet requirements of § 10-37, except that: 1. The applicable flood protection elevation required shall be twelve (12) inches above the base flood elevation, regardless of the elevation level stated in § 10 - 37; and 2. For nonresidential structures and mixed-use structures with all residential use on a floor completely above the regulatory flood protection elevation, compliance with the requirements of § 10-38 may be substituted for compliance with the elevation requirement in Subparagraph (b)(2)b.1. c. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 2021, and to be presented for final passage on the 19th day of April, A.D. 2022. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 19th day of April, A.D. 2022. __________________________________ Mayor ATTEST: _____________________________ City Clerk