HomeMy WebLinkAbout037 - 03/15/2005 - REPEALING AND REENACTING ARTICLE II OF CHAPTER 10 OF THE CITY CODE REGARDING FLOOD HAZARD AREAS 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,Ordinance No. 121,2001,also excluded 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
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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 II of Chapter 10 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 t0 of the Code of the City should be
repealed and reenacted as set forth herein.
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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 11. 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 zone A)shall mean an area inundated by the one-hundred-year flood,
as shown on the FEMA Flood Insurance Rate Map. Base flood elevations are not
determined in an A zone.
AI—A30 and AE zone(or zones AI-A30 and AE)shall mean areas inundated by
the one-hundred-year flood, as shown on the FEMA Flood Insurance Rate Map.
Base flood elevations are determined for these zones.
Accessory structure shall mean a structure that is located on the same parcel of
property as the principal structure and is used solely for parking and/or storage.
Addition shall mean any alteration to a structure which results in any increase in
the structure's footprint.
AHzone(or zone AH) shall mean an area of one-hundred-year shallow flooding
as shown on the FEMA Flood Insurance Rate Map where depths are between one(1)
and three (3) feet (usually shallow ponding). Base flood elevations are determined
for this zone.
AO zone(or zone AO) shall mean an area of one-hundred-year shallow flooding
as shown on the FEMA Flood Insurance Rate Map where depths are between one(1)
and three (3) feet (usually sheet flow on sloping terrain). Average flood depths are
determined for this zone.
Appeal shall mean a request for a review of an interpretation of any provision of
this Article made by the General Manager.
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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
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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
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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 nonflood resistant material, for
example) or that is used for any purpose other than solely for parking of vehicles,
building access or storage.
Five-hundred-yearflood 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.
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Floodfringe 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.
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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.
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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.
Lowestfloor 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.
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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 structure or property
for any use other than as a temporary or permanent domicile of persons.
Nonstructural development shall mean any use of property that does not involve
a structure. Nonstructural development may include, but is not limited to, the
construction or installation of or use of a property for parking lots,utilities,detention
ponds, fences, trails, pathways, outdoor storage, cultivation of vegetation or
placement of fill.
Obstruction shall mean any physical barrier, structure, material or impediment
in, along, across or projecting into a watercourse that may alter, impede, retard or
change the direction or velocity of the flow of water,or that may,due to its location,
have a propensity to snare or collect debris carried by the flow of water or to be
carried downstream. Obstruction shall include,but not be limited to,any dam,wall,
wharf, embankment, levee, dike, pile, abutment, protection, excavation,
channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse,
fill, structure, and vegetation in, along, across or projecting into a watercourse.
One-hundred-year floodplain shall mean the land in a drainway within a
community subject to a one(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.
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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 orpedestrian trails andpaths;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.
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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 ofbeing 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.
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Shallow flooding area shall mean either:(1)a designated AH or AO zone shown
on the Flood Insurance Rate Map;or(2)designated as a shallow flooding area by the
city in a one-hundred-year floodplain having an average depth of from one (1) to
three (3) feet, inclusive, where a clearly defined channel does not exist, where the
path of flooding is unpredictable and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
Sheet flow area shall mean a portion of the one-hundred-year floodplain that is
characterized by undefined flow paths. Sheet flow areas with flood depths of less
than one (1) foot shall not be considered part of the flood fringe. Sheet flow areas
with flood depths between one (1) and three (3) feet, inclusive, shall be considered
part of the flood fringe.
Start 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 offloatable 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
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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
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(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.
See. 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 terns 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;
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(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.
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Sec. 10-27. Floodplain use permit.
(a) A floodplain use permit shall be obtained from the General Manager
before any construction or development begins within any floodway, flood fringe,
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
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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 floodprotection orprevention
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;
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(8) The safety of access to the property in times of flood for ordinary and
emergency vehicles; and
(9) The expected flood elevation,velocity,duration,rate of rise and sediment
transport of the floodwaters and the effects of wave action,if applicable,
expected at the site.
(f) Upon consideration of the factors of this Section and the purposes of this
Article,the Water Board may attach such conditions to the granting of a variance as
it deems necessary to further the purposes of this Article, and shall incorporate by
reference the requirements of this Article that shall apply to the development or
activities for which a variance has been granted.
(g) The General Manager shall maintain the records of all appeal actions,
including technical information, and report any variances to the Federal Insurance
Administration upon request.
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.
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(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.
See. 10-30. Takings determinations.
Any person who claims that his or her property has been taken by reason of the
application of any provision of this Article may apply to the General Manager for a
Takings Determination using the procedural and substantive requirements and
criteria set forth in Division 2.13 of the city's Land Use Code,provided that for the
purpose of this Section,any reference therein to the Director of Community Planning
and Environmental Services shall be deemed to constitute a reference to the General
Manager and any reference to the Land Use Code therein shall be deemed to
constitute a reference to this Article. Said Takings Determination Procedures shall
be exhausted before the institution of any judicial proceeding against the city