HomeMy WebLinkAbout071 - 06/20/2000 - AMENDING CHAPTER 10 OF THE CITY CODE CONCERNING STANDARDS FOR DEVELOPMENT IN THE POUDRE RIVER FLOODP ORDINANCE NO. 71, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 10 OF THE CITY CODE CONCERNING
STANDARDS FOR DEVELOPMENT IN THE POUDRE RIVER FLOODPLAIN
WHEREAS,in July of 1997,the City of 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, the City initiated a study to review its floodplain regulations as applied to its
stormwater basins, beginning with the Poudre River Floodplain; and
WHEREAS, the Poudre River Floodplain Study was recently completed which delineates
the boundaries of the Poudre River Floodplain; and
WHEREAS, the City also organized an advisory task force to provide input and advice
concerning any needed new floodplain regulations for the City's stormwater basins, including the
Poudre River Floodplain; and
WHEREAS, the City also conducted significant outreach activities with the public and
affected property owners concerning any new floodplain regulations; and
WHEREAS,as a result of the various input received from the task force,as well as from the
public and affected property owners during the outreach, City staff has proposed new floodplain
regulations for the Poudre River Floodplain,which regulations are contained in this Ordinance;and
WHEREAS,these new floodplain regulations are needed for all of the purposes stated in City
Code Section 10-17, including the additional purposes of minimizing pollution and erosion within
the Poudre River Floodplain; and
WHEREAS,contained in this Ordinance are also changes to existing provisions of the City's
floodplain regulations as applied to all of the City's stormwater basins which changes are necessary
to clarify and strengthen such floodplain regulations consistent with the purposes of City Code
Section 10-17; and
WHEREAS, some of these additional changes are also necessary in order to meet minimum
standards imposed upon the City by the Federal Emergency Management Agency under its National
Flood Insurance Program.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 10-16 of the Code of the City of Fort Collins is hereby amended
by amending the existing definitions of "area of shallow flooding," "base flood," "basement,"
"critical facilities, " `floodproofing," `floodway," "lowest floor," "manufactured home,"
"nonresidential structure" and "regulatory flood protection elevation" to read as follows:
Area of shallow flooding shall mean a designated AH or AO zone as shown on
the Flood Insurance Rate Map or as designated as a shallow flooding area by the city
with a one-percent or greater annual chance of flooding to an average depth of one
(1)to three(3) feet 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.
Base flood or one-hundred year flood shall mean the flood having a one-percent
chance of being equaled or exceeded in any given year.
Basement or crawl space shall mean any area of a building having its floor
subgrade (below ground level) on all sides.
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.
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.
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
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Floodplain as designated in § 10-60,floodway 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 increasing the water surface elevation of the base
flood by more than one-tenth (1/10) foot.
Lowest floor shall mean the lowest floor of the lowest enclosed area(including
basement or crawl space). An unfinished or flood resistant enclosure,usable solely
for parking of vehicles, building access or storage, in an area other than a basement
area, is not considered a building's lowest floor,provided that such enclosure is not
built so as to render the structure in violation of the applicable nonelevation design
requirements of this Article.
Manufactured home or mobile home shall mean a 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
does not include recreational vehicles or travel trailers.
Nonresidential structure shall mean any structure or any portion of a structure
that is not, in whole or in part, a residential structure. A nonresidential structure
shall include, without limitation, any structure used, designed, or capable of being
used, in whole or in part,for office,commercial,business,educational,industrial or
governmental occupation.
Regulatory flood protection elevation shall mean an elevation of not less than
eighteen(18)inches above the base flood elevation;provided,however,with respect
to the Poudre River Floodplain as designated in§ 10-60,regulatory flood protection
elevation shall mean an elevation of not less than twenty-four(24)inches above the
base flood elevation.
Section 2. That Section 10-16 of the Code of the City of Fort Collins is hereby amended
by adding the following new definitions to read as follows:
Dryland access shall mean motor vehicle access to structures on and within a
parcel of property located in whole or in part in a 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.
FEMA shall mean the Federal Emergency Management Agency.
Five-hundred year flood shall mean a flood that has a two-tenths (0.2) percent
chance of being equaled or exceeded in any given year.
Five-hundred-year floodplain shall mean the land in a drainageway within a
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community subject to a two-tenths (0.2) percent or greater chance of flooding in a
given year.
Floatable materials shall mean any material on a nonresidential property 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.
Floodway modification shall mean any alteration to the existing channel thalweg,
bed or banks of a floodway or product corridor that would change the delineation of
the floodway or product corridor.
