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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/01/2005 - FIRST READING OF ORDINANCE NO. 037, 2005, REPEALIN ITEM NUMBER: 26 AGENDA ITEM SUMMARY DATE: March 1, 2005 FORT COLLINS CITY COUNCIL STAFF: Jim Hibbard Bob Smith Marsha Hilmes - Robinson SUBJECT First Reading of Ordinance No. 037, 2005, Repealing and Reenacting Article II of Chapter 10 of the City Code Regarding Flood Hazard Areas. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. The Water Board and the Planning and Zoning Board recommend adoption of the Ordinance. FINANCIAL IMPACT Adoption of the Ordinance will have no impact on the City Budget, but will decrease the discount on premiums paid by citizens for the 356 flood insurance policies in the city by 5% or community wide by $9,256. EXECUTIVE SUMMARY The proposed ordinance modifies the City Code to reflect changes to the floodplain regulations that balance risk with regulation for floodplains citywide, excluding the Poudre River floodplain. Regulations for the floodway (areas of the highest risk) are more restrictive than for areas in the floodplain fringe and moderate risk areas. Regulations are more restrictive for new development and less restrictive for existing development. Residential development has more restrictive regulations than non-residential development. Areas of the lowest flood hazard, moderate risk floodplains, are not subject to any restrictions. Other changes to the Code include the incorporation of restrictions for erosion buffer zones, which have previously been addressed in stormwater master plans. Revisions were also made to bring the Code into compliance with current FEMA criteria. To make the City Code more user friendly and easier to understand, the entire Flood Hazard article (Article H) was rewritten and more details were added to clarify specific types of development activities and the applicable floodplain requirements. The section regarding the Poudre River floodplain has no policy changes but was changed to be in the same format. March 1, 2005 -2. Item No. 26 Public outreach was completed during the formulation of the floodplain regulation changes which included mailings, open houses, boards and commissions review and newspaper articles. City Council discussed this item at its January 13, 2004, and February 8, 2005, study sessions. BACKGROUND AND PAST COUNCIL DIRECTION The City of Fort Collins has participated in the National Flood Insurance Program since 1979, which enables property owners to purchase flood insurance through this federal program. Part of that participation includes the City's enforcement of floodplain regulations on existing and new development in the various floodplains across the city. Undeveloped properties located in a floodplain are allowed to develop as long as they comply with the floodplain regulations. The Fort Collins Utilities is charged with the administration of these regulations. The purpose of the enforcement of the regulations is to reduce the potential for loss of life and damage to properties located in or near these floodplains. Periodically the City has revised or updated these floodplain regulations. Floodplain regulations were first adopted in the city in the mid 1970's for the Poudre River. In 1979 the City of Fort Collins entered the National Flood Insurance Program based on updated floodplain regulations for the Poudre River, and newly adopted floodplain regulations for the Spring Creek, and Dry Creek basins. Between 1979 and 2001 enforcement of floodplain regulations was expanded to other basins within the City as the master plans for those basins were adopted. FEMA basin floodplains have now been established in the Poudre River, Spring Creek, Dry Creek, Cooper Slough and Boxelder Creek basins. In the FEMA basins there are minimum standards set by FEMA that must be met in order to participate in the National Flood Insurance Program. However, FEMA encourages and supports communities that go beyond the minimum FEMA regulations to add new or stricter requirements in both FEMA and locally designated floodplains. Several of the floodplains in the city have not been submitted to or approved by FEMA. In these floodplains the City has the option to establish floodplain criteria less restrictive than the FEMA minimum. City basin floodplains are located in the Old Town, West Vine, McClellands/Mail Creek, Canal Importation, Foothills and Fossil Creek basins. After the 1997 flood, questions were raised concerning the adequacy of the City's floodplain regulations. City Council directed City staff to review the floodplains across the city and make recommendations on changes. In 2000, the floodplain regulations for the Poudre River were reviewed and changes to the regulations were adopted. Regulations for the other basins were to be reviewed as the City remapped the 100-year floodplains during the development of the basin master plans using the updated rainfall standard. In 2001, the Canal Importation Basin Master Plan and floodplain were adopted by City Council. Floodplain regulations were initially adopted for both existing and new development. However, several months later, City Council suspended regulations for platted and existing development on an interim basis until the citywide review could be completed. However, City Council retained the requirement that new development and critical facilities in that basin continue to March 1, 2005 -3- Item No. 26 comply with the floodplain regulations as contained in City Code. At that time, staff was instructed to review the City's floodplain regulations for all basins other than the Poudre River with the goal of balancing risk with regulation. In September of 2001, the Utilities General Manager was given the authority to remap the floodplains using the higher rainfall standard. The new mapping was completed in 2002 and 2003. On January 13, 2004, City Council held a study session on the proposed floodplain regulation revisions. Staff received the following input: • Council agreed with staff's approach of balancing risk with regulation. • Most Councilmembers did not have comments on specific regulations. There was one concern about allowing critical facilities in the moderate risk zone, i.e. 500-year floodplain or 100-year sheet flow areas with an average depth of 1-foot. • There was general support for making the changes although they will change the community flood insurance rating from a class 4 CRS rating to a class 5. • Two members of the Council expressed concern about proposed regulations less strict than FEMA minimums, while others felt it was appropriate. During that discussion, City Council asked for the following additional information: • What impact do floodplain regulations have on property values? The City's Real Estate Services Department performed an audit of home sales in four areas of the city. That audit compared home sales outside of the floodplain with comparable homes sold in the floodplain. The results of this analysis found that there was no discernable difference in sale price compared to those in the floodplain and those outside the floodplain. However, in some cases those in the floodplain did have a higher sales price than those outside of the floodplain. • What is the probability of a 500-year event over the life of a 30-year mortgage? There is a 5.8% chance that there will be a 500-year flood over a 30-year mortgage on a home. There is a 26% chance of a 100-year event over that same period. • Provide an example of a typical 500-year floodplain map. A map showing an example of a 500-year floodplain was presented at the February 8, 2005 study session. On February 8, 2005, City Council held a study session on the proposed floodplain regulation revisions. The following key discussion points were provided by Council: Council still agreed with staff's approach of balancing risk with regulation. • There were no changes to specific regulations. Two Council members had concern with allowing certain types (gas stations, schools and health care facilities) of critical facilities in the moderate risk floodplain. Another Council member supported the staff recommendation and indicated a willingness to consider more restrictive March 1, 2005 -4- Item No. 26 regulations on some types of critical facilities and less restrictive regulations on others. • There was general consensus that it is acceptable to change from a class 4 CRS rating to a class 5, however, some expressed concern that the critical facility regulation in the moderate risk floodplain would cause the class to change. During that discussion, City Council asked for additional information in the following areas: • Number of critical facilities in the moderate risk floodplain. Schools—3 Gas Stations—2 Utility Facility— I Emergency Response Facility— 1 (City Hall ) Hazardous Material Storage—1 • An evaluation of the risk to certain types of critical facilities Flows in the moderate risk floodplains are the shallowest and slowest compared to the other floodplains. These types of flows can generally be traversed by vehicles and pedestrians and are not likely to cause structural damage or large amounts of floating debris. See the attached February 15, 2005 staff memorandum to Council. Floodplain Maps and Property Statistics A map of the revised citywide floodplains is attached. The floodplains on this map are the maximum extent of the existing (FEMA) mapping and the new City mapping. The 100-year floodways (areas of greatest risk with high depths and velocities) are shown in dark blue. The 100-year flood fringe is shown in light blue. The moderate risk areas, shown in green, are either the existing FEMA 500-year floodplain in the Poudre River basin or areas of sheet flow in the 100-year floodplain in the other basins. The 500-year floodplain will not be mapped in basins other than the Poudre River. Citywide statistics for the 100-year floodplain are shown in the following table. Floodplain Statistics Floodwav Flood Frin a Moderate Risk Area acres 1900 1200 500 Number of Structures 700 1500 900 Revised mapping has been submitted to FEMA for the basins that have FEMA basin floodplains, except for Dry Creek, which will be submitted after the completion of the Dry Creek Flood Control Project. This will result in only one regulatory map per basin. Floodplain maps are also revised after each capital improvement project to reflect areas that are no longer in a mapped floodplain. Since 1997, over 900 structures were removed from the floodplain in the Old Town basin due to the construction of stormwater capital projects. March 1, 2005 -5- Item No. 26 Proposed Floodplain Regulations As staff began review of the floodplain regulations, the purpose of floodplain regulations as contained in Chapter 10 of the City Code was reviewed and paraphrased into the following statement of purpose. "Strive to promote public safety, raise awareness of flooding risks, and reduce public and private losses from floods through enforcement of floodplain criteria that balance risk with regulation." To carry out this purpose, three underlying themes were identified: 1. Floodway vs. Flood Fringe Map a floodway (areas of greatest depths and highest velocity) in all of the City's floodplains where practical. This allows the higher risk areas to be distinguished from the floodplain areas of lower risk. Staff is recommending stricter regulations in the higher risk floodway areas and less restrictive regulations in the remaining 100-year floodplain. 2. New Development vs. Existing Development It is important not to create future problems that will place more people at risk and require those in the future to spend money fixing new problems. On the other hand, there are many existing homes and businesses currently in floodplains where owners have normal expectations of being able to remodel, repair and add to their structures. Staff is recommending stricter regulations for new development and less strict regulations for existing structures. 3. Residential Development vs. Non-Residential Development From a health and human safety perspective, residential structures represent a higher risk than commercial structures. Staff is recommending stricter regulations for residential development and less strict regulations for commercial development. Compared to the City's current regulations, some of the proposed regulations are more restrictive, while others are less restrictive. The attached floodplain regulation matrix identifies the proposed regulation changes. It is color coded to show which changes are more restrictive, less restrictive, or remain the same when compared to existing regulations. This matrix also compares the proposed regulations to the FEMA minimum requirements. To help illustrate these regulations with less complexity, the attached "Proposed Floodplain Regulations Quick Guide" was prepared. Key Changes to Floodway Areas More Restrictive than Current Regulations • New residential structures would not be allowed. Currently they are allowed if they show no-rise. • New residential additions would not be allowed. Currently they are allowed if they show no-rise. March 1, 2005 -6- Item No. 26 • Basements in non-residential new structures and additions would not be allowed. Currently they are allowed if floodproofed. Less Restrictive than Current Regulations • Substantial Improvement time period changed from the life of the structure to 1-year. • Freeboard requirement changed from 18-inches to 6-inches on substantial improvements and non-residential additions. • Utilities General Manager can waive floodplain regulations in a City basin floodplain if a capital project is under construction. Currently, completion of the project is required. • Sub-grade crawl spaces would be allowed per new FEMA guidelines. Currently sub- grade crawl spaces are not allowed. Key Changes to Floodplain Fringe Areas More Restrictive than Current Regulations • New mobile homes or modular offices would not be allowed except in existing parks or as a replacement for an existing mobile home or modular office. Currently the development of new mobile home and modular offices parks are allowed. Less Restrictive than Current Regulations • Substantial Improvement time period changed from the life of the structure to 1-year. • Improvements on a floor above the flood elevation would not count toward the substantial improvement amount (50% of current market value) for structures in a City basin floodplain. Currently all improvements in the structure count toward the substantial improvement amount. • Freeboard requirement would be changed from 18-inches to 6-inches on substantial improvements and additions. • Utilities General Manager would be able to waive floodplain regulations in a City basin floodplain if a capital project is under construction. Currently, completion of the project is required. • Sub-grade crawl spaces would be allowed per new FEMA guidelines. Currently sub- grade crawl spaces are not allowed. Key Changes to Moderate Risk Floodplain Areas Less Restrictive than Current Regulations • Allow new critical facilities in the 500-year floodplain and in the 100-year sheet flow areas of less than 1-foot. Currently new critical facilities are not allowed in the moderate risk areas. • New structures or additions in the 100-year sheet flow areas do not have to be elevated or floodproofed. Currently they are required to be protected. March 1, 2005 -7- Item No. 26 Code Language Changes in Erosion Buffer Zones Erosion buffer zones, identified in the Stormwater Master Plan, are areas along certain streams that need regulation due to the tendency of the stream to change its alignment. Previously requirements for erosion buffer zones were administered with the basin master plan. To consolidate like regulations into a common area, the regulations for erosion buffer zones are being added to the floodplain provisions of Article H. The majority of erosion buffer zones are along Fossil Creek and Boxelder Creek. Other Changes There are some minor"housekeeping" items that are included in the proposed code. These items are needed to make City Code to be compatible with current FEMA terminology and interpretations. To make the City Code more user friendly and easier to understand, Article 11 of Chapter 10 of the City Code was rewritten and more language was added to clarify specific types of development activities in the floodplain and their applicable floodplain requirements. The Poudre River floodplain regulations were rewritten in order to provide a consistent format and make the Code easier to understand and use. There are no policy or regulatory changes to the provisions of the Poudre River floodplain regulations. Proposed Regulations below FEMA Minimums In the past, the City basin floodplains have been regulated the same as the FEMA basin floodplains with some criteria above the FEMA minimum. However, in the proposed regulations for the City basin floodplains, two of the criteria are less restrictive than the FEMA minimum. These are: 1. Improvements on a floor above the flood elevation would not count toward the substantial improvement amount (50% of current market value). 2. The Utilities General Manager would be able to waive floodplain regulations once a stormwater capital project is under construction that will remove the structure from the floodplain. Effectively, this means that City basin floodplains would be regulated at a lower level than FEMA floodplains on the above two criteria. Community Rating System and Flood Insurance Considerations Fort Collins currently has one of the highest rated stormwater management programs in the country based on the FEMA Community Rating System (CRS). The CRS is a voluntary incentive program that encourages communities to go beyond FEMA minimum requirements for floodplain management. Based on a rating of numerous stormwater management activities (public outreach, higher regulatory standards, drainage system maintenance, flood warning, etc.) residents and businesses of a community receive a discount on their flood insurance premiums. March 1, 2005 -8- Item No. 26 Fort Collins currently has a Class 4 rating (on a scale of 1 to 10 with 1 being the best) which results in a 30% discount on flood insurance premiums. All structures in Fort Collins are eligible for flood insurance regardless of whether they are located in a floodplain or not. Lenders must require flood insurance for any structure in a FEMA basin floodplain. Lenders may require flood insurance for structures in City basin floodplains or areas not even mapped in a floodplain, although this is not a common practice. The cost of flood insurance depends on many variables including amount of coverage, deductibles, type of structure, and how high the structure is elevated above the flood level. As of November 2004, there are 356 flood insurance policies in Fort Collins. Of the 356 policies, 72% are residential and 28% are non-residential. Changes in regulations as proposed would result in Fort Collins moving from Class 4 to Class 5. This will result in the City's discount rate dropping to 25%. The impact of this change is shown in the following table. Impact of CRS Class Change on Annual Flood Insurance Premiums Average Annual Average Annual Community Wide Premium Before Percent Premium After Annual Premium CRS Class Discount Discount Discount Cost 5 ro osed 48 25% 407 $144,892 4 current 548 30% 381 $135,636 Difference 5% 26 2 6 Fort Collins obtained the Class 4 rating in 2000, having had a Class 6 rating since 1995. As of October 2004, there were 1,006 communities nationwide participating in the CRS program. The following graph shows the distribution of communities by CRS class: National Flood Insurance Program CRS Communities by Class Soo 460 407 a 400 360 321 1,006 Communites E 300 66%of NFIP Polices °u 250 196 a 200 150 100 53 e 50 26 2 1 0 Class 9 Class 6 Class 7 Class 6 Class 5 Class 4 Class 2 The City recently received a $2.7 million Pre-Disaster Mitigation (PDM) grant from FEMA for capital projects on Spring Creek. Although our CRS rating was not used as a rating factor in this application, staff has learned a community's CRS rating will be used as a factor in evaluating March 1, 2005 -9- Item No. 26 future PDM grant applications. How much weight is given the CRS rating and effect of the proposed CRS class change on future grant applications is unknown. There are two specific regulations staff is proposing to become less restrictive that will effectively result in Fort Collins moving to a Class 5. If Council wants to maintain the Class 4 rating, the following regulations would have to be adopted in lieu of the staff recommendation: • allow no new critical facilities in the moderate risk areas, and • require the time period for calculation of substantial improvement be cumulative for 10 years (instead of 1 year as proposed) in the FEMA floodplains. Public Outreach The process of informing property owners in the City's 12 stormwater basins of upcoming changes to both the master plan and floodplain regulations began in early 2002 and continued until late 2003. A variety of communication tools such as customer mailings, web pages, press releases and media interviews, public meetings and open houses, and outreach to both internal and external groups potentially affected were used. In 2002, customers most affected by floodplain boundaries and proposed regulations were identified as the primary focus of initial outreach. Because a significant number of those within the mapped floodplains are Larimer County residents, City and County staff collaborated on public outreach. These customers received a packet that included comprehensive information about: • floodplain mapping, • the review process for floodplain regulations, and • the impacts on property mapped within the floodplains. Each property owner/renter also received: • an individualized floodplain map showing their property relative to the floodplain, • a flood history for his or her basin, and • property protection information. Eight public open houses were held to provide an opportunity for customers and staff to discuss the information included in the mailings as well as the master planning process. Customers received mailed invitations and open houses were advertised in the Fort Collins Coloradoan and North Forty News. At the same time, web pages were developed on the Utilities Web site to provide additional information. Over 4,000 packets were mailed, and 250 people attended the 8 open houses held during the year. In 2003, public outreach was expanded to include all property owners and renters in the City's stormwater drainage basins, not just those within the mapped floodplains. At a kickoff open house held in February, property owners and renters were invited to learn more about the City's stormwater drainage basins, floodplains and regulations, safety and flood protections, and the regional weather patterns that can result in flash flooding. March 1, 2005 -10- Item No. 26 Following the kickoff, nine additional public open houses were held. Information presented at the open houses consisted of basin-specific information as well as information about the citywide planning process, including: • flooding histories for each basin, • maps showing identified basin problems, • maps showing proposed solutions, • proposed floodplain regulations, • stormwater project funding, and • the process for adoption of master planning and floodplain regulations. Over 62,000 pieces of mail were sent, including informational packets, basin-wide kickoff invitations, open house invitations and letters to 24 community organizations. Publicity for the outreach campaign included media releases and briefings, and advertising in local media. The nine open houses were attended by 470 people. Of the 24 community organizations contacted, seven asked for presentations or more information. Presentations were made to six City boards and commissions, including the Water Board, the Natural Resources Advisory Board, the Planning and Zoning Board, the Affordable Housing Board, Landmark Preservation Board and Parks and Recreation Board. The Water Board and the Planning and Zoning Board recommend adoption of the recommended changes. The consensus of the Affordable Housing Board was that the approach was reasonable and agreed with the proposed changes. The Natural Resources Advisory Board, the Parks and Recreation Board and the Landmark Preservation Commission elected not to provide a formal recommendation. Their comments were included in the summary of comments however. Comment forms were available at the open houses and on the Utilities Web site. Thirty-three comment forms were submitted. Although most of those who attended open houses did not comment formally on either the proposed master plan or floodplain regulations, almost everyone got a chance to express their views to staff. Comments received on floodplain issues can generally be summarized as follows: • questions about the rainfall standard, never seen that much water, even in 1997, • agreed with the themes used to balance risk with regulation, • questions about the accuracy of the mapping, offered data for review, • regulations have a financial impact on property owners, • regulations are too strict, • regulations are not strict enough, • would like different regulations in each basin, • properties in floodplains pay for flood insurance in addition to stormwater rates, and • they benefited from remapping and would like the City to submit to FEMA as soon as possible. March 1, 2005 -11- Item No. 26 ATTACHMENTS 1. City of Fort Collins Flood Risk Map 2. Floodplain Regulation Review Table (Matrix) 3. Proposed Floodplain Regulations Quick Guide 4. Council Memo dated February 15, 2005 Re: Critical Facilities in Moderate Risk Floodplains 5. Water Board Minutes Excerpt dated September 25, 2003 6. Planning and Zoning Board Minutes Excerpt dated April 15, 2004 7. Affordable Housing Board Minutes Excerpt dated August 7, 2003 CITY OF FORT COLLINS ATTACHMENT FLOOD RISK MAP + Mll \ 0 65 t 2 i A l•titirti i `+ i M�eAT;,D VM..DN — ARM JAI e DRA�l In i 9 J L r k l t V ri \ t —r y 1 � Floodplain Legend NMh Mass Legend � Pudre lUver YAles FrMicl hNAn(MMiVtlo]IY'-e) ■wi'H���EEHSWYwr(mlpen lFEMP breX-NaMEI. City Limits ro.ba..pproe. ....wetlecn.d wn,ti�,row. -o�.woi:,.a ev ro....rmm u»,00v�,nootl UGA Fwoa F,,,,ye-M.v i,pw.: -AmdFEMAIWyme flco]peIn IFEMOlMyq PE,PO,ertl PNl ❑ pp.ewlaMWFEMReM CirympiFaElWyeeraM SLQryv -Mms dClly tCbyealA ptin'vcLSrq pwtliry aMestlLwl Fpi¢yna.Lwal tl2inaae p,LMmf mev alll euw. I—�^•-n w•'�•°�ne d Fe kM. Water Features R. •100 year floodgain its shown a:the,naXdmu,n extent of FEMA and City nooddains oonroined. Major Streets Updated Dec.9,211,1 FLOODPLAIN REGULATION REVIEW TABLE FORALL CITY AND FEMA FLOODPLAINS EXCEPT THE POUDRE RIVER PROPOSED REGULATION COLOR KEY: MORE RESTRICTIVE IFSSREVIRIf II\'1- NO CHANGE High Risk I Moderate Risk It.....lo., "no"I.... 100-year Floculplain Fringe 500,mr floodithdri or less than I it sheet n.... Issue Existing City FEMA Recommended Recommended Existing City FEMA Recommended Recommended Existing City FEMA Recommended Recommended Regulation Minimum Regulation Regulation Regulation Minimum Regulation Regulation Regulation Minimum Regulation Regulation Regulation Residential end Non-Residential Regulation Residential Non-Residential Regulation Residential Non-Residential Mixed Use and Mixed Use and Mixed Use Roadway No-nse in flood No-riwe in flood City FP-Ne-rise City FP-Nu-rise NA NA NA NA nr none m, once modification chm,off pmpeny elev.or must revise in flood clev.off in flood clev,off or most get map.Can't impact property or must property or must easement. existing structure. get easemenl. get comment. FEMA FP-No- FEMA FP-Nm- rise to flood cicv or rise in flood elev or must revise map. muss revise map. Cantimpect Can't impact existing structure. existing structure. New Buildings Resid-allowed, Raid-allowed, Not allowed. Allowed.Must Resid-allowed, Resid-glowed. Allowed. Must Non-Resid- none con cause mac must elevate and moat clevxte and show ranee.Must most elevate. most elevate, elevate. Allowed.Must show no-nse show ex-nee elevate or Non-Res-allowed Non-Res-allowed elevate or Non-Res-allowed Non-Res-allowed flo simoof. must elevate or moat elevate or floodpreof mustelevate or must elevate or flondproof. floudproof. Resid for mixed floodproof And floodproof.and use-allowed. shown-nu I shown-nae Muss elevate Additions Resid-allowed, Allowed.Most Raid-net allowed. Allowed.Most Resid-allowed, Allowed.Not Allowed. Must No Resid- non, none noose mac must elevate,show show no-flee. Not Non-need for show no-nee.Must must elevate, required to elevate, elevate. Allowed.Must no-nee required to elevate, comeduse- elevate or Non-Rcs-allowed unless it is a elevae or Non-Res-allowed unless it is a allowed.Mum floodproof most elevate or substantial floodproof must elevate or substantial she,sn-rose.Mum floodproof improvement. Raid for mixed. floodproof.,show improvement. elevate or use-allowed. no-rise flood roof. Mum elevate. Remodels or repair Resid-Allowed. Resid-Allowed. Allowed.Subject Allowed,Subject Resid-Allowed. Resid-Allowed. FEMA FP- FEMAFP- none none nmce tutu .£damaged Subject to Subst. Subject to Subst. to Subst.Impv, to Subs.Impv. Subject to Subst. Subject to Subst. Allowed.Subject Allowed.Subject buildings Impv.requirement Impv.requirement requirement. requirement. Impv.requirement Impv.requirement to Subst.Impv. to Subm.Impv. (including pop Non-Res- Non-Res- Non-Res- N.Res- requirement. requirement. tops) Allowed.Subject Allowed Subject Allowed.Subject Allowed.Subject City FP-Allowed. City FP-Allowed. to Subst.Impv. to Subst.Impv. to Subst.Impv. inSales.Impv. [Improvement is Ifimprovemcntis requirement. requirement, requirement requirement. on a floor that is m a floor that is below flood.1m. We.RFE,than then subj.to Subst. subj.to Subst. Impv.requirement. Impv,requirement. Ifimpm,ement is If improvement is on a building's on a building's floor thin is above floonhat is mmvc food elev.,then flood elm.,own net subject to not suhjecc m subs.Impv. snbst Imp, myniremcm. regmmmc.t. Poptop must Poptop must cemily foundation. rertify Randmim. Redmveloprrtent-A Allowed,but can't Allowed,btu can't Allowed,but can't Allowed,but can't Allowed. Mum Allowed, Mum Allowed. Must Allowed. mrnm none race rsocse .list,imps. Increase footprint, increase footprint. mcmase,footprint. mcrease fooryrint. elevate. elevate or elevate. Non-resid-Mum involving Resid-Must Resid-Must Resid-Mum Most elevate or floodproof. OKto elevate or rebuilding.fmore elevate. elevate, elevate. floodproof. OR to floodproof floodproof OR to than 50%of wall Non-Ra-Men Non-Rcs-Mug Non-maid.in floodproofeximing basement. flameproof Perimeter-both elevate or elevate or mixed-use-Mum basement. basement. voluntary am floodproof floodproof. elevate or Resid.in mixed- involuntary, roof. use-Mum elevate. Mobile homes or Not allowed except Not allowed except Not allowed except Not allowed except Allowed,if certain Allowed,if certain Not allowed except Notallm,edexcepil none none rum, moo modular offices in existing parks. in existing parks. in existing s. in women rks. requirements moo. repeneeraccus met. in mining parks. in existing parks. Z 1N3WH3Vi_L f Basements Resid-not Raid-not Raid-Not Not allowed one Resid-rat Resid-not No,allowed one Non-Resid- now none none now allowed on is new allowed on a new, allowed a a new now building or an allowed on a new allowed on a rew new building, Allowed for new building,addition building or Subst. building.addition addition.OK to building,addition building or Subst. addition or subst. building,addiirtm Non-Rea-allowed Impv. or subst.impe. flosproofexisting or Subst.Impe. Fort, impv. and Subst.Impv.if if Floodpreafed. Non-Res-allowed Nor-Raid in basement ofSubst. Non-Res-allowed Non-Ra-allowed floodpromed. if Floodproofed. Mixed.Use-Nor hope. iffloodproofed. if floodproofed. Raid for Mimd- albwed on a rew Use-rat allowed building or an for new building, addition.OK on addition,or Subst Boodproofexising Imp, basement of Subst. law. Crawl spaces Not allowed. Allowed,if ceitain Alloxad.ifcenaln Allowed,ifeermin Not allowed. Allowed,ifeertain Allnwed.ifccAain Allowed,it amain new none now note lino meek met. Pi wrcments met n unemcnm Pier. requirements met. re uirements met. uirements met. Gmages and sheds Allowed.Most Allowed,Must Allowed.Must Allowed.Most Allowed.Can be Allowed.Can be Allowed.Can be AllowalCan he new none wano now show no-rise.Can show no-rise.Can show no-fine.Can show no-nae.Can built at grade.Must built at grade.Must built a grade.Must built at grade.Must be built at grade. be built at grade. be built a1 gwde, be built at good.. be vented and be vented and be vented and he vented and Most be vowed and Must be vented and Must be vented and Must be vented and constructed of constructed of constructed of constructed of constructed of constructed of constructed of ocratruds of flood resistant flood resistant flood resistant Rood resistant flood resistant flood resistant flood resistant flood raiment materials to materials to materials to materials to matmals to materials to materials to materials to freeboard level. freeboard level. freeboard level. freeboard level. freeboard level. freeboard level. freeboard level. Inoboard level. Substantial 50%ofbuilding's 50%oftuildmg's 50%oPouildmg's 500%ofbuildmg's 50°o ofbuilding's 5011,ofbuilding's 500i:ofbutkling's 50,ofbuilding's now Crone none wane improvement market value market value. market value. market value market value. market value, marks value market value. amount Substantial Cumulative over Each project Each Project Each Eachlimi.. Each Cumulative aver Each project. Each Project. Each Each Protect. Each now none note none improvement time life ofsbueture, pmjem dcfiwd as project defined as l life ofspecture. project defred as l project defined al period year firm date year firm date year from date vear from dare building permit building permit building permit building permit issued. issued issued. n, d. Substantial Resid-elevate Raid-elevate Raid-Elevate Elevate or Resid-elevate Resid-elevate Eevate structure Nun-resid-Elevate ronc none now now improvement structure, structure. structure floodproof structure. strucmrre or floodpmof requirements Non-Ra-elevate Non-Res-elevate Nan-resid for structure. OK to Non-Res-elevate Non-Res-elevate stroetute. OK to or floodproof or floodproof mixed-use- floodproc f existing or floodproof or floodpmof floodproof structure. structure. elevate or baxmem. structure. structure. listener. floodproof OK to Raid for mixs- floodprnof existing use-elevate basement. structure. Fmebeard level 18"above flood At flood level, Redevelopment- Near construction 18"above flood At flood level. New construction New construction For Shen flow less now row; mac (amount to elevate level. 18"above flood ad rcdevclopmew level. and redevelopment and redevelopment that I R M City or floodproon level.Additions -I8"above flood -18"above flood -18"above flood floodplain-18" and Substantial I.I.Additions I.I. level. above flood level. I mpr norms-6' and Substantial .Additions and Additions and 500-your-no above fund level. Improvements-6" Substantial Substantial requtrement. above flood level. Improvements-6' Improvements-6' above flood level. Above Bond Icvcl. Critical facilities Not allowed. Allowed. Not allowed. Not allowed. Not allowed. Allowed. Nor allowed. Not allowed. Not allowed Allowed Allowed. Allowed. Special exception No,must wait for No,must wait for No,most wait for No, at wail for No,must wait for No,mat wait for No,muss wait for No,must .it for No,must wait for none NA NA for properties to be project to be done project to be done project to be dare project to be done project to be done project to be done project to be done projeet to be dory projed to be done removed by future or fallow regs or follow rags or follow Pigs. In or follow regs.In or follow regs or follow regs or follow regs. In or follow regs.In or fallow regs. capital City FP up to City FP upon City FP upon City FP up to improvement dirccor to decide director to decide director in decide direcmno decide mac pr cct is orec project a once project is once Pmject is underconstnation, under construction. underconsmation. under construction. LOMR-Fill NA-Can't do NA-Can't do NA NA No Drecomin City FEMArequirea Still most meet ell Still must mool all Critical facilities none no m norm rcgnirements LOMR-Fill in LOMR-Fill in FP.Still must meet community to flood lain floodway. floodway. all flood lain certify buildings e _P fbsptain not allowed. p becgmmmrnleva reglurements.- Examementwi will be"reasonably Example elevate Example elevate Example:devae safe from to freeboard height to freeboard height, critical freeboard height, flooding" mobile homes or mobile homes or criticalwed.is mull weilities edtiall facilities not allows. not allowed. not allows. Proposed Floodplain Regulations For all floodplains other than the Poudre River uic _ I D D n S m z w Prepared by Fort Collins Utilities, PO Box 580, 700 Wood Street, Fort Collins, CO 80522-0580 (970) 221-6700 city of FoH covens www.fcgov.com/utilities utilities 2 Purpose of Floodplain Regulations"MMIllm"WR Minimize damage to Protect new properties existing properties from damage Protect human life and health Protect the natural areas along the river corridor required to convey flood flows Floodplain Facts • Property in the 100-year floodplain has a one percent chance in any given year of being flooded. • Over a 30-year mortgage, there is a 26 percent chance that a property in the 100-year floodplain will be flooded. For comparison, there is only a five percent chance that the building will catch fire during that same 30-year period. • Some properties have an even higher risk of flooding because they are in areas where smaller,more frequent floods cause damage. Table of Odds for Different Events Event Odds Structure in the 1 00-year floodplain being flooded in any given year 1 in 100 Matching one number plus the Powerball in the Powerball lottery 1 in 124 Structure in the 500-year floodplain being flooded in any given year 1 in 500 Annual chance of being killed in a car accident if you drive 1 in 4,000 10,000 miles a year Being struck by lightening 1 in L600,OOO Winning the Powerball lottery jackpot Llin 120,526,770] (matching 5 numbers plus the Powerball) e. T;�pes of Floodpla...s • In Fort Collins, floodplains are designated by the City as well as by the Federal Emergency Management Agency (FEMA). • The FEMA-designated floodplains cover only the major drainages. • The City-designated floodplains further identify the flood hazard. Some of the flooding in City-designated floodplains is from spills from irrigation ditches or undersized storm sewers resulting in overland flooding. Revised Mapping • Because the City has been remapping all of the floodplains in Fort Collins, except the Poudre River, to reflect the new rainfall standard adopted by City Council in 1999, there now is a new City floodplain in the areas that also have a FEMA floodplain. • At some point, for those floodplains currently designated by FEMA, the revised City mapping will be submitted to FEMA for adoption. City- and FEMA-Designated Floodplains Floodplain Name FEMA-designated City-designated Poudre River X X Spring Creek X X Dry Creek X X Cooper Slough X X Boxelder Creek X X Fossil Creek X Old Town X Canal Importation X McClelland's Creek X Mail Creek X Foothills Channel X West Vine X 3 4 100-year Floodplain Flood Fringe City Floodway Flood Fringe 6'rise ,! Area offloodplain that is allowed to be filled • The floodway is the portion of the floodplain with the greatest depths and velocities. • The floodway is the area of highest risk. • The floodway must be preserved to allow the floodwater to pass through without being obstructed. • Areas along the flood fringe are allowed to be filled and developed,but this raises the 100-year flood level. The City has set an allowable rise of 0.5 feet. A conveyance area designation is similar to a floodway. Lr L E PROSPECT RD a 1 Q D F N 0 4�7 �5'%0F LN A n s "kill Riak ` Poudre River 500-year Product Corridor(Depth x Velocity>-6) Example Flootivby-Mee o1100-year hoodplaln vtith greatasts depths and fastest velocities. City Flood Risk Map 0 May Induce: -Areas of FEM A 100-year hoodplaln(FE MA Zones A,AE,AO,and AH) -Areas of City 100-year Aoodplaln Inducing ponding areas and sheet This hbmodon is based on the Federal rme noyMaragemerk howereas vdth average depths of 1-3 feet. Agency(FIDAA)Flood Inwnnoe Rate%FI )aid the Ckyof There is 1%annual chance that these areas rdll be hooded. Fort Callnshla[aer OalnMeway Plans. Islaard)esnotimply fie the rebnnoed pmpanywlll orwill not be fee from flooding or Moderafe Risk damye. Apropedynot inthe 5pedal Flood F4r1 Are a or in a ❑ty ,Desigrted Floodplain maybe damaged bya hood greater Maylndutle: thanihm predimed onare maporimma lccaldninape problem -Areas of FEM A 500-year lloodplain(FE MA Zone X-shaded). v net slow n onthe map.The map does not meats liabdkyon the -Areas of FEM A or City100- ear hoociplains(sheet hovel/pith pencfthe Cky,oranyatimrorarrploAethereof.branytlamage Y antresultsbimreliameonthislnfeanedon. average depths of less than 1 foot. -' -Areas protected by levees from the 100-year hood. I All floodplain boundaries I�nL61 dr are appro xinlate. 0 Measoutdde of FEMAand Citymapped 100-year and 500-year 0 11D 420 ego F tloodplains.Low[drainage problems may still exist. 6 Floodway and Conveyance Area Modifications', • Floodways and conveyance areas can be modified,but the applicant must be able to show no-rise in the 100-year flood level. • In FEMA floodplains, applicant must submit information to FEMA for approval before construction and after construction if the boundaries of the floodplain or floodway change. If the applicant is unable to show no-rise, there are two options: 1. In FEMA floodplains, the applicant must show the entire rise is on their property or obtain easements from other property owners. No structures can be impacted by a rise in the flood level. 2. In City floodplains, the applicant must show the entire rise on their property or obtain easements from other property owners. Example of a Floodway Modification Original Floodway New Floodway 1 100 ear 100-yearflood level flood level fill E cut Before After Summary of Floodway and Conveyance Area Development Regulations Residential and Mixed-Use Construction Non-Residential Construction • No new residential or mixed-use development allowed. • New non-residential development allowed as long as applicant can show no-rise (floodway modifications, p. 6). Must meet freeboard requirements (p. 9-10). • No fill allowed,unless applicant can show no-rise • No fill allowed,unless applicant can show no-rise (floodway (floodway modifications, p. 6). modification, p. 6). • No residential or mixed-use additions allowed. • Non-residential additions allowed as long as applicant can show no-rise (floodway modification, p. 6). Must meet freeboard requirements (p. 9-10). • Remodels allowed subject to substantial improvement • Remodels allowed subject to substantial improvement requirements (p. 11-13). requirements (p. 11-13). • Manufactured homes allowed only in existing manufactured • Manufactured homes (modular offices) allowed only in home parks. existing manufactured home parks. • Allowed to rebuild an existing structure,but not allowed • Allowed to rebuild an existing structure,but applicant must to increase the building footprint. Must meet freeboard show no-rise if the building footprint is increased. Must meet requirements (p. 9-10). freeboard requirements (p. 9-10). • Attached garages,detached garages, and sheds allowed • Attached garages, detached garages, and sheds allowed as long as applicant can show no-rise (p. 14 and floodway as long as applicant can show no-rise (p. 14 and floodway modifications,p. 6). modifications, p. 6). • No critical facilities allowed (p. 16). • No critical facilities allowed (p. 16). • No basements allowed for new development and additions. • No outside storage of equipment or materials allowed when a new development is proposed. 7 8 Residential Construction Non-Residential and Mixed-Use Construction • New residential development allowed. Must meet freeboard • New non-residential and mixed-use development allowed. requirements (p. 9-10). Must meet freeboard requirements (p. 9-10). • Fill allowed. • Fill allowed. • Residential additions allowed. Must meet freeboard • Non-residential and mixed-use additions allowed. Must meet requirements (p. 9-10). freeboard requirements (p. 9-10). • Remodels allowed subject to substantial improvement • Remodels allowed subject to substantial improvement requirements (p. 11-13). requirements (p. 11-13). • Manufactured homes allowed only in existing manufactured • Manufactured homes (modular offices) allowed only in home parks. existing manufactured home parks. • Allowed to rebuild an existing structure. Must meet • Allowed to rebuild an existing structure. Must meet freeboard requirements (p. 9-10). freeboard requirements (p. 9-10). • Attached garages, detached garages, and sheds • Attached garages, detached garages, and sheds allowed (p. 14). allowed (p. 14). • No critical facilities allowed (p. 16). • No critical facilities allowed (p. 16). • No basements allowed for new development and additions. • Basements allowed for new development and additions if floodproofed. Must meet freeboard requirements (p. 9-10). FrnnhoMa. � � VVN GM .. • Freeboard is a factor of safety that accounts for the allowed rise in flood level due to development in the flood fringe and for larger floods and debris that may cause the flood elevation to be higher. • Freeboard is a measure of how high above the flood level the structure must be built. Residential Construction • Freeboard for new development and rebuilding an existing structure (including any attached or detached garages or sheds) is 18 inches. • Freeboard for additions and substantial improvements (including attached garages) is six inches. • Freeboard for new detached garages or sheds that are accessory to an existing structure is six inches. • Must elevate,not allowed to floodproof. • The lowest floor of the structure, including the basement; and all HVAC, electrical, and utilities must be elevated above the freeboard height. / Fill 1 / Fill -..--m-� ductwork elevated 18" elevated 18' 1 crawl space 100-year 100-year flood level flood level Slab on Grade Option Crawl Space Option New Development Residential Elevation Example 10 Freeboard continued Non-Residential and Mixed-Use Construction /Hx tintj • Freeboard for new development and rebuilding an us existing structure (including any attached or detached ;;6 n garages or sheds) is 18 inches. ❑ • Freeboard for additions and substantial improvements 1 00 year eie ° flood level (including attached garages) is 6 inches. - - �" • Freeboard for new detached garages or sheds that are h accessory to an existing structure is 6 inches. • Allowed to either elevate or floodproof. Residential addition example • In the floodway,basements are not allowed for new development and additions. • If elevating,then the lowest floor of the structure, including the basement; and all HVAC, electrical, and utilities must be elevated above the freeboard height. • If floodproofing, then the structure as well as all HVAC, electrical, and utilities must be floodproofed to the freeboard height. Floodproofing uses various techniques to make a building water tight: Store • Sealants and waterproof membranes; • Closure shields in front of doorways; and 100-year I floodproofed 18" flood level � above flood level • Mini-wall to protect window or stair wells. Basement - ...___,_ Floodproofing generally only works when flood �floodproofing depths are less than three feet. New development non-residential floodproofing example FEMA-Designated Floodway, FEMA-Designated Floodplain Fringe and City-Designated Floodway • Remodels and repairs allowed subject to the substantial improvement requirements (p. 12-13) • Second story additions (pop-tops) are considered a remodel and are subject to the substantial improvement requirements (p. 12-13). City-Designated Floodplain Fringe Remodels and repairs allowed subject to the following: • If the improvement is on a floor of the structure that is below the 100-year flood level, then it is subject to the substantial improvement requirements (p. 12-13). • If the improvement is on a floor of the structure that is above the 100-year flood level, then it is not subject to the substantial improvement requirements. • If doing a second story addition (pop-top), the applicant must have a registered professional engineer certify that the foundation can withstand the depths and velocities of the 100-year flood. The portion of the property below the flood level is required to be floodproofed Second Story (Pop-Top) Addition 100-year flood level floodp roofed to -- - flood level Basement floodproofing ,s Example of second story addition (pop-top) in the City-designated floodplain fringe 11 12 Substantial Improvement ` Substantial improvement occurs when all of the following conditions are met: 1. A building permit is requested for any repair, reconstruction or improvement to a non-conforming structure, involving alteration of any wall,ceiling, floor, or other structural part of the building. 2. The cost of the improvement equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or before the building was damaged. 3. The cost is calculated on a per project basis. A project is based on all building permits issued one year from the first permit that results in item#1 above. The reason for having a substantial improvement policy is so that non-conforming structures are brought into conformance over time and therefore, protected from flood damage and the risk to the occupants is reduced. Residential Construction If a substantial improvement occurs, the lowest floor of a non-conforming structure, including the basement, and all HVAC, electrical and utilities must be elevated six inches above the flood elevation. After improvements, the structure will be protected from flood damage. 100-year 100-year ❑ ❑ flood level ❑ flood level levated6' Basement Basement filled-in i i Before improvement After improvement Non-Residential and Mixed-Use Construction If a substantial improvement occurs, the lowest floor of a non- conforming structure, including the basement and all HVAC, electrical and utilities must be elevated or floodproofed six inches above the flood elevation.After improvements, the structure will be protected from flood damage. 100-year / ,..� 100-year r4Basement floodproofed flood level- - -__a.G J� flood level a above Hood level Basement l 4 1 t { � 3 13 14 • Used only for parking or storage • Is an accessory to a main structure x Must be anchored to resist flotation Primary • Can either elevate to freeboard level (p. 9-10) or be Structure Garage built at grade 100-year 78„I or Shed flood level vents • If not elevated to freeboard level, the garage or shed �r must meet the following requirements: • Must have one square inch of venting for every square foot of enclosed area Detached example Must have at least two vents located on different sides of the structure. • At least one vent should be on the upstream side of the structure. Primary Bottom of vents cannot be higher than one foot Structure' g above grade. 100 year F-1 ❑ Garage Flood resistant materials must be used below the flood level El El T or Shed Flood resistant freeboard level (p. 9-10). materials All HVAC, electrical, and utilities must be elevated to fill vents the freeboard level (p. 9-10). Venting Calculation Example Attached example 600 square foot shed 600 square inches of venting required Vent size: 12" x 10" = 120 square inches per vent 600 divided by 120 = 5 vents Compensatory Storage • Developments in floodplain ponding areas are required to compensate for the storage volume taken up by the development. • These ponding areas are primarily behind railroad and road embankments. Embankment 100-year flood level fill r Fill equals Excavation Culvert -Ao- Excavation No critical facilities allowed in the floodplain fringe or floodway. Police or Fire Station NURSING HOME SCHOOL GAS STATION HAZARDOUS MATERIALS STORAGE Examples of critical facilities . . . Letter ^vf Map Revision Based on Fill • A Letter of Map Revision Based on Fill (LOMR-Fill) is a process though FEMA whereby a property in the flood fringe can be filled and is no longer considered in the floodplain for insurance requirements. • A community must sign-off on the application to FEMA and certify that all existing and future structures will be "reasonably safe from flooding." • To meet this "reasonably safe from flooding" standard, all floodplain requirements (p. 8) must be met even if fill is placed and the property is "removed" from the floodplain by FEMA. 100-year Floodplain Floodway 100 year flood level Fill elevated 18" i Fringe jFloodplain e i Plan View: Example of fill placed in the flood fringe - - - - - Floodplain Fringe - - - - - - - - - Floodway - - - - _- - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - 17 18 Erosion Buffer Limits • Erosion hazard areas occur where the channel bed and banks are unstable and therefore the stream will move over time. • Migration is a natural characteristic of a stream. Some streams are more prone to migration than others depending on the type of material that makes up the bed and banks. • Urbanization can have a pronounced impact on these natural processes resulting in accelerated erosion. • Erosion buffer limits have been delineated for those streams that are subject to severe erosion hazards. • If development is kept back from these unstable areas, there will be less need in the future to defend the development from the stream which may then result in solving one problem but creating another. 0 f. �. o m r r \ \\ Unstable stream or creek ` A con in ue Requirements within erosion buffer limits • No structures allowed. • No irrigated grasses or shrubs allowed. • No detention ponds or water quality ponds allowed. • No parking lots allowed . • No temporary or permanent storage of materials allowed. • The area within the buffer shall not be used for construction traffic for any development. • All utilities shall be kept out except for necessary stream crossings. • Bike paths shall be kept out except for necessary stream crossings. • Road bridges shall span the entire buffer limit. If there is no possibility of spanning the entire limit, the location crossing and design of abutments must be done so as to limit disturbance of the channel banks. • No grading or excavation shall be allowed in the buffer unless associated with a bridge or utility crossing as noted above. 19 I Proposed Floodplain Regulations Comment Form Floodplain regulations are intended to regulate development in areas with a high risk of flooding. These regulations help provide a reasonable level of protection for personal safety and minimize flood damage to structures. The proposed floodplain regulations attempt to balance the level of risk with the level of regulation—and to balance individual responsibility with government authority. Please complete the following information. (This information helps us track and compile comments for review by City Council.) Name Address Phone (optional) E-mail (optional) Would you like someone to contact you to answer questions about the proposed regulations? Yes—No Do you live or own property in the floodplain within City limits? Yes No Don't Know If yes, address of property If yes, is the property? Residential Non-residential Vacant Ground If yes, name of basin You are encouraged to review the Floodplain Regulation Quick Guide before answering these questions.Your answers will help us to understand your ideas and opinions concerning the general philosophies used to develop floodplain regulations. 1. By identifying the portion of the floodplain with the greatest depths and fastest moving water (floodway), regulations can be tailored to the level of risk. This approach provides the option to allow new development and additions to existing structures along the less hazardous edge of the floodplain (flood fringe), but not in the most hazardous portion (floodway). Which of the following statements do you most agree with? A. Regulations for the edge of the floodplain (flood fringe) should be less restrictive than regulations for the more hazardous center of the floodplain (floodway). B. Regulations for the edge of the floodplain (flood fringe) should be the same as regulations for the more hazardous center of the floodplain (floodway). 2. A significant number of structures currently exist in the City's floodplains. Which of the following statements do you most agree with? A. Regulations for existing structures should generally be less restrictive than regulations for new development. B. Regulations for existing structures should be the same as the regulations for new development. 3. When the property owner of an existing structure in a floodplain remodels or repairs the building, regulations may require protection from flood damage. Which of the following statements do you most agree with? A. There should be no regulations concerning remodeling or repairing existing structures in floodplains. B. There should be regulations concerning remodeling or repairing existing structures in floodplains if the dollar amount of the improvement is significant (50% of the value of the structure or greater). 4. From a health and human safety perspective, residential buildings represent a higher risk than commercial buildings. Which of the following statements do you most agree with? A. Regulations for residential buildings should be the same as regulations for non-residential buildings. B. Regulations for residential buildings should be more restrictive than regulations for non-residential buildings. General Comments Please provide us with any additional comments you have on the proposed floodplain regulations. If commenting on a specific proposed regulation, please list the page number in the Quick Guide where the regulation is found. Thank you for your comments. Return to: Fort Collins Utilities 700 Wood Street P.O. Box 580 A^�6'121.00 Collins, CO 80522-0580 F City of Fort Collins FAX: (970) 221-6619 Utilities Utilities ATTACHMENT 4 ( 'A light& power stormwater • wastewater • water 0�_6;01diwl City of Fort Collins MEMORANDUM DATE: February 15, 2005 TO: Mayor and City Council Members THRU: Darin Atteberry, City Manager Michael B. Smith, Fort Collins Utilities General Manager/00l FROM: Jim Hibbard, Water Engineering and Field Services M L iI ;Manager Bob Smith, Water Planning and Development Manage RE: February 8, 2005 Study Session Follow-up Critical Facilities in Moderate Risk Floodplains At the February 8, 2005 study session, utilities staff provided information on the proposed revisions to the citywide floodplain regulations (except for the Poudre River). Staff proposed no change in the critical facilities regulations for the floodway or flood fringe. Additional information was requested regarding the proposed change to allow critical facilities in the moderate risk floodplain. The moderate risk floodplain is defined as a sheet flow area with depths of less than 1-foot where there is not a defined channel (sheet flow). Any areas with flood depths greater than 1-foot or where there is a defined channel are included in the 100-year floodplain. What Is a Critical Facility? FEMA does not have any critical facility regulations and therefore does not define what constitutes a critical facility. Current City Code defines the following uses as critical facilities: • Facilities that store, produce or use hazardous, flammable, explosive, toxic or water reactive materials, liquids, gases or solids. Examples would be gas stations, above ground or below ground bulk storage tanks, storage warehouses and refineries, • Police stations, fire stations, vehicle and equipment storage, emergency operation centers, • Hospitals, nursing homes, group homes, residential care facilities, congregate care facilities • Schools, child care and day care facilities, • Public and private utility facilities. Examples would be water or wastewater plants, and communication centers, • Cemeteries. How Many Existing Critical Facilities Are In Floodplains? (Excluding the Poudre River) Critical facilities in 100-year floodplains— 13 facilities • Schools —3 • Gas Stations —4 700 Wood St. • CO. Box 580 • Fort Collins,CO 80522-0580 • (970)221-6700 - FAX(970)221-6619 • FAX(970)221- 5593 • TDD(970)224-6003 e-mail: utilities@@ fort-collins.coms • www.ci.fort-collinsco.us/UTfLITIES • Utility Facility—2 • Emergency Response— 1 • Child Care—2 • Hospital/Emergency Care- 1 Critical facilities in moderate risk floodplains—8 facilities • Schools—3 • Gas Stations—2 • Utility Facility- 1 • Emergency Response Facility— 1 (City Hall ) • Hazardous Material Storage— l Staffs Assessment of Risk The following was considered by staff in making the recommendation to not regulate critical facilities in the moderate risk areas. • The depth of water in the moderate risk areas varies from 1-foot to zero. The finished floors of most buildings are built above the immediately adjacent ground and are above the water level. • Although buildings in moderate risk areas could sustain water damage, the water depth and velocity are not likely to cause structural damage or floating debris. • The storage and containment of hazardous materials are already regulated by the Uniform Fire Code. The risk of spilling hazardous material is very low at these water depths and velocities. • These areas can generally be traversed by vehicles and pedestrians even though flooding might be occurring. The risk of loss of life is small. • Of all of the floodplains, the moderate risk floodplain has the lowest risk. Staff would like to focus attention and efforts on the higher risk areas. • The combined risk of having a 100-year event along with the reduced risk to life and property, even during a 100-year event, results in a very small overall level of risk in the moderate risk areas. Assessment of Risk Specific to Gas Stations • Vents on underground storage tanks are required to terminate 12 feet above grade in order to allow fuel vapors the opportunity to dissipate without event. • The filler tubes for tanks have lids with O-rings that prevent exterior fluids, i.e., water from entering the tank. • The tanks have float valves to prevent over filling and would also prevent the escape of fuel should water somehow get into the tank. • The risk of spilling fuel or other hazardous material is very small in the moderate risk areas even during a 100-year flood. 2 Water Board Excerpt ATTACHMENT 5 September 25, 2003 Page 1 Floodplain Regulations & Stormwater Master Plans—.Tim Hibbard and Bob Smith Bob Smith, Water Planning Manager, presented the Stormwater Master Plan to the Board. Board member Tom Brown asked about the large disparity between the estimated damage reductions of the 100 year protection plan and the 50 year protection plan. Bob responded that some areas may not be damaged at all in a 50 year flood but would be damaged a great deal in a 100 year flood. Jim Hibbard explained that it also has to do with the economies of scale while many of the same projects would be implemented, they would be on a smaller scale. Board member John Bartholow asked if these projects would create more opportunity for growth. Jim responded that the regulations are more restrictive in residential areas, but it may increase the value of undeveloped land and improve the opportunity for commercial use. Board member David Lauer asked if the plan prioritized the critical projects. Jim replied that a project prioritization system was used to rank the projects based on the number of structures that would be taken out of the floodplain, their cost-benefit ratios, and their impact on critical street over toppings. Prioritizing projects are those that offer the greatest benefit for the lowest cost. He added that the prioritization process served as the basis for the capital improvements budgets for the next five years. All of the projects were prioritized on an individual basis and not on a basin basis. Board member Lauer asked about the relative importance of using population density in the criteria for prioritizing projects. Jim responded it is indirectly accounted for in the cost-benefit ratio which includes reduced damages and the numerical count of structures. David stated that his concern was that the priorities were focused on the number of buildings rather than number of people who might be affected in a flood. Jim responded that loss of human life is not used as a factor because it is difficult to put a value on. Structures are more representative of population and can be given an estimated value. Chairman Sanders stated that he thought the Board generally agreed with staff's approach to the Master Planning Philosophy, but he was concerned that more should be done to decrease the possibility of the storm water system becoming a breeding ground for mosquitoes. Kevin McBride, Senior Stormwater Engineer, responded that applying larvicide is a solution but at the present time there are very few contractors who provide that service. Chairman Sanders asked how the Board felt about providing a lower level of protection than the 100 year design storm. Board member Yadon responded that he approved continuing the 100 year design protection because it is more cost effective. Board member Bartholow stated that he felt the staff had done an excellent job over a long period of time and has produced a very rational plan that will benefit the City. Jim Hibbard thanked staff for doing an excellent job. Water Board Excerpt September 25, 2003 Page 2 Floodplain Regulations—Bob Smith Bob Smith, Water Planning Manager, presented the Board with a table of regulations and how they will be affected by the proposed changes. Many of the changes result in less restrictive regulations which should reduce the number of requests for variances. Marsha Mimes-Robinson, Floodplain Administrator, stated that the proposed regulations are for all basins except for the Poudre River. They still have the higher freeboard and dry land access requirements. The Board asked how the reduction in requirements will affect citizen's flood insurance. Marsha replied that the way that it is proposed now, we could lose our class 4 rating resulting in a 5% reduction in the discount given to customers who purchase flood insurance. Currently the discount given to customers is 30% so it could be reduced to a 25% discount after the new regulations are in effect. There are approximately 300 property owners in the City that have flood insurance. Board member Lauer stated that he was really impressed with the amount of work and commitment that staff has put into this project. He moved that the Board recommend to City Council that the regulations be adopted. Board member John Moms seconded the motion. The motion was unanimously adopted. ATTACHMENT Planning . Zoning Board Minutes 2004April 15, :00 Council Liaison: Karen Weitkunat Staff Liaison: Cameron Gloss Chairperson: Mikal Torgerson Phone: (W) 416-7435 Vice Chair: Judy Meyer Phone: (W) 490-2172 Chairperson Torgerson called the meeting to order at 6:05 p.m. Roll Call: Carpenter, Schmidt, Craig, Meyer, Gavaldon, Lingle and Torgerson. Staff Present: Gloss, Eckman, Shepard, Olt, Barkeen, Stringer, Smith and Deines. Director of Current Planning Cameron Gloss reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the December 19, 2002, February 19, (Continued) and March 18, 2004 Planning and Zoning Board Hearings. 2. #13-82CROakridge Business Park, 36`h Filing, Holiday Inn Express — Project Development Plan. 3. #4-04 Resource Recovery Farm Rezoning. Discussion Agenda: 4. #43-02 Trailhead —Annexation and Zoning. 5. #7-04 Atrium Suites, 502 W. Laurel Street— Modification of Standards. 6. Recommendation to City Council — Floodplain Regulations. Member Lingl ulled Item 2, OakridZBusinessiscussion. Member Gavaldo oved for appgenda for Item 1, less the February 19, 2004 mi tes and IteMember Craig seconded t moti The motion was approved 7-0. Project: Oakridge siness Park 36th Filing, Holiday Inn Express, Pr \he nt Plan, #13-82CR Project Descripti Request for aunit hotel on 2.167 acres. The total squ building will be 51,808. The ted at the southeast Planning and Zoning Board Minutes April 15, 2004 Page 17 the floo m you do actually have more c rt for people and still achieve the same result of hav i ht and air. The motion was approve - wit i , Lingle and Torgerson voting in the negative. Project: Recommendation to City Council for Citywide Floodplain Regulations (except for the Poudre River) Project Description: Provide a formal recommendation to City Council and with that recommendation comments the Board feels is appropriate. Hearing Testimony, Written Comments and Other Evidence: Bob Smith, Stormwater Director gave the staff presentation. He stated that they were talking about all the floodplains within the city except the Poudre River. Staff has been working on this for two years and has talked to the Board a number of times in study session. They are going to City Council on June 15`h and they are looking for a recommendation from the Planning and Zoning Board in addition to any comments. He stated that the floodplain is broken up into components. There is the center, which is the floodway and that is the area with the higher velocity and depths. There is the fringe area on the side, where the depths are lower and the flows are slower and that is development is allowed. There is a floodway that is a 6" rise; basically you encroach from side, the water moves to the center and that is where you get your floodway. Something new that will be part of the code which will be the buffers. Streams will naturally meander and what they have done through the Master Plan, which the Board recommended approval of last month, identifies the erosion buffer limits to keep encroachments high enough so when that stream does move, we don't have to worry about reinforcing that bank. That is in place and the buffer limits are always from the top of the bank back, it is not from the center of the streams. It varies across depending on what stream you are talking about. Chairperson Torgerson asked if that would apply to canals as well. Mr. Smith replied no not canals, just natural streams. One other component of the recommendations if that we have FEMA designated floodplains and city floodplains. Staff is recommending that we stay at or better than the Planning and Zoning Board Minutes April 15, 2004 Page 18 FEMA floodplains with the FEMA regulations. There are a couple of recommendations to be less than in the city floodplains. Mr. Smith reviewed a map that showed the areas and their designations. He explained what the designations mean and what sort if any development would be allowed. There was no public input. Member Craig wanted to discuss the regulations that are below the FEMA minimum. Usually FEMA is very lenient and Fort Collins tends to be more conservative. She asked because there are only three why does FEMA have it the way they do and why the city is considering going below their standards. Mr. Smith replied that the first one is being responsive to the customers, the timing of where a capital project is, which is basically the Utilities Service Director could waive the regulations for a structure if the project is under construction. That is a judgment where you look at the project and the map may not have been changed yet, but staff knows that the property is going to be removed so the Director can waive the regulations. FEMA basically says that you can't waive anything until the maps are officially revised and that takes quite a long time to get the letter from Washington. That basically allows some flexibility in the city floodplains to do that. Mr. Smith added that they can't change anything for the FEMA floodplains, the city has to follow their regulations, this is just for the city floodplains like Canal or Old Town or West Vine or Fossil Creek. Member Craig was trying to understand why FEMA has left it that way. Jim Hibbard, Stormwater Utility responded that the FEMA regulations are really nationwide regulations and they have to be able to cover properties along the Mississippi River as well as anywhere where there is a floodplain. What we are dealing with in Fort Collins is a lot of these floodplains are urban floodplains, not that there aren't FEMA floodplains that aren't urban, but we have gone below them in these three cases primarily to balance risk with regulation. They don't think that the risk is there that justifies that strict of a FEMA regulation for the type of things that we see in Fort Collins. What we are trying to do is take a more common sense approach that adapts them to us than going by nationwide minimums. If a project is under construction or even completed and all we are doing is waiting for paperwork to clear FEMA, so some of the things we are talking about is more common sense based approach because the structure is in place or will very shortly be in place. Planning and Zoning Board Minutes April 15, 2004 Page 19 Member Craig asked about FEMA insurance and if FEMA has not taken that property out of the floodplain, then the owner still has to pay flood insurance on it. Mr. Smith replied that yes, FEMA goes with what the map shows and if the map has not been changed, then they are required to meet the requirements of the flood insurance program. Member Lingle stated that the majority of the Council was in favor of moving from a class 4 to a class 5, would that jeopardize the city's ability in the future to get grant money by lessoning the restrictions and dropping the rating. Mr. Smith replied that CRS is a relatively new program and it is becoming established nationwide and FEMA is starting to review applications for grants and one of the parameters that they are starting to use is CRS rating where they want to reward the "higher class" communities. Is there a difference between a class 4 and a class 5, he could not say. Is that a deal breaker or not, he could not tell the Board, but we did learn with the last go round is that the higher the class, the more favorable the application is looked at. As far as a benefit cost ratio, they have not done that. He was not sure how many applications the city will pursue. Mr. Hibbard added that as a class 4, there is only one community in the entire nation that is higher that the city. As a class 5, there is a dozen, so it is not like we are going to be dropping from the top of the heap to the bottom of the heap. We will still be in with the leaders on a nationwide basis. We are also participating in some new grant programs and are actively pursuing grants. Some of them come with so many strings, we are not sure we want them and that is a hard fact of dealing with the Federal Government anymore. Member Craig moved to recommend the Citywide Floodplain Regulations as staff has presented them tonight. Member Schmidt seconded the motion. Member Craig strongly commended staff for how they put this together. This is a very complicated issue when you get into the regulations and they have worked with the Board since summer. The table with the different colors and the way the staff report was put together was wonderful and she thanked staff. She wanted to pass onto Council the time and effort that was put into these regulations. Planning and Zoning Board Minutes April 15, 2004 Page 20 Member Carpenter agreed and when this first came to them she was concerned that we were adding more regulations and she was really pleased to see what we were doing is making some common sense changes and in some places a little more regulation where it was needed. Member Schmidt seconded those comments and felt the presentation was easy to understand and especially the way the changes that were made were highlighted. The motion was approved 5-2 with Members Meyer and Gavaldon voting in the negative. There s no other business. Director Glo let the Board know that the ne orksession would be a lengthy one because of the gth of the agenda and al some special projects that the Board had asked to be cover Two are items are ated to the Land Use Code Amendments, one specifically for th tural Habita uffer Standards. Also the Southwest Enclave Annexation is being Conte lated d has a lot of background information. Given that he would like to dedicate 4 h the worksession. Member Gavaldon express his co ns regarding one worksession and one meeting a month. The meeting was a ourned at 8:40 p.m. Minutes approved by the Planning and Zoning Board 5/20/04 ATTACHMENT CITY OF FORT COLLINS AFFORDABLE HOUSING BOARD MEETING MINUTES 281 N. College Ave. Fort Collins, Colorado August 7, 2003 4 - 6p.m. Kay Rios, Chair Isabel Garity, Vice Chair Ken Waldo, Staff Liaison, 970-221-6753 Marty Tharp, City Council Liaison, 970-484-5711 Board Members Present: Kay Rios, Jon Fairchild, Isabel Garity, Joe Herbert, Jane Phelan, Denise Rogers, Jeff Taylor and Peter Tippett Advance Planning Staff Present: Maurice Head Council Members Present: Marty Tharp Also Present: Mary Warring, Margie Joy, North Front Range Metropolitan Planning Organization; Bob Smith, City of Fort Collins Utilities Department Kay Rios called the meeting to order with a quorum present at 4:05 p.m. There was no public discussion. New Business Mi Jeff Tay moved to accept the July 10, 2003, min s as presented. Peter Tippett sec ed, motion carried unanimously, 7 North Front Rana PO Public Involvemen an Mary Warring and Ma 'e Joy distribute aterials and presented a draft plan to solicit public input on d build aw ness of NFRMPO programs and plans. Projects that will be ere these adopted, formal standards range from the five-year Transit Imp ment Plan to the 20-year Long Range Transportation Plan. Outreac a ds will be tailored to each project. The NFRMPO representatives a d for su estions from the Board on identifying or reaching underserved pulations, es ially those in need of affordable housing and/or public nsportation who ha had difficulty attending open public meetings in past. Marty Tharp s ested using the City Newsletter incl d with City utility bills. Jon Fai iId suggested using the same method us to generate attendan t public meetings on the City Plan Update, whi included officiall ecognizing and recording attendees' opinions and in . Isabel Garity noted that going to the targeted groups will be a huge un king. • Fort Collins Affordable Housing Board « Aug. 7, 2003 Minutes Page 2 of 5 00 Comment period is day ich ends in mid-September; the plan will be reevaluated every six Any suggestions or comments on the materials distributed should -maile o either mjoy@nfrmpo.org or mwarring@nfrm org. Floodplain Regulations and Stormwater Drainage Master Planning Bob Smith returned to answer questions and take suggestions from the Board on materials distributed at the July meeting and the follow-up information on specific drainage basins requested by the Board. Jeff Taylor asked about how problem areas are prioritized in conjunction with development. Mr. Smith said since projects must be completed in a cost- efficient manner, they are ranked by 1. the benefit/cost ratio; 2. the number of structures a project will remove from a floodplain; 3. the number of road crossings affected and 4. what he called a "wild card": If there is the possibility to piggyback onto another department's project, such as the Traffic Department's improvement of the intersection of Drake and Taft Hill Roads, a Stormwater project can move to the top of the list. The consensus of the Board was that the current approach to Floodplain Regulations and the Stormwater Master Plan was reasonable and members were in agreement with proposed changes. Kay Rios thanked Mr. Smith for all the hard work his department has put into updating the regulations and the master plan and the additional information for the Board. Mr. Smith will return to the Board once City Council has provided additional direction on the proposed regulations. 1-25 C&ubarea Plan Kay Rio resented the updated letter from thp4oard to City Council opposing t roposed UE zoning while sup rting the importance of having a plan in place this area. In response to sugg "ons from th oard, the following changes were made: In the second paragraph, th rd sentence now reads: However, the plan as proposed would not be ppo d by this board. In the third paragraph over 500 acre ' was changed to "more than 1250 acres already design ed as UE". Ms. Rios will f and the corrected letter aurice to be included in the next City ouncil packet; copies of the fi letter will be sent to all member of the AHB. ORDINANCE NO. 037, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING ARTICLE II OF CHAPTER 10 OF THE CITY CODE REGARDING FLOOD HAZARD AREAS WHEREAS,in July of 1997,Fort Collins experienced a greater than five-hundred year flood in several of its stormwater basins; and WHEREAS, as a result of the flood, concerns were raised about the adequacy of the City's existing floodplain regulations; and WHEREAS, on March 16, 1999, the City Council adopted Ordinance No. 42, 1999,which approved certain new storm drainage design criteria(the"New Rainfall Standards")that revised the City's standards for determining the amount of rainfall that would result in a one-hundred-year or "base" flood; and WHEREAS,the adoption of the New Rainfall Standards resulted in the expansion of certain previously established floodplains; and WHEREAS, on June 6,2000,the City Council adopted Resolution No. 82,2000,providing direction that each basin has unique characteristics and that the floodplain regulations for the basins should reflect those unique characteristics; and WHEREAS, on June 20, 2000, the City Council adopted Ordinance No. 71, 2000, making amendments to Chapter 10 of the City Code pertaining to floodplain regulations for the Poudre River floodplain; and WHEREAS, on September 4, 2001, the City Council adopted Ordinance No. 121, 2001, directing the Utilities General Manager to conduct a comprehensive review of the floodplain regulations and their application to existing and expanded floodplains, as well as a review of the physical characteristics of those floodplains, and to conduct public outreach to parties that would be affected by the application of the regulations, in order to determine the appropriate regulations to be applied over the long term; and WHEREAS, on September 4, 2001, the City Council adopted Ordinance No. 121, 2001, excluding those properties in the newly mapped floodplain areas from the floodplain regulations, other than critical facilities and new development-related restrictions and requirements; and WHEREAS, on September 3, 2002, the City Council adopted Ordinance No. 119, 2002, making amendments to Chapter 10 of the City Code pertaining to floatable materials restrictions for the Poudre River floodplain; and 1 WHEREAS, on June 1,2004, the City Council adopted Ordinance 57, 2004, approving the Stormwater Master Plan and included in that master plan were delineated floodplain boundaries for the various stormwater basins in the city; and WHEREAS,the City conducted significant outreach activities with the public and affected property owners concerning any new floodplain regulations; and WHEREAS,the proposed revisions to the floodplain regulations have been reviewed by the City's Water Board, Parks and Recreation Board, Affordable Housing Board, Landmark Preservation Commission,Natural Resources Advisory Board and Planning and Zoning Board,and comments received from these boards have been considered in the final preparation of the proposed revisions; and WHEREAS, as a result of the various input from the boards and commissions, as well as from the public and affected property owners during the outreach, City staff has proposed new floodplain regulations for the basins in the city,which regulations are contained in this Ordinance; and WHEREAS,the City's Water Board and Planning and Zoning Board took formal action to recommend that the City Council adopt the proposed floodplain revisions; and WHEREAS, staff presented the proposed changes to the floodplain regulations to the City Council for Council review at Study Sessions on January 13,2004 and February 8,2005 and at those times received direction to present the same to the Council for approval; and WHEREAS, to make the City Code more user-friendly and easier to understand, the floodplain article of Chapter 10 of the City Code has been rewritten and language was added to clarify the specific types of development activities in the floodplains and the applicable floodplain restrictions and requirements that apply to them; and WHEREAS, contained in this Ordinance are also format changes to existing portions of Article I of Chapter 26 that apply only to the Poudre River floodplain,which changes are necessary to make the Code language consistent in form with the new provisions and easier to understand;and WHEREAS,some of the additional changes are also necessary in order to conform to current Federal Emergency Management Agency (TEMA") terminology and policy interpretation under its National Flood Insurance Program; and WHEREAS, for the foregoing reasons, the City Council wishes to amend the City Code in order to reflect the approval of the proposed floodplain regulation changes; and WHEREAS,the Council has determined that it is in the best interest of the health,safety and welfare of the citizens of the city that Article II of Chapter 10 of the Code of the City should be repealed and reenacted as set forth herein. 2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Article II of Chapter 10 of the Code of the City of Fort Collins is hereby repealed, and reenacted as follows: ARTICLE II. FLOOD HAZARD AREAS DIVISION 1. GENERALLY Sec. 10-16. Definitions. 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 z one 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. AI—A30 and AE zone(or zones AI-A30 and AL)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. AHzone(or z one 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 z one A0)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. 3 Base flood or one-hundred-year flood shall mean the flood having a one (1) 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(1)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 4 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. Dryland access shall mean motor vehicle access to structures on and within a parcel of property located in whole or in part in a one-hundred-year floodplain, which access is elevated above the base flood elevation so as to ensure the safe passage of motor vehicles on the property during times of a base flood affecting the property. 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 5 building development shall not be deemed to constitute expansion ofmanufactured 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,A1--30 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, Al--30. 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 nonfood 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(2/10)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(2/10)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. 6 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. 7 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 (5110) foot; provided, however, with respect to the Poudre River Floodplain as designated in§ 10-19,f oodway shall mean the channel of the Poudre River and adjacent land areas to the River that must be reserved in order to discharge the base flood without cumulatively in-creasing the water surface elevation of the base flood by more than one-tenth (1/10) foot. Floodway modification shall mean any alteration to a channel thalweg, bed or banks of a floodway or product corridor that would change the delineation of the floodway or product corridor. 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. 8 Letter ofmap 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 adjacentgrade 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 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 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 permanent foundation when connected to the required utilities. It shall not include recreational vehicles, travel trailers or temporary construction trailers. 9 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 0.0 feet as rounded to the nearest one-tenth (1/10) 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 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(1)percent or greater chance of flooding in a given year, whether designated as such by FEMA or by the city pursuant to § 10-19. 10 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. Product corridor shall mean the channel of a watercourse or other area of potential flooding, the boundaries of which are defined by the depth of water, as measured in feet, multiplied by the velocity of the water, as measured in feet per second, for a five-hundred-year flood such that the product is greater than or equal to six (6). 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: (a) partially or completely destroyed by any cause (i.e., fire, wind, flood), or (b) 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. 11 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. Notwithstanding the foregoing, in the Poudre River floodplain redevelop or redevelopment shall mean to demolish a structure, or portion of the structure,to the foundation or to the ground surface, and rebuild the structure, or any portion of the structure, without increasing the footprint of the structure. 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 ofpersons,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. 12 Shallowflooding 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 ofconstruction 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 non-structural 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 non-structural 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 13 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 (12)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. Xzone shaded area(or shaded zone x)shall mean as shown on the FEMA Flood Insurance Rate Map as one 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 14 (3) an area protected by one(1)or more levees from inundation by the one-hundred- year flood. Sec. 10-17. Purpose. (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 second 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; 15 (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. Sec. 10-18. Interpretation. In the interpretation and application of this Article, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally constructed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 10-19. Flood hazard area designation. (a) The Flood Insurance Study dated January 1979, 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 and Flood Boundary-Floodway 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, product corridors 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 16 fringe, floodway, product corridor, 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 § 10-26(9), document the associated change in the delineation,which modified delineation shall be 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 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 17 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. 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. 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. Sec. 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; 18 (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 the 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. 19 See. 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, product corridor 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. 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, product corridors and erosion buffer zones, or other applicable delineated areas 20 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, product corridor 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. (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 21 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 streambanks 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 22 (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 applicant 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. 0) 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.). 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 23 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; 24 (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 ofrise 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. See. 10-29. Conditions for variances. (a) Generally, variances may be issued for construction and improvements to be erected on a lot one-half(1/2)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 subparagraph (h)(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 subparagraph (h)(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 not be issued for development within the product corridor of the Poudre River Floodplain, as such product corridor is designated pursuant to § 10-19. 25 (g) Variances shall only be issued upon the determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (h) 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. (i) 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. 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 ofthis 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. Sees. 10-31 - 10.35. Reserved. DIVISION 3. GENERAL STANDARDS FOR FLOOD HAZARD ANALYSIS AND REDUCTION See. 10-36. General provisions for flood hazard reduction. (a) In all flood hazard areas,the following requirements must be met by any development: 26 (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 §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. 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: (1) the base flood elevation documented for that location on the FIRM and Flood Insurance Study; and(2) the base flood elevation documented for that location on the maps and supporting technical analysis on which the city's floodplain 27 delineation for the location has been adopted by the city pursuant to§ 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: (1) the FIRM and Flood Insurance Study; or (2) the maps and supporting technical analysis on which the city's floodplain delineation for the location has been adopted by the city pursuant to§ 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 ofregulatory 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 28 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 oflowestfloor elevation. The lowest floor elevation ofthe structure shall be determined based on the type of foundation. If more than one 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 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. 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§ 10-37(b)shall meet the following requirements,which shall be referred to as"floodproofing requirements": 29 (a) In order for a structure to be eligible to comply with this Article through these floodproofing requirements: (1) the structure must be a nonresidential structure, a nonresidential use portion of a mixed use structure, an accessory structure, or an attached garage; and (2) the flood depth surrounding the structure must not exceed three(3)feet. (b) The structure must be designed and constructed to be floodproofed so that: (1) below the regulatory flood protection elevation the structure is watertight with walls substantially impermeable to the passage of water; (2) all structural components are capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy from flooding; (3) the structure complies with the FEMA flood-resistant materials and floodproofing requirements in effect as of the date of the floodplain use permit; and (4) adequate drainage paths to guide floodwaters around and away from the structure are provided consistent with the requirements of§ 26-544. (c) 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: (1) a floodproofing certificate, signed and certified by a registered professional engineer or architect accurately documenting the proposed floodproofing elevation; (2) detailed plans for floodproofing measures that include: a base flood elevation and elevation of floodproofing; b. the benchmark used; c. design details and locations of the specific floodproofing measures; d. 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 e. the signature and certification of a registered professional engineer or architect; 30 (3) manufacturer's specification sheets if using manufactured measures,such as, for example, sealants; (4) manufacturer's catalog cuts if ordering measures, such as, for example, gates or shields, from a catalog; (5) 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; (6) an emergency action plan that includes: a. a description of where the floodproofing measures will be stored; b. a description of who will be responsible for ensuring the measures are in place,and who will monitor any closure shields,if the structure is an occupied structure; and c. an annual schedule of when the floodproofing measures will be in use; (7) 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; (8) A plan of the structure showing the location ofthe required floodproofing notices; and (9) A plan for maintenance and inspection of the floodproofing measures. (d) 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. 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 § 10-37(b) shall meet the following requirements: (1) The structure must provide one square inch of venting for every square foot of enclosed area; 31 (2) The structure must provide at least two (2) vents located on different sides of the structure,with one 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. 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; 32 (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 crawlspace 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. See.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: 33 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. Sec. 10-42. Specific standards for recreational vehicles. (a) Any recreational vehicle located on property in residential use in the Poudre River floodway, product corridor or flood fringe shall be 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. 34 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 Al-30 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. Sec. 10-44. Development in one-hundred-year floodplains 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. Sec. 10-45. Floodway and product corridor evaluations. Where otherwise permitted, any development, obstruction or activity that will result in an encroachment in or modification to the floodway or product corridor 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: (1) Required demonstrations. a. Floodway encroachments and/or modifications. At least one (1) of the following requirements must be met for any floodway encroachment or modification: i. 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 35 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 ii. 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. 36 b. Product corridor encroachments and/or modifications. Any development or activity results in an encroachment in or modification to the Poudre River product corridor shall be shown by appropriate floodplain modeling to result in no increase in the product corridor, and: i. A certification signed by a registered professional engineer accurately documenting that no increase in the Poudre River product corridor 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 ii. A certification signed by a registered professional engineer accurately documenting the Poudre River product corridor and as-built base flood elevations after completion of the development, obstruction or activity as resulting in no increase in the Poudre River product corridor 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 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. 37 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 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. 38 Sec. 10-47. Changes of use. 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. See. 10-48 - 10.70. Reserved. DIVISION 4. POUDRE RIVER FLOOD HAZARD AREAS Sec. 10-71. Specific standards for development in Poudre River floodway and product corridor. In addition to complying with all other applicable provisions of this Article, all development in the floodway and product corridor 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§ 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§ 10-37(b). 39 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. £ Nonconforming basements below the regulatory flood protection elevation are subject to th a following restrictions: i. Residential structure. No basement below the regulatory flood protection elevation may remain after completion of any cumulative substantial improvement of a residential structure. ii. 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. iii. 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: 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. (4) Redevelopment. Redevelopment of any structure is prohibited. For the purpose of this requirement, the definition of the term redevelopment applicable to the Poudre River floodplain shall apply. (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. 40 b. Expansion of a manufactured home park or a mobile building development is prohibited. (6) Attachedgarages. Anew attached garage shall be considered an addition and shall therefore be subject to the restrictions and requirements applicable to additions. (7) Accessory structures. a. Construct ion 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. For the purpose of this requirement,the definition of the term redevelopment applicable to the Poudre River floodplain shall apply. 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§ 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 and product corridor modifications. Floodway and product corridor modification is prohibited except to the extent such modification is made in connection with the development of public infrastructure or publicly owned recreational facilities. In such event, the floodway or product corridor modification must comply with all applicable requirements, including but not limited to the requirements of§ 10-45. (9) Critical facilities. Critical facilities are prohibited. 41 (10) Dryland access.Dryland access must be provided in connection with any new structure or addition to or cumulative substantial improvement of any structure. Sec. 10-72. Specific standards for nonstructural development in Poudre River floodway and product corridor. In addition to complying with all other applicable provisions of this Article, all non-structural development in the floodway and product corridor 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 there is no placement of fill and 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 there is no placement of fill and all applicable requirements, including but not limited to the requirements of§ 10-45, are met. (4) Fill. Placement of fill is prohibited unless it is related to the development of public infrastructure orpublicly owned recreational facilities,in which case any fill that is placed for such development shall not cause a rise in the base flood elevation. Eligibility for a letter of map revision based on fill from FEMA shall not be considered an exemption from this prohibition. Fill related to mine reclamation shall be allowed in the floodway and product corridor so long as said fill will not cause a rise in base flood elevations and so long as all changes in the floodway and product corridor are on the mining site. (5) Outdoor storage/storage offloatable materials. a. Outdoor storage ofmaterials associated with a nonresidential use that are not defined as floatable materials in§ 10-16,whether permanent or temporary, is prohibited. 42 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 there is no placement of fill and 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. See.10-73. Floodway encroachments in Poudre River floodway and product corridor. 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. Sec. 10-74. Change of use in Poudre River floodway and product corridor. No person shall change the use of any structure or property, or any portion thereof, located in the Poudre River floodway or product corridor so as to result in a use or expansion of a use that is inconsistent with the requirements of this Article. 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. 43 (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 44 the restrictions and requirements applicable to an addition to a residential structure. (7) Accessory structures. a. Construction of 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§ 10-37(b). e. 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. 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 or redevelopment all applicable requirements,including but not limited to the requirements of§ 10-38, are met. (8) Critical facilities. Critical facilities and are prohibited. (9) Dryland access. Dryland access must be provided to any new residential structure or addition to or cumulative substantial improvement of an existing residential structure. 45 Sec. 10-76 . Specific standards for nonresidential development in Poudre River flood fringe. In addition to complying with all other applicable provisions of this Article, all nonresidential 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. a. Construction of a new nonresidential structure is allowed, provided that all applicable requirements, including but not limited to the requirements of§ 10-37, are met. b. For a new nonresidential structure,compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in a new nonresidential structure,provided that all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (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. For an addition to a nonresidential structure, compliance with the requirements of§ 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. 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. (3) Remodeling and repairs. a. Remodeling or repair of a structure is allowed, provided that after completion of any cumulative substantial improvement all applicable 46 requirements, including but not limited to the requirements of§ 10- 37, are met. b. Reconstruction of a nonresidential 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. For remodeling or repair of a nonresidential structure, compliance with the requirements of§ 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). d. A new basement may be constructed below the regulatory flood protection elevation in connection with the remodeling or repair of a nonresidential structure, provided that all applicable requirements, including but not limited to the requirements of§ 10-38, are met. e. 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. (4) Redevelopment. a. Redevelopment of nonresidential structure is allowed,provided that all applicable requirements, including but not limited to the requirements of§ 10-37, are met. b. For redevelopment of nonresidential structure,compliance with the requirements of§ 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in connection with the redevelopment of a nonresidential structure, provided that all applicable requirements, including but not limited to the requirements of§ 10-38, are met. d. A nonconforming basement below the regulatory flood protection elevation may remain in connection with the redevelopment of a nonresidential structure, provided that all applicable requirements, including but not limited to the requirements of§ 10-38, are met. 47 (5) Mobile buildings. Mobile buildings, other than nonconforming mobile buildings, are prohibited. a. Development of a mobile building development is prohibited. b. Expansion of a mobile building development is prohibited. (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. 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§ 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. 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. 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§ 10-37(b). e. 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. 48 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 or redevelopment all applicable requirements,including but not limited to the requirements of§ 10-38, are met. (8) Critical facilities. Critical facilities are prohibited. (9) Dryland access. Dryland access must be provided to any new nonresidential structure or addition to or cumulative substantial improvement of a nonresidential structure. Sec. 10-77 . Specific standards for mixed use development in Poudre River flood fringe. In addition to complying with all other applicable provisions of this Article, all mixed use 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 mixed use structure is prohibited. (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. 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§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in an addition to a mixed use structure,provided that: i. all residential use is on a floor completely above the regulatory flood protection elevation; and 49 ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (3) Remodeling and repairs. a. Remodeling of a mixed use structure is allowed, provided that all applicable requirements,including but not limited to the requirements of§ 10-37,are met by any cumulative substantial improvement to the structure. b. Reconstruction of a mixed use 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. For remodeling or repair 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§ 10-37(b). d. A new basement may be constructed below the regulatory flood protection elevation in connection with the remodeling or repair of a mixed use structure,provided that: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. e. 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: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. 50 (4) Redevelopment. a. Redevelopment of a mixed use structure is allowed,provided that all applicable requirements,including but not limited to the requirements of§ 10-37, are met. b. For redevelopment 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 requirement of § 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in connection with the redevelopment of mixed use structure, provided that: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. d. A nonconforming basement below the regulatory flood protection elevation may remain in connection with the redevelopment of a mixed use structure, provided that: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. 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. 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§ 10- 37(b). 51 (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. 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. 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§ 10-37(b). e. 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. 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 or redevelopment all applicable requirements,including but not limited to the requirements of§ 10-38, are met. (7) Critical facilities. Critical facilities are prohibited. (8) Dryland access. Dryland access must be provided to any new mixed-use structure or addition to or cumulative substantial improvement of a mixed-use structure. Sec. 10-78. Specific standards for nonstructural development in Poudre River flood fringe. In addition to complying with all other applicable provisions of this Article, all non-structural 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 52 between any of the following provisions and any other provision of this Article,the more restrictive provision shall control. (1) Fencing. Fencing is not restricted. (2) Detention ponds. Detention ponds are not restricted. (3) Hard surface paths, trails and walkways. Hard surface paths, trails and walkways are not restricted. (4) Fill. Placement of fill is not restricted. (5) Outdoor storage/storage of floatable materials. a. Outdoor storage of materials that are not defined as floatable materials in § 10-16 is not restricted. b. Storage of floatable materials associated with nonresidential use, whether permanent or temporary, is prohibited, except for that storage 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 driveways and parking areas is not restricted. Sec. 10-79. Change of use in Poudre River flood fringe. No person shall change the use of any structure or property, or any portion thereof, located in the Poudre River flood fringe so as to result in a use or expansion of a use that is inconsistent with the requirements of this Article. Sec. 10-80. Removal of property from Poudre River flood fringe. (a) Subject to the provisions of Subsections (b) and (c) of this Section and all applicable provisions of this Code and the city's Land Use Code (including, without limitation,Land Use Code § 3.3.3),property located in flood fringe may be removed from the one hundred year floodplain if one(1)of the following conditions is satisfied: (1) FEMA has issued a Letter of Map Revision (LOMR) removing the property from the one hundred year floodplain solely as a result of the 53 construction of stormwater improvements identified in the city's Poudre River Master Drainage Plan; or (2) FEMA has issued a Letter of Map Revision based on Fill (LOMR-F) removing the property from the one hundred year floodplain,and at least fifteen(15)percent of the property's boundary is contiguous to property outside the floodplain, there is dryland access on the property and there is dryland access from the property to a publicly maintained street or road and such access and street or road would not be flooded by a base flood. (b) If the property removed from the one hundred year floodplain pursuant to Subsection (a) of this Section remains in the five-hundred-year floodplain after such removal, any development on the property shall comply with all requirements and prohibitions of this Article pertaining to the five-hundred-year floodplain. (c) If property is removed from the one hundred year floodplain in accordance with subparagraph(a)(2)of this Section,the lowest floor of any structure built or existing on such property must be elevated to or above the regulatory flood protection elevation, as set forth in § 10-37, and, if the structure is a manufactured home, it shall also comply with all the requirements of§ 10-41. See.10-81. Specific standards for Poudre River five-hundred-year floodplain and zone X shaded areas. (a) Critical facilities. In any portion of the Poudre River five-hundred-year floodplain or a zone X shaded area, as designated pursuant to § 10-19, critical facilities are prohibited. (b) Change of use. No person shall change the use of any structure or property located in the Poudre River five-hundred-year floodplain or a zone X shaded area so as to result in a new use or new nonconforming structure that is inconsistent with the requirements of this Article. Sec. 10-82 - 10-100. Reserved. DIVISION 5. FEMA BASIN FLOODPLAINS Sec. 10-101. Designation of FEMA basin floodplains. In accordance with§ 10-19,the floodplains designated by FEMA or the General Manager,for the Dry Creek basin,the Spring Creek basin,the Boxelder Creek basin, and the Cooper Slough basin,as described therein,shall be considered FEMA basin floodplains and shall be subject to the requirements of this Division, and all other 54 applicable requirements of this Article,including without limitation the requirements applicable to erosion buffer zones as set forth in Division 7. Sec. 10-102. Specific standards for residential development in floodways of FEMA basin floodplains. In addition to complying with all other applicable provisions of this Article, all residential development in the floodway of a FEMA basin floodplain shall comply with the following provisions. If there is any conflict between any of the following provisions and any other provision ofthis Article,the more restrictive provision shall control. (1) New construction. Construction of a new residential structure is prohibited. (2) Addition. Addition to a residential structure is prohibited, except for addition of a new attached garage, as set forth herein. (3) Remodeling and repair. a. Remodeling and repair of a residential 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. b. No new basement may be constructed below the regulatory flood protection elevation in connection with any remodeling or repair of a residential structure. c. No basement below the regulatory flood protection elevation may remain after completion of any 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 any redevelopment of a residential structure. 55 c. No basement below the regulatory flood protection elevation may remain after completion of any redevelopment of a residential structure. (5) Manufactured homes. a. Manufactured homes, other than nonconforming manufactured homes, are prohibited, except that: i. A manufactured home in a nonconforming manufactured home park may be replaced, provided that the replacement manufactured home complies with all applicable requirements,including but not limited to the requirements of § 10-41. ii. Installation of a manufactured home on a nonconforming previously improved lot in a nonconforming manufactured home park is allowed, provided that the new manufactured home complies with all applicable requirements, including but not limited to the requirements of§ 10-41. b. Development of a manufactured home park is prohibited. c. Expansion of a manufactured home park is prohibited. (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. 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§ 10- 37(b). (7) Accessory structures. a. Construction of anew 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. 56 b. 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. 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§ 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 substantial improvement or redevelopment all applicable requirements,including but not limited to the requirements of§ 10-38, are met. (8) Floodway modification. Floodway modification is permitted, provided that all applicable requirements, including but not limited to the requirements of§ 10-45 are met. (9) Critical facilities. Critical facilities are prohibited. Sec. 10-103. Specific standards for nonresidential development in floodways of FEMA basin floodplains. In addition to complying with all other applicable provisions of this Article, all nonresidential development in the floodway of a FEMA basin floodplain 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. a. Construction of a new 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. 57 b. For a new nonresidential structure,compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. No new basement may be constructed below the regulatory flood protection elevation in a new nonresidential structure. (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. For an addition to a nonresidential structure,compliance with the requirements of§ 10-38may be substituted for compliance with the applicable requirements of§ 10-37(b). c. No new basement may be constructed below the regulatory flood protection elevation in an addition to a nonresidential structure. (3) Remodeling and repairs. a. Remodeling or repair of a nonresidential 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. b. For remodeling or repair of a nonresidential structure, compliance with the requirements of§ 10-38may be substituted for compliance with the applicable requirements of§ 10-37(b). c. No new basement may be constructed below the regulatory flood protection elevation in connection with any remodeling or repair of a nonresidential structure. d. 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 substantial improvement all applicable requirements, including but not limited to the requirements of§ 10-38, are met. 58 (4) Redevelopment. a. Redevelopment of nonresidential structure is allowed,provided that all applicable requirements, including but not limited to the requirements of§ 10-37, are met. b. For redevelopment of a nonresidential structure,compliance with the requirements of§ 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. No new basement may be constructed below the regulatory flood protection elevation in connection with any redevelopment of a nonresidential structure. d. A nonconforming basement below the regulatory flood protection elevation may remain after the completion of the redevelopment of a nonresidential structure,provided that all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (5) Mobile buildings. a. Mobile buildings, other than nonconforming mobile buildings, are prohibited, except that: i. A nonconforming mobile building in a mobile building development may be replaced,provided that the replacement mobile building complies with all applicable requirements, including but not limited to the requirements of§ 10-41. ii. Installation of a mobile building on a nonconforming previously improved lot in a nonconforming mobile building development is allowed, provided that the new mobile building complies with all applicable requirements,including but not limited to the requirements of§ 10-41. b. Development of a mobile building development is prohibited. c. Expansion of a mobile building development is prohibited. (6) Attached garages. a. Addition of an attached garage to a nonresidential structure is allowed,provided that all applicable requirements,including but not 59 limited to the requirements of§ 10-45 and the requirements of§ 10- 37, are met by the attached garage. b. 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§ 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. 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. 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§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 substantial improvement or redevelopment all applicable requirements,including but not limited to the requirements of§ 10-38, are met. (8) Floodway modification. Floodway modification is allowed,provided that all applicable requirements,including but not limited to the requirements of§ 10-45, are met. (9) Critical facilities. Critical facilities are prohibited. 60 Sec. 10-104. Specific standards for mixed use development in floodways of FEMA basin floodplains. In addition to complying with all other applicable provisions of this Article, all mixed use development in the floodway of a FEMA basin floodplain shall comply with the following provisions. If there is any conflict between any of the following provisions and any other provision ofthis Article,the more restrictive provision shall control. (1) New construction. Construction of a new mixed use structure is prohibited. (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. 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§ 10-37(b). d. No new basement may be constructed below the regulatory flood protection elevation in an addition to a mixed use structure. (3) Remodeling and repairs. a. Remodeling or repair of a mixed use 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. b. For remodeling or repair 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§ 10-37(b). c. No new basement may be constructed below the regulatory flood protection elevation in any remodeling or repair of a mixed use structure. 61 d. 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 substantial improvement: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (4) Redevelopment. a. Redevelopment of a mixed use structure is allowed,provided that all applicable requirements,including but not limited to the requirements of§ 10-37, are met. b. For a redevelopment 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§ 10-37(b). c. No new basement may be constructed below the regulatory flood protection elevation in any redevelopment of a mixed use structure. d. A nonconforming basement below the regulatory flood protection elevation may remain in connection with the redevelopment of a mixed use structure, provided that: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (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. 62 b. 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§ 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. 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. 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§ 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 substantial improvement or redevelopment all applicable requirements,including but not limited to the requirements of§ 10-38, are met. (7) Floodway modification. Floodway modification is allowed,provided that all applicable requirements,including but not limited to the requirements of§ 10-45, are met. (8) Critical facilities. Critical facilities are prohibited. 63 Sec. 10-105. Specific standards for nonstuctural development in floodways of FEMA basin floodplains. In addition to complying with all other applicable provisions of this Article, all non-structural development in the floodway of a FEMA basin floodplain 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 floodwater 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. Outdoor storage associated with nonresidential use, whether temporary or permanent, is prohibited, unless all applicable requirements, including but not limited to the requirements of§ 10-45, are met. (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. Outdoor parking that meets the definition of outdoor storage in§ 10-16 shall be subject to regulation as outdoor storage. (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. 64 Sec. 10-106. Floodway encroachments in floodways of FEMA basin floodplains. 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 applicable requirements, including but not limited to the requirements of§ 10-45, are met. Sec. 10-107. Change of use in floodways of FEMA basin floodplains. No person shall change the use of any structure or property, or any portion thereof, located in the floodway of a FEMA basin floodplain so as to result in a use or expansion of a use that is inconsistent with the requirements of this Article. Sec. 10-108. Specific standards for residential development in flood fringe of FEMA basin floodplains. In addition to complying with all other applicable provisions of this Article, all residential development in the flood fringe of a FEMA basin floodplain shall comply with the following provisions unless removed from the flood fringe by approval of a LOMR in accordance with § 10-113. 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. a. Construction of a new 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 any new residential structure. (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. No new basement may be constructed below the regulatory flood protection elevation in any addition to a residential structure. 65 (3) Remodeling and repairs. a. Remodeling or repair of a residential structure is allowed provided that any substantial improvement shall meet all applicable requirements, including but not limited to the requirements of§ 10- 37. b. No new basement may be constructed below the regulatory flood protection elevation in connection with any remodeling or repair of a residential structure. c. No basement below the regulatory flood protection elevation may remain after completion of any 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 upon 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. a. Manufactured homes, other than nonconforming manufactured homes, are prohibited, except that: i. A nonconforming manufactured home may be replaced, provided that the replacement manufactured home complies with all applicable requirements, including but not limited to the requirements of§ 10-4. ii. Installation of a manufactured home on a nonconforming previously improved lot in a nonconforming manufactured home park is allowed, provided that the new manufactured home complies with all applicable requirements, including but not limited to the requirements of§ 10-41. 66 b. Development of a manufactured home park is prohibited. c. Expansion of a manufactured home park is prohibited. (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. 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§ 10- 37(b). (7) Accessory structures. a. Construction of 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. 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. 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§ 10-37(b). e. 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. f. 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. 67 (8) Critical facilities. Critical facilities are prohibited. Sec.10-109. Specific standards for nonresidential development in flood fringe of FEMA basin floodplains. In addition to complying with all other applicable provisions of th is Article, all nonresidential development in the flood fringe of a FEMA basin floodplain shall comply with the following provisions unless removed from the flood fringe by approval of a LOMR in accordance with § 10-113. 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. a. Construction of a new nonresidential structure is allowed,provided that all applicable requirements, including but not limited to the requirements of§ 10-37, are met. b. For a new nonresidential structure,compliance with the requirements of § 10-38 may be substituted,for compliance with the applicable requirements of§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in a new nonresidential structure,provided that all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (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. For an addition to a nonresidential structure, compliance with the requirements of§ 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. 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. 68 (3) Remodeling and repairs. a. Remodeling or repair of a nonresidential 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. b. For remodeling or repair of a nonresidential structure, compliance with the requirements of§ 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in connection with the remodeling or repair of a nonresidential structure, provided that all applicable requirements, including but not limited to the requirements of§ 10-38, are met. d. A nonconforming basement below the regulatory flood protection elevation may remain in a nonresidential structure, provided that upon completion of any substantial improvement all applicable requirements, including but not limited to the requirements of§ 10- 38, are met. (4) Redevelopment. a. Redevelopment of nonresidential structure is allowed,provided that all applicable requirements, including but not limited to the requirements of§ 10-37, are met. b. For a redevelopment of a nonresidential structure, compliance with the requirements of§ 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in connection with the redevelopment of a nonresidential structure, provided that all applicable requirements, including but not limited to the requirements of§ 10-38, are met. d. A nonconforming basement below the regulatory flood protection elevation may remain in connection with the redevelopment of a nonresidential structure, provided that all applicable requirements, including but not limited to the requirements of§ 10-38, are met. 69 (5) Mobile buildings. a. Mobile buildings, other than nonconforming mobile buildings, are prohibited, except that i. A nonconforming mobile building may be replaced,provided that the replacement mobile building complies with all applicable requirements, including but not limited to the requirements of§ 10-41. ii. Installation of a mobile building on a nonconforming previously improved lot in a nonconforming mobile building development is allowed, provided that the new mobile building complies with all applicable requirements,including but not limited to the requirements of§ 10-41. b. Development of a mobile building development is prohibited. c. Expansion of a mobile building development is prohibited. (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. 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§ 10- 37(b). (7) Accessory structures. a. Construction of 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. 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. 70 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§ 10-37(b). e. 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. f. 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. (8) Critical facilities. Critical facilities are prohibited. Sec. 10-110. Specific standards for mixed use development in flood fringe of FEMA basin floodplains. In addition to complying with all other applicable provisions of this Article, all mixed use development in the flood fringe of a FEMA basin floodplain shall comply with the following provisions unless removed from the flood fringe by approval of a LOMR in accordance with § 10-113. 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. a. Construction of a new mixed use structure is allowed,provided that all applicable requirements, including but not limited to the requirements of§10-37, are met. b. For a new 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§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in a new mixed use structure,provided that: 71 i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (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. 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§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in an addition to a mixed use structure,provided that: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (3) Remodeling and repairs. a. Remodeling and repair of a mixed use structure is allowed,provided that all applicable requirements, including but not limited to the requirements of§ 10-37, are met. b. For remodeling or repair 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§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in connection with the remodeling or repair of a mixed use structure,provided that: 72 i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. d. 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 substantial improvement: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (4) Redevelopment. a. Redevelopment of a mixed use structure is allowed,provided that all applicable requirements,including but not limited to the requirements of§ 10-37, are met. b. For a redevelopment 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§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in connection with the redevelopment of a mixed use structure, provided that: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. d. A nonconforming basement below the regulatory flood protection elevation may remain in connection with the redevelopment of a mixed use structure, provided that 73 i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. 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. 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§ 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. 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. 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§ 10-37(b). e. 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. f. 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 74 applicable requirements,including but not limited to the requirements of§ 10-38, are met. (7) Critical facilities. Critical facilities are prohibited. Sec. 10-111. Specific standards for nonstructural development in flood fringe of FEMA basin floodplains. In addition to complying with all other applicable provisions of this Article, all non-structural development in the flood fringe of a FEMA basin floodplain shall comply with the following provisions unless removed from the flood fringe by approval of a LOMR in accordance with § 10-113. 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. Fencing is not restricted. (2) Detention ponds. Detention ponds are not restricted. (3) Hard surface paths, trails and walkways. Hard surface paths,trails and walkways are not restricted. (4) Fill. Placement of fill is not restricted. (5) Outdoor storage. Outdoor storage, whether temporary or permanent, is not restricted. (6) Driveways and parking areas. Construction of driveways and parking areas is not restricted. (7) Vegetation. Placement of vegetation is not restricted. Sec. 10-112. Change of use in flood fringe of FEMA basin floodplains. No person shall change the use of any structure or property, or any portion thereof, located in the flood fringe of a FEMA basin floodplain so as to result in a use or expansion of a use that is inconsistent with the requirements of this Article. Sec. 10-113. Removal of property from flood fringe of FEMA basin floodplains. (a) Property located within that portion of a FEMA basin floodplain that has been designated by FEMA pursuant to § 10-19(a) (FEMA designations) may be removed from the flood fringe if one (1) of the following conditions is satisfied: 75 (1) LOMR. FEMA has issued a Letter of Map Revision(LOMR)removing the property from the flood fringe based on revised floodplain modeling and technical analysis; or (2) LOMR-Fill. FEMA has issued a Letter of Map Revision based on Fill (LOMR-F)removing the property from the one hundred year floodplain. If FEMA has issued a LOMR-F removing the property from the flood fringe, the following requirements and restrictions shall remain applicable: a. 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: i. 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§ 10-37(b). b. Critical facilities and expansions of critical facilities are prohibited. c. Manufactured homes and mobile buildings other than a nonconforming manufactured home or mobile building are prohibited, except that: i. 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. ii. Manufactured home parks and mobile building developments, other than nonconforming manufactured home parks and mobile building developments, are prohibited. iii. Expansion of a manufactured home park or a mobile building development is prohibited. (b) Property located in the flood fringe of a FEMA basin floodplain as designated by the General Manager pursuant to § 10-19(b) that is outside of the FEMA basin floodplain that has been designated by FEMA pursuant to § 10-19(a) may be removed from the flood fringe upon approval by the General Manager of a final map revision based upon floodplain modeling and technical analysis consistent 76 with floodplain modeling guidelines and standards established or approved by the General Manager demonstrating that the property is no longer located in the flood fringe. Such modeling and analysis shall be required as the basis for a map revision regardless of fill or other physical changes to a property. Sec.10-114. Waiver of requirements for city designations within FEMA basin floodplains. The General Manager may waive any or all of the requirements of this Article that apply to the issuance of a floodplain permit for a proposed development solely because of the General Manager's applicable flood hazard designation pursuant to § 10-19(b),and not because of FEMA's applicable flood hazard designation pursuant to § 10-19(a). The General Manager may waive such requirements and issue a floodplain permit in such event, if he or she is satisfied that there is a sufficient degree of certainty that the property will be removed from the floodway or flood fringe as a result of a city funded capital project to allow a floodplain permit to issue for the proposed development hereunder considering: (1) the nature of the proposed development and related flood risks; and (2) the level of certainty that the capital project will proceed to completion, which shall at a minimum include the prior issuance of a notice to proceed for the capital project, and the expectation that the capital project is progressing and will continue to completion; and (3) a technical analysis consistent with the city's technical standards for such analysis that has been completed by a registered professional engineer and that documents and proves to the satisfaction of the General Manager that the property will be completely removed from the floodway or flood fringe, as applicable, after completion of the capital project. New structures that are constructed pursuant to a waiver under this Section and upon completion of the relevant capital project are determined to not have been removed from the floodway or flood fringe as anticipated at the time of said waiver will be deemed to be nonconforming structures in the floodway or flood fringe, as applicable, and all future activities and development shall be subject to the requirements of this Article as the same would apply to any nonconforming structure. Secs. 10-115 - 10-130. Reserved. 77 DIVISION 6. CITY BASIN FLOODPLAINS Sec. 10-131. Designation of city basin floodplains. In accordance with§ 10-19,the floodplains designated by the General Manager, for the Old Town basin,the West Vine basin,the Canal Importation basin,the Fossil Creek basin, the Mail Creek basin, the McClellands Creek basin and the Foothills basin, as described therein, shall be considered city basin floodplains and shall be subject to the requirements of this Division,and all other applicable requirements of this Article, including without limitation the requirements applicable to erosion buffer zones as set forth in Division 7. Sec. 10-132. Specific standards for residential development in floodways of city basin floodplains. In addition to complying with all other applicable provisions of this Article, all residential development in the floodway of a city basin floodplain shall comply with the following provisions. If there is any conflict between any of the following provisions and any otherprovision ofthis Article,the more restrictive provision shall control. (1) New construction. Construction of new residential structures is prohibited. (2) Addition. Addition to a residential structure is prohibited, except for addition of a new attached garage, as set forth herein. (3) Remodeling and repairs. a. Remodeling or repair of a residential structure is allowed, provided that upon completion of any substantial improvement 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 remodeling or repair of a residential structure. c. No basement below the regulatory flood protection elevation may remain upon any substantial improvement of a residential structure. 78 (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 any redevelopment of a residential structure. c. No basement below the regulatory flood protection elevation may remain upon any redevelopment of a residential structure. (5) Manufactured homes. a. Manufactured homes, other than nonconforming manufactured homes, are prohibited, except that: i. A nonconforming manufactured home in a manufactured home park may be replaced, provided that the replacement manufactured home complies with all applicable requirements,including but not limited to the requirements of § 10-41. ii. Installation of a manufactured home on a nonconforming previously improved lot in a nonconforming manufactured home park is allowed, provided that the new manufactured home complies with all applicable requirements, including but not limited to the requirements of§ 10-41. b. Development of a manufactured home park is prohibited. c. Expansion of a manufactured home park is prohibited. (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 attached garage. b. 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§ 10- 37(b). 79 (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. b. Remodeling and repair of an accessory structure is allowed,provided that for any 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 upon completion of any substantial improvement, 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§ 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 upon completion of any substantial improvement or redevelopment all applicable requirements,including but not limited to the requirements of§ 10-38, are met. (8) Floodway modification. Floodway modification is allowed,provided that all applicable requirements,including but not limited to the requirements of§ 10-45, are met. (9) Critical facilities. Critical facilities are prohibited. Sec. 10-133. Specific standards for nonresidential development in floodways of city basin floodplains. In addition to complying with all other applicable provisions of this Article, all nonresidential development in the floodway of a city basin floodplain,shall comply with the following provisions. If there is any conflict between any of the following provisions and any other provision ofthis Article,the more restrictive provision shall control. 80 (1) New construction. a. Construction of new nonresidential structures 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. For a new nonresidential structure,compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. No new basement may be constructed below the regulatory flood protection elevation in a new nonresidential structure. (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. For an addition to a nonresidential structure, compliance with the requirements of§ 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. No new basement may be constructed below the regulatory flood protection elevation in an addition to a nonresidential structure. (3) Remodeling and repairs. a. Remodeling or repair of a nonresidential structure is allowed provided that upon completion of any substantial improvement all applicable requirements,including but not limited to the requirements of§ 10-37, are met. b. For remodeling or repair of a nonresidential structure, compliance with the requirements of§ 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. No new basement may be constructed below the regulatory flood protection elevation in connection with any remodeling or repair of a nonresidential structure. d. A nonconforming basement below the regulatory flood protection elevation may remain upon the remodeling or repair of a nonresidential structure, provided that upon completion of any 81 substantial improvement all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (4) Redevelopment. a. Redevelopment of nonresidential structure is allowed,provided that all applicable requirements, including but not limited to the requirements of§ 10-37, are met. b. For redevelopment of nonresidential structure,compliance with the requirements of§ 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. No new basement may be constructed below the regulatory flood protection elevation in connection with any redevelopment of a nonresidential structure. d. A nonconforming basement below the regulatory flood protection elevation may remain upon the redevelopment of a nonresidential structure,provided that all applicable requirements,including but not limited to the requirements of§ 10-38, are met. (5) Mobile buildings. a. Mobile buildings, other than nonconforming mobile buildings, are prohibited, except that: i. A nonconforming mobile building in a mobile building development may be replaced,provided that the replacement mobile building complies with all applicable requirements, including but not limited to the requirements of§ 10-41. ii. Installation of a mobile building on a nonconforming previously improved lot in a nonconforming mobile building development is allowed, provided that the new mobile building complies with all applicable requirements,including but not limited to the requirements of§ 10-41. b. Development of a mobile building development is prohibited. c. Expansion of a mobile building development is prohibited. 82 (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. 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§ 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. b. Remodeling and repair of an accessory structure is allowed,provided that upon completion of any 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§ 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 upon completion of any substantial improvement or redevelopment all applicable requirements,including but not limited to the requirements of§ 10-38, are met. (8) Floodway modification. Floodway modification is allowed,provided that all applicable requirements,including but not limited to the requirements of§ 10-45, are met. 83 (9) Critical facilities. Critical facilities are prohibited. Sec. 10-134. Specific standards for mixed use development in floodways of city basin flood plains. In addition to complying with all other applicable provisions of this Article, all mixed use development in the floodway of a city basin floodplain shall comply with the following provisions. If there is any conflict between any of the following provisions and any other provision ofthis Article,the more restrictive provision shall control. (1) New construction. Construction of a new mixed use structure is prohibited. (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 by the addition. c. For an addition to the nonresidential use portions of a mixed use structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of§ 10- 37(b). d. No new basement may be constructed below the regulatory flood protection elevation in an addition to a mixed use structure. (3) Remodeling and repairs. a. Remodeling or repair of a mixed use structure is allowed, provided that upon completion of any substantial improvement, all applicable requirements, including but not limited to the requirements of§ 10- 37, are met. b. For remodeling or repair 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§ 10-37(b). 84 c. No new basement may be constructed below the regulatory flood protection elevation in any remodeling or repair of a mixed use structure. d. 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 upon completion of any substantial improvement: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (4) Redevelopment. a. Redevelopment of a mixed use structure is allowed,provided that all applicable requirements,including but not limited to the requirements of§ 10-37, are met. b. For redevelopment 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§ 10-37(b). c. No new basement may be constructed below the regulatory flood protection elevation in any redevelopment of a mixed use structure. d. A nonconforming basement below the regulatory flood protection elevation may remain in connection with the redevelopment of a mixed use structure, provided that: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (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 85 limited to the requirements of§ 10-45 and the requirements of§ 10- 37, are met by the attached garage. b. 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§ 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. b. Remodeling and repair of an accessory structure is allowed,provided that upon completion of any 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§ 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 upon completion of any substantial improvement or redevelopment all applicable requirements,including but not limited to the requirements of§ 10-38, are met. (7) Floodway modification. Floodway modification is allowed,provided that all applicable requirements,including but not limited to the requirements of§ 10-45, are met. (8) Critical facilities. Critical facilities are prohibited. 86 See. 10-135. Specific standards for nonstructural development in floodways of city basin floodplains. In addition to complying with all other applicable provisions of this Article, all non-structural development in the floodway of a city basin floodplain shall comply with the following provisions. If there is any conflict between any of the following provisions and any other provision ofthis 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 floodwater 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 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. Outdoor storage associated with a nonresidential use, whether temporary or permanent, is prohibited, unless all applicable requirements, including but not limited to the requirements of§ 10-45, are met. (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. Outdoor parking that meets the definition of outdoor storage in § 10-16 shall be subject to regulation as outdoor storage. (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. 87 Sec. 10-136. Floodway encroachments in floodways of city basin floodplains. 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 applicable requirements, including but not limited to the requirements of§ 10-45, are met. Sec. 10-137. Change of use in floodways of city basin floodplains. No person shall change the use of any structure or property, or any portion thereof, located in the floodway of a city basin floodplain so as to result in a use or expansion of a use that is inconsistent with the requirements of this Article. Sec. 10-138. Specific standards for residential development in flood fringe of city basin floodplains. In addition to complying with all other applicable provisions of this Article, all residential development in the flood fringe of a city basin floodplain shall comply with the following provisions unless removed from the flood fringe in accordance with §10-143. 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. a. Construction of a new 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 any new residential structure. (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. No new basement may be constructed below the regulatory flood protection elevation in any addition to a residential structure. (3) Remodeling and repairs. a. Remodeling or repair of a residential structure is allowed,provided that upon completion of any substantial improvement all applicable 88 requirements, including but not limited to the requirements of§ 10- 37, are met. b. For remodeling or repair of a residential structure,any improvements on a floor that is entirely above the base flood elevation, including any vertical addition, may be excluded from the calculation of the cost of improvements for the purpose of determining whether the improvements constitute a substantial improvement. c. For remodeling or repair of a residential structure, if a vertical addition is being added to a structure,and a substantial improvement is not being made, then the foundation of the existing structure, as existing or as modified by proposed improvements, assuming the completion of the vertical addition, must be certified by a registered professional engineer to be sufficient to withstand the hydrostatic and hydrodynamic loads against the structure expected to occur in a one- hundred year flood. d. No new basement may be constructed below the regulatory flood protection elevation in connection with any remodeling or repair of a residential structure. e. No basement below the regulatory flood protection elevation may remain upon completion of any 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 upon any redevelopment of a residential structure. c. No basement below the regulatory flood protection elevation may remain upon any redevelopment of a residential structure. (5) Manufactured homes. a. Manufactured homes, other than nonconforming manufactured homes, are prohibited, except that: 89 i. A nonconforming manufactured home may be replaced, provided that the replacement manufactured home complies with all applicable requirements,including but not limited to the requirements of§ 10-41. ii. Installation of a manufactured home on a nonconforming previously improved lot in a nonconforming manufactured home park is allowed, provided that the new manufactured home complies with all applicable requirements, including but not limited to the requirements of§ 10-41. b. Development of a manufactured home park is prohibited. c. Expansion of a manufactured home park is prohibited. (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. 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§ 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. Remodeling and repair of an accessory structure is allowed,provided that upon completion of any 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§ 10-37(b). 90 e. 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. f. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that upon completion of any substantial improvement or redevelopment all applicable requirements,including but not limited to the requirements of§ 10-38, are met. (8) Critical facilities. Critical facilities are prohibited. See.10-139. Specific standards for nonresidential development in flood fringe of city basin floodplains. In addition to complying with all other applicable provisions of this Article, all nonresidential development in the flood fringe of city basin floodplain shall comply with the following provisions unless removed from the flood fringe in accordance with § 10-143. 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. a. Construction of a new nonresidential structure is allowed, provided that all applicable requirements, including but not limited to the requirements of§ 10-37, are met. b. For a new nonresidential structure,compliance with the requirements of§ 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in a new nonresidential structure,provided that all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (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. 91 b. For an addition to a nonresidential structure, compliance with the requirements of§ 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. 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. (3) Remodeling and repair. a. Remodeling or repair of a nonresidential structure is allowed, provided that upon completion of any substantial improvement all applicable requirements,including but not limited to the requirements of§ 10-37, are met. b. For remodeling or repair of a nonresidential structure, compliance with the requirements of§ 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. For remodeling or repair of a nonresidential structure, any improvements on a floor that is entirely above the base flood elevation, including any vertical addition,may be excluded from the calculation of the cost of improvements for the purpose of determining whether the improvements constitute a substantial improvement. d. For remodeling or repair of a nonresidential structure, if a vertical addition is being added to a structure,and a substantial improvement is not being made, then the foundation of the existing structure, as existing or as modified by proposed improvements, assuming the completion of the vertical addition,must be certified by a registered professional engineer to be sufficient to withstand the hydrostatic and hydrodynamic loads against the structure expected to occur in a one- hundred year flood event. e. A new basement may be constructed below the regulatory flood protection elevation in connection with the remodeling or repair of a nonresidential structure, provided that all applicable requirements, including but not limited to the requirements of§ 10-38, are met. f. A nonconforming basement below the regulatory flood protection elevation may remain in connection with the remodeling or repair of a nonresidential structure, provided that upon completion of any 92 substantial improvement all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (4) Redevelopment. a. Redevelopment of nonresidential structure is allowed,provided that all applicable requirements, including but not limited to the requirements of§ 10-37, are met. b. For redevelopment of a nonresidential structure,compliance with the requirements of§ 10-38 may be substituted for compliance with the applicable requirements of§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in connection with the redevelopment of a nonresidential structure, provided that all applicable requirements, including but not limited to the requirements of§ 10-38, are met. d. A nonconforming basement below the regulatory flood protection elevation may remain in connection with the redevelopment of a nonresidential structure, provided that all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (5) Mobile buildings. a. Mobile buildings, other than nonconforming mobile buildings, are prohibited, except that: i. A nonconforming mobile building may be replaced,provided that the replacement mobile building complies with all applicable requirements, including but not limited to the requirements of§ 10-41. ii. Installation of a mobile building on a nonconforming previously improved lot in a nonconforming mobile building development is allowed, provided that the new mobile building complies with all applicable requirements,including but not limited to the requirements of§ 10-41. b. Development of a mobile building development is prohibited. c. Expansion of a mobile building development is prohibited. 93 (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. 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 elevation requirement of§ 10-37(b). (7) Accessory structures. a. Construction of 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. Remodeling and repair of an accessory structure is allowed,provided that upon completion of any 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§ 10-37(b). e. 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. f. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that upon completion of any substantial improvement or redevelopment all applicable requirements,including but not limited to the requirements of§ 10-38, are met. (8) Critical facilities. Critical facilities are prohibited . 94 Sec. 10-140. Specific standards for mixed use development in flood fringe of city basin floodplains. In addition to complying with all other applicable provisions of this Article, all mixed use development in the flood fringe of a city basin floodplain shall comply with the following provisions unless removed from the flood fringe in accordance with § 10-143. 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. a. Construction of a new mixed use structure is allowed,provided that all applicable requirements, including but not limited to the requirements of§ 10-37, are met. b. For a new 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 elevation requirement of§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in a new mixed use structure, provided that: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (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. 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 elevation requirement of§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in an addition to a mixed use structure,provided that: 95 i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (3) Remodeling and repair. a. Remodeling or repair of a mixed use structure is allowed, provided that all applicable requirements, including but not limited to the requirements of§ 10-37, are met. b. For remodeling or repair 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§ 10-37(b). c. For remodeling or repair of a mixed use structure,any improvements on a floor that is entirely above the base flood elevation, including any vertical addition, may be excluded from the calculation of the cost of improvements for the purpose of determining whether the improvements constitute a substantial improvement. d. For remodeling or repair of a mixed use structure, if a vertical addition is being added to a structure,and a substantial improvement is not being made, then the foundation of the existing structure, as existing or as modified by propose improvements, assuming the completion of the vertical addition, must be certified by a registered professional engineer to be sufficient to withstand the hydrostatic and hydrodynamic loads against the structure expected to occur in a one- hundred year flood. e. A new basement may be constructed below the regulatory flood protection elevation in connection with the remodeling or repair of a mixed use structure, provided that: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. 96 f. 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 upon completion of any substantial improvement: i all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. (4) Redevelopment. a. Redevelopment of a mixed use structure is allowed,provided that all applicable requirements,including but not limited to the requirements of§ 10-37, are met. b. For redevelopment 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§ 10-37(b). c. A new basement may be constructed below the regulatory flood protection elevation in connection with the redevelopment of mixed use structure, provided that: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. d. A nonconforming basement below the regulatory flood protection elevation may remain in connection with the redevelopment of a mixed use structure,provided that: i. all residential use is on a floor completely above the regulatory flood protection elevation; and ii. all applicable requirements, including but not limited to the requirements of§ 10-38, are met. 97 (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. 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§ 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. Remodeling and repair of an accessory structure is allowed,provided that upon completion of any 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§ 10-37(b). e. 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. f. A nonconforming basement below the regulatory flood protection elevation may remain in an accessory structure, provided that upon completion of any substantial improvement or redevelopment all applicable requirements,including but not limited to the requirements of§ 10-38, are met. (7) Critical Facilities. Critical facilities are prohibited. 98 Sec.10-141. Specific standards for nonstructural development in flood fringe of city basin floodplains. In addition to complying with all other applicable provisions of this Article, all non-structural development in the flood fringe of city basin floodplain shall comply with the following provisions unless removed from the flood fringe in accordance with § 10-143. 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. Fencing is not restricted. (2) Detention ponds. Detention ponds are not restricted. (3) Hard surface paths, trails and walkways. Hard surface paths, trails and walkways are not restricted. (4) Fill. Placement of fill is not restricted. (5) Outdoor storage. Outdoor storage,whether temporary or permanent, is not restricted. (6) Driveways and parking areas. Construction of driveways and parking areas is not restricted. (7) Vegetation. Placement of vegetation is not restricted. Sec. 10-142. Change of use in flood fringe of city basin floodplains. No person shall change the use of any structure or property, or any portion thereof, located in the flood fringe of a city basin floodplain so as to result in a use or expansion of a use that is inconsistent with the requirements of this Article. Sec. 10-143. Removal of property from flood fringe of city basin floodplains. Property located in the flood fringe may be removed from the flood fringe upon approval by the General Manager of a final map revision based upon floodplain modeling and technical analysis consistent with floodplain modeling guidelines and standards established or approved by the General Manager demonstrating that the property is no longer located in the flood fringe. Such modeling and analysis shall be required as the basis for a map revision regardless of fill or other physical changes to a property. 99 Sec. 10-144. Waiver of requirements for city basin floodplains. The General Manager may waive any or all of the requirements of this Article otherwise applicable to the issuance of a floodplain permit for a proposed development in a city basin floodplain because of the General Manager's applicable flood hazard designation pursuant to § 10-19(b). The General Manager may waive such requirements and issue a floodplain permit in such event,if he or she is satisfied that there is a sufficient degree of certainty that the property will be removed from the floodway or flood fringe as a result of a city funded capital project to allow a floodplain permit to issue for the proposed development hereunder considering: (1) the nature of the proposed development and related flood risks; and (2) the level of certainty that the capital project will proceed to completion, which shall at a minimum include the prior issuance of a notice to proceed for the capital project, and the expectation that the capital project is progressing and will continue to completion; and (3) a technical analysis consistent with the city's technical standards for such analysis that has been completed by a registered professional engineer and that documents and proves to the satisfaction of the General Manager that the property will be completely removed from the floodway or flood fringe, as applicable, after completion of the capital project. New structures that are constructed pursuant to a waiver under this Section and upon completion of the relevant capital project are determined to not have been removed from the floodway or flood fringe as anticipated at the time of said waiver will be deemed to be nonconforming structures in the floodway or flood fringe, as applicable, and all future activities and development shall be subject to the requirements of this Article as the same would apply to any nonconforming structure. Secs. 10-145 - 10-200. Reserved. DIVISION 7. EROSION BUFFER ZONES Sec. 10-201. Designation of erosion buffer zones. In accordance with §10-19, the erosion buffer zones designated by the General Manager for the Fossil Creek basin,the Boxelder Creek basin,Mail Creek basin and the McClellands Creek basin,as described therein,shall be considered erosion buffer zones and shall be subject to the requirements of this Division, and all other requirements of this Article applicable to erosion buffer zones. Property within an erosion buffer zone that has also been determined to be a floodway, flood fringe or product corridor area and designated as such in accordance with §10-19, shall be 100 subject to the requirements and restrictions of this Article applicable to said property by virtue of said separate designation in addition to the requirements and restrictions set forth in this Division. Sec. 10-202. Specific standards for erosion buffer zones. In addition to complying with all other applicable provisions of this Article, all development in an erosion buffer zone shall comply with the following applicable 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) Development of structures. a. New construction. Construction of any new structure in an erosion buffer zone, including any accessory structure, is prohibited. b. Addition. Addition to a structure, if the addition is in an erosion buffer zone, is prohibited. c. Remodeling and repair. Remodeling and repair of a structure in an erosion buffer zone is allowed. d. Redevelopment. Redevelopment of any structure in an erosion buffer zone is allowed. (2) Non-structural development. a. Fencing. Construction of new fencing is allowed in an erosion buffer zone, but fencing must be constructed as follows: i. The fencing must be designed and installed as post-and-rail or post-and-board fencing with the lowest rails or boards no less than eighteen (18) inches above the adjacent ground surface,and the posts spaced at intervals of no less than thirty (30) inches; ii. The fencing must be designed and installed so as to break away from its base; iii. The fencing must be cabled together and tethered to a fixed location on the property so as to not float downstream; and iv. The fencing must be oriented parallel to the general direction of flood flows. 101 b. Detention Ponds. Construction of new detention ponds or water quality ponds are prohibited in an erosion buffer zone. c. Hard surface paths, trails and walkways. Construction of new hard surface paths,trails and walkways are prohibited in an erosion buffer zone, except as necessary to cross waterways or to provide passage under bridges. If this exception is applicable, the issuance of a floodplain use permit shall be subject to the following requirements: i. The design and construction of any such development shall be planned and carried out so as to minimize to the extent reasonably possible any disturbance to the channel bed and banks; and ii. A stability study to determine possible impacts upon erosion buffer characteristics may be required by the General Manager and, in such event, the General Manager may impose standards for design and construction of the proposed development in order to minimize erosion buffer impacts as a condition of a floodplain use permit. d. Fill. Placement of fill in an erosion buffer zone is prohibited. e. Outdoor storage. Outdoor storage associated with nonresidential uses in an erosion buffer zone, whether temporary or permanent, is prohibited. f. Driveways and parking areas. New driveways and parking areas are prohibited in an erosion buffer zone. g. Vegetation. New irrigated vegetation and nonnative trees grasses or shrubs are prohibited in an erosion buffer zone. New native grasses, shrubs and trees are generally allowed,provided that such vegetation is not in a location or of a quantity or type that is determined by the General Manager to likely result, upon maturity, in a decrease in channel stability. h. Utilities. New utilities are prohibited in erosion buffer zones,except as necessary to cross streams or other waterways. If this exception is applicable,the issuance of a floodplain use permit shall be subject to the following requirements: i. The design and construction of any such development shall be planned and carried out so as to minimize to the extent 102 reasonably possible any disturbance to the channel bed and banks; and ii. A stability study to determine possible impacts upon erosion buffer characteristics may be required by the General Manager and, in such event, the General Manager may impose standards for design and construction of the proposed utility development in order to minimize erosion buffer impacts as a condition of a floodplain use permit. i. Road, bicycle and pedestrian bridges. New road, bicycle and pedestrian bridges in an erosion buffer zone shall be designed and constructed so as to span the entire erosion buffer zone,except to the extent physical constraints preclude such a design. If this exception is applicable, issuance of a floodplain use permit shall be subject to the following requirements: i. The design and construction of any such bridge development shall be planned and carried out so as to minimize to the extent reasonably possible any disturbance to the channel bed and banks; and ii. A stability study to determine possible impacts upon erosion buffer characteristics may be required by the General Manager and, in such event, the General Manager may impose standards for design and construction of the proposed bridge development in order to minimize erosion buffer impacts as a condition of a floodplain use permit. j. Grading or excavation. Grading or excavation is prohibited in an erosion buffer zone, except to the extent required to carry out development in the erosion buffer zone for which a floodplain use permit has been issued pursuant to this Article. k. Construction Traffic. Operation of vehicles and equipment in an erosion control buffer zone is prohibited, except to the extent required to carry out development in the erosion buffer zone for which a floodplain use permit has been issued pursuant to this Article. (3) Change of use. No person shall change the use of any structure or property, or any portion thereof, located in an erosion buffer zone so as to result in a use or expansion of a use that is inconsistent with the requirements of this Article. 103 Sec. 10-203. Erosion buffer zone waivers. (a) Any person or organization may apply for a waiver of the erosion buffer zone requirements of this Division by filing a verified application with the General Manager on a form supplied by the General Manager. Persons desiring to request a waiver pursuant to this Section shall submit a waiver application together with a floodplain use permit application and shall at the time of said application pay the floodplain use permit fee of twenty five dollars($25.)and any additional floodplain analysis fee determined by the General Manager to apply,consistent with§ 10-27(I). The General Manager may require the submission of such additional information as he or she may determine to be reasonably necessary to take action on a waiver application, and no application shall be considered complete until all required information has been submitted. (b) The General Manager shall approve, conditionally approve or deny an application on the grounds set forth in this subsection, and the General Manager's action and the basis for that action shall be stated in a written notice to the applicant, no later than thirty(30)business days after receipt of a fully completed application. The General Manager may deny any application or impose any reasonable permit conditions or requirements upon the approval of the same in order to protect public safety or prevent property damage,or based on the General Manager's determination of the impacts of the proposed development or activity on bed and bank stability, flood hazard impacts that may result,the engineering or other feasibility issues posed in the specific circumstances presented,and the economic hardships that may result from the imposition of the requirements for which a waiver is requested. (c) A decision by the General Manager pursuant to this Section may be appealed to the Water Board within thirty (30) days of issuance by the General Manager. In the event of such appeal,the appeal shall be submitted as an application for a variance, to be considered by the Water Board using the process for and in accordance with the requirements and criteria for variances provided in§ 10-28 and § 10-29. The Water Board may consider, but shall not be bound by,the findings or determinations of the General Manager, or the record for said General Manager decision, in a subsequent variance process. Introduced and considered favorably on first reading and ordered published in summary form this 1 st day of March, A.D. 2005, and to be presented for final passage on the 15th day of March, A.D. 2005. Mayor ATTEST: 104 City Clerk Passed and adopted on final reading this 15th day of March, A.D. 2005. Mayor ATTEST: City Clerk 105