Letter ofmap revision(LOMR)shall mean a letter from FEMA officially revising
the current National Flood Insurance Program Map to show changes to floodplains,
floodways or flood elevations.
Letter of map revision based on fill (LOMR-F) shall mean a letter from FEMA
stating that an existing structure or parcel of land that has been elevated by fill would
not be inundated by the base flood.
Mixed-use structure shall mean any structure that has only nonresidential uses in
areas of the structure at or below the applicable regulatory flood protection elevation,
but has residential uses in areas of the structure above the applicable regulatory flood
protection elevation.
Non-structural use shall mean any use of property which does not: (a) involve a
structure; (b) cause a rise in the base flood elevation; (c) involve the use or storage
of floatable materials; (d) involve the placement of fill; or(e)have the potential for
causing increased erosion of the thalweg, bed or banks of any watercourse. Such
uses could include, without limitation, general farming, mining, pasturing, outdoor
plant nurseries, horticulture, viticulture, forestry, sod farming, and industrial and
commercial uses.
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).
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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.
Recreational facilities shall mean facilities or equipment that are used for private
or public recreational or natural resource purposes that have a relatively low flood
damage potential and do not involve a structure. This includes, without limitation:
bicycle,equestrian or pedestrian trails and paths;gazebos;benches;ball fields;tennis
and basketball courts;interpretive facilities;playground equipment;and golf courses.
Recreational vehicle shall mean a vehicle which is: (1)built on a single chassis;
(2) four hundred (400) square feet or less when measured at the largest horizontal
projection; (3) designed to be self-propelled or permanently towable by a light-duty
truck; and (4) designed primarily for use not as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal use.
Redevelop shall mean to demolish a structure,or portion of the structure, to the
foundation or to the ground surface,and to rebuild the structure,or any portion of the
structure, without increasing the floor area of the structure.
Redevelopment shall mean the process of redeveloping a structure.
Section 3. That Section 10-19(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(b) The Council may adopt additional floodplain studies or reports by reference
and declare them to be part of this Article,provided that any differences in floodplain
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 delineation. A copy of such studies or reports shall be on file in the office
of the City Clerk.
Section 4. That Section 10-23 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 10-23. 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
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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
in addition to the collection of any costs which may be provided unless a specific
penalty is provided for a particular misdemeanor. 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.
Section 5. That Section 10-36 of the Code of the City of Fort Collins is hereby amended
by adding a new paragraph (10) to read as follows:
The duties and responsibilities of the Director,as defined in§10-16,shall include
but are not limited to:
(10) Requiring that the provisions of this Article be applied to any structure
located in an area of the city not mapped as part of FEMA's Flood
Insurance Study referred to in §10-19(a) and not included in any city
designated floodplain as established pursuant to §10-19(b), but in an area
known to the Director to have experienced flooding in the past during a
base flood or to have the potential for flooding during a base flood.
Section 6. That Section 10-37(c)(3) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(c) The following information is also required for a floodplain use permit:
(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 existing structures on the site; location and elevations of
streets, water supplies and sanitary facilities; boundaries of all applicable
floodplains, floodways and product corridors in which the proposed
development is to be located; and cross section locations and base flood
elevation contours; and
Section 7. That Section 10-39 of the Code of the City of Fort Collins is hereby amended
as follows:
Sec. 10-39. Conditions for variances.
(a) Generally,variances may be issued for construction and improvements to
be erected on a lot one-half('/2) acre or less in size contiguous to and surrounded by
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lots with existing structures constructed below the base flood level,provided that all
factors of the variance procedure have been fully considered.
(b) Variances maybe issued for the reconstruction,rehabilitation or restoration
of structures listed individually on the National Register of Historic Places or on the
state's Inventory of Historic Places or designated as a landmark under Chapter 14 of
this Code without regard to the procedures set forth in the remainder of this Section.
(c) If the variance sought under this Section would exempt the applicant's
property from the application of any provision under this Article that is more
restrictive than a comparable provision of the Federal Floodplain Regulations
established in 44 C.F.R. Parts 59-78, such variance shall not be subject to the
required finding of paragraph(h)(2) of this Section.
(d) If the variance sought is for property located in a city-designated floodplain
and not in a FEMA-designated floodplain, such variance shall not be subject to the
required finding of paragraph(h)(2) of this Section.
(e) Variances shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
(f) Variances shall not be issued for development within the product corridor
of the Poudre River Floodplain, as such floodplain is designated in § 10-60.
(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 heights, 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
Chapter, or conflict with existing 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
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the base flood level and that the cost of flood insurance will be commensurate with
the increased risk resulting from the reduced lowest floor elevation.
Section 8. That Section 10-53 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 10-53. Specific standards for floodplains.
In all floodplains where base flood elevation data has been provided as set forth
in this Article, the following standards are required:
(1) If a lot or parcel lies partly within the floodway or flood fringe area, the
part(s)of such lot or parcel lying within such area or areas shall meet all the
standards and requirements of such respective area as prescribed by this
Article;
(2) Residential construction:
a. New construction of any residential structure in an area of special
flood hazard, and any additions to, or substantial improvements of,
such a structure shall have the lowest floor, including basement,
elevated to or above the regulatory flood protection elevation;
b. Require within any AO Zone or areas of shallow flooding that all new
construction, additions to, and substantial improvements of
residential structures have the lowest floor, including basement,
elevated above the highest adjacent grade at least eighteen(18)inches
above the depth number specified in feet on the FIRM (at least two
[2] feet if no depth number is specified);
C. Require within areas of shallow flooding adequate drainage paths
around structures on slopes to guide floodwaters around and away
from proposed structures.
(3) Nonresidential and mixed-use construction:
a. New construction of any nonresidential or mixed-use structure in an
area of special flood hazard, and any additions to, or substantial
improvements of, such a structure shall either have the lowest floor,
including basement, elevated to the level of the regulatory flood
protection elevation or together with attendant utility and sanitary
facilities shall:
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1. Be floodproofed so that below the regulatory flood protection
elevation the structure is watertight with walls substantially
impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
3. Be certified to the Director by a registered professional
engineer or architect that the standards of this subsection are
satisfied.
b. Require within any AO Zone or area of shallow flooding that all new
construction, additions to, and substantial improvements of
nonresidential or mixed-use structures (i) have the lowest floor,
including basement,elevated above the highest adjacent grade at least
eighteen(18) inches above the depth number specified in feet on the
FIRM (at least two [2] feet if no depth is specified), or (ii) together
with attendant utility and sanitary facilities be completely
floodproofed to that level to meet the floodproofing standard
specified in this Article;
c. Require within areas of shallow flooding adequate drainage paths
around nonresidential and mixed-use structures on slopes to guide
floodwaters around and away from proposed structures.
d. The owner of a floodproofed structure shall post and maintain written
notices in conspicuous locations on each floor of the structure in such
form, locations and numbers as are reasonably necessary to inform
the occupants of the structure that the structure is floodproofed, and
to identify the location of any equipment in the structure that requires
human operation in order for the floodproofing to be effective.
(4) Critical facilities.No new critical facilities shall be constructed in the five-
hundred-year floodplain nor shall the existing use of a structure in the five-
hundred-year floodplain be changed to a use that would be considered a
critical facility.
(5) Hazardous materials. No person shall store a hazardous material, as such
material is defined in the Uniform Fire Code adopted in § 9-1 and as
amended in § 9-2, below the regulatory flood protection elevation for the
area of the floodplain in which it is located, except for the storage of
gasoline in existing and replacement underground in existing gasoline
service stations and service garages, which tanks are designed to prevent
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infiltration and discharge into floodwaters and which are adequately
anchored and shielded against rupture.
Section 9. That Section 10-55(4) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Located within the floodplains established in this Article are areas
designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters that carry debris,potential projectiles and
erosion potential, the following provisions shall apply:
(4) No person shall change the use of a nonconforming structure from
a nonresidential use or mixed-use to a residential use nor shall
any person change the use of a nonconforming structure or
conforming structure to use as a critical facility.
Section 10. That Article II of Chapter 10 of the Code of the City of Fort Collins is hereby
amended by adding a new Division 4 to read as follows:
DIVISION 4. POUDRE RIVER FLOODPLAIN
See. 10-60. Designation of Poudre River Floodplain.
In accordance with § 10-19(b), the Poudre River Floodplain Study, a copy of
which is on file with the Office of the City Clerk,is hereby adopted by reference and
declared to be a part of this Article. The boundaries of the floodplain,floodway and
product corridor of the Poudre River Floodplain shall be as delineated in the Study,
except as hereinafter modified. The boundary of the floodplain, floodway and
product corridor, as established in the Poudre River Floodplain Study, may be
modified by the Director if, in his or her judgment, such modification is reasonably
necessary to comply with the purposes of this Article and to adjust such boundaries
as established by the most recent and reliable engineering and scientific studies. Any
such modification approved by the Director shall be filed in the Office of the City
Clerk.
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Sec. 10-61. Specific standards for Poudre River Floodplain.
In addition to complying with all other applicable provisions of this Article, all
development in the Poudre River Floodplain, as such floodplain is designated by §
10-60, shall comply with the following applicable provisions unless removed from
the floodplain in accordance with§ 10-62. 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) Property location. If a lot or parcel lies partly within the floodplain,the part
or parts of such lot or parcel lying within the floodplain shall meet all
applicable standards and requirements of this Article.
(2) Residential construction.
a. New construction. Construction of new residential structures is
prohibited in the floodplain, floodway and product corridor.
b. Additions. Additions to residential structures in the floodplain,
floodway and product corridor are prohibited.
C. Substantial damage. Any residential structure in the floodway or
product corridor that has suffered substantial damage shall not be
reconstructed.
d. Redevelopment. Redevelopment of a residential structure in the
floodway or product corridor is prohibited.
e. Elevation requirements.
1. Any substantial improvement to a residential structure in the
floodplain, floodway or product corridor which is not
otherwise prohibited by this Division 4 shall have the lowest
floor of the structure,including any basement or crawl space,
elevated to or above the regulatory flood protection elevation.
2. Any existing residential structure located in that portion of the
floodplain outside of the floodway and the product corridor
that has suffered substantial damage may be reconstructed,
provided that the lowest floor of the structure, including any
basement or crawl space, is elevated to or above the
regulatory flood protection elevation.
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3. If an existing residential structure located in that portion of
the floodplain outside of the floodway and the product
corridor is redeveloped, the lowest floor of the redeveloped
structure, including any basement or crawl space, shall be
elevated to or above the regulatory flood protection elevation.
(3) Nonresidential and mixed-use construction.
a. New construction.
1. The construction of new nonresidential structures is
prohibited in the floodway and product corridor.
2. The construction of new mixed-use structures is prohibited in
the floodplain, floodway and product corridor.
b. Additions.
I. Additions to nonresidential structures in the floodway and
product corridor are prohibited.
2. Additions to mixed-use structures in the floodway and
product corridor are prohibited. Additions to a mixed-use
structure that result in any expansion of the residential-use
area of the structure are prohibited in those portions of the
floodplain outside the floodway and product corridor.
C. Substantial damages. Any nonresidential or mixed-use structure in
the floodway or product corridor that has suffered substantial damage
shall not be reconstructed.
d. Redevelopment. The redevelopment of a nonresidential or mixed-use
structure in the floodway or product corridor is prohibited.
e. Elevation and floodproofing requirements.
1. In an area of special flood hazard,when construction of a new
nonresidential structure, any addition or substantial
improvement to an existing nonresidential or mixed-use
structure,or the redevelopment of a nonresidential or mixed-
use structure is permitted by this Division 4, the structure
shall either have the lowest floor, including any basement or
crawl space, elevated to the level of the regulatory flood
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protection elevation or,together with any attendant utility and
sanitary facilities, the structure shall:
(i) be floodproofed so that below the regulatory flood
protection elevation the structure is water tight with
walls substantially impermeable to the passage of
water;
(ii) have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
(iii) be certified to the Director by a registered professional
engineer or architect that the standards of this
subparagraph 1. are satisfied.
2. In the event that construction of a new nonresidential
structure or any addition, substantial improvement to, or
redevelopment of an existing nonresidential or mixed-use
structure is permitted by this Division 4 and the structure is
located or is to be located in the AO Zone as shown on the
FIRM,the structure shall have the lowest floor,including any
basement or crawl space,elevated above the highest adjacent
grade at least twenty-four(24)inches above the depth number
specified in feet on the FIRM(at least two[2]feet if no depth
is specified), or together with any attendant utility and
sanitary facility,be completely floodproofed to that level and
meet the following additional floodproofing standards:
(i) be floodproofed so the structure is water tight with
walls substantially impermeable to the passage of
water;
(ii) have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
(iii) be certified to the Director by a registered professional
engineer or architect that the standards of this
subparagraph 2. are satisfied.
3. With respect to any construction of a new nonresidential
structure authorized under this Division 4 and any addition or
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substantial improvement to an existing nonresidential or
mixed-use structure within areas of shallow flooding that is
authorized under this Division 4, adequate drainage paths
around such structures on slopes to guide flood waters around
and away from them shall be required.
4. The owner of a floodproofed structure shall post and maintain
written notices in conspicuous locations on each floor of the
structure in such form, locations and numbers as are
reasonably necessary to inform the occupants of the structure
that the building is floodproofed and to identify the location
of any equipment in the structure that requires human
operation in order for the floodproofing to be effective.
(4) Manufactured homes and recreational vehicles.
a. A manufactured home shall not be placed in the floodplain,floodway
or product corridor. This provision shall not apply to manufactured
homes placed in the floodplain, floodway or product corridor on or
before July 1, 2000.
b. Any recreational vehicle located on residential property in the
floodplain, floodway or product corridor shall be fully licensed and
ready for highway use at all times when located on such property.
(5) Fill. No person shall place any fill in the floodway or product corridor
unless it is related to the development of public infrastructure or publicly-
owned recreational facilities, in which case any fill that is placed for such
permitted development shall not cause a rise in the base flood elevation.
Fill related to mine reclamation shall be permitted in the floodway and the
product corridor so long as it will not cause a rise in the base flood
elevation and so long as all changes in the floodway and product corridor
are on the mining site. Eligibility for a letter of map revision based on fill
from FEMA shall not be considered an exemption from this prohibition.
(6) Floatable materials. No person shall temporarily or permanently store any
floatable material on nonresidential property that is located in the
floodplain, floodway or product corridor; provided, however, that
nonresidential properties in the floodplain, floodway or product corridor
having floatable materials stored on them prior to July 1, 2000, shall be
permitted to continue to have floatable materials stored on them until the
earlier of: July 1, 2002; when there is any change in use of the property;
when a new structure is constructed on the property; or when there is any
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addition to or substantial improvement of any existing structure on the
property. This paragraph (6) shall not, however, apply to operable motor
vehicles parked temporarily on property for the purpose of customer or
employee parking,or to a business's temporary outdoor display of inventory
during its usual hours of operation.
(7) Dryland access. In the event that the construction of a new structure or
addition to or substantial improvement of an existing structure is permitted
under this Division 4, dryland access shall be provided for such structure.
(8) Floodway modifications. Floodway modification is prohibited unless it is
made in connection with the development of public infrastructure or
publicly-owned recreational facilities, or unless it is reasonably necessary
in connection with the use of property for mining;provided,however,that
any such modification for mining shall only occur on the property being
mined, and if any property is removed from the floodway or product
corridor because of such modification for mining,the property so removed
shall not thereafter be used for the construction of any structure upon it.
Sec. 10-62. Removal of property from floodplain.
(a) Subject to the provisions of paragraphs (b) and (c) of this Section and all
applicable provisions ofthis Code and the city's Land Use Code(including,
without limitation,Land Use Code§3.3.3),property located in that portion
of the floodplain outside the floodway and product corridor may be
removed from such floodplain area if one (1) of the following conditions
is satisfied:
(1) FEMA has issued a letter of map revision removing the property from
the floodplain solely as a result of the 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 removing the
property from the 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 floodplain pursuant to paragraph (a) of
this Section remains in the five-hundred year floodplain after such removal,
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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 floodplain in accordance with paragraph
(a)(2) of this Section, any structure built or existing on such property must
have the lowest floor of the structure, including any basement or crawl
space, elevated to or above the regulatory flood protection elevation and,
if the structure is a manufactured home, it shall also comply with all the
requirements of§10-54.
Sec. 10-63. Uses allowed in floodplain, floodway and product corridor.
Non-structural uses, public infrastructure and recreational facilities shall be
allowed in the floodplain, floodway and product corridor, provided that such uses
comply with all applicable provisions of this Article and provided that such uses are
otherwise permitted by the city's applicable zoning and land-use laws and
regulations. Redevelopment and substantial improvement of existing residential
structures shall be permitted in those portions of the floodplain outside the floodway
and product corridor, provided that such structures are otherwise permitted by this
Article and the city's applicable zoning and land-use laws and regulations. New
nonresidential structures and additions, substantial improvements to, and
redevelopment of,existing nonresidential and mixed-use structures shall be permitted
in those portions of the floodplain outside the floodway and product corridor,
provided that such structures are otherwise permitted by this Article and the city's
applicable zoning and land-use laws and regulations. The rehabilitation of
residential,nonresidential and mixed-use structures existing as of July 1,2000,in the
floodplain, floodway and product corridor shall be permitted, provided that all the
substantial improvement requirements of this Article are satisfied and provided that
the regulatory flood protection elevation mandated by such substantial improvement
requirements shall be not less than twenty-four (24) inches above the base flood
elevation.
Sec. 10-64. Takings determination.
Persons who claim that their property has been taken by reason of the application
of any provision of this Division 4 shall follow the takings determination provisions
of Division 2.13 of the city's Land Use Code before instituting any judicial
proceeding against the city claiming a taking of their affected property.
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Introduced and considered favorably on first reading and ordered published in summary form
this 6th day of June, A.D. 2000, and to be presented for final passage on the 20th day of June,A.D.
2000. 6"
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of June, A.D. 2000.
Mayor
ATTEST:
City Clerk "
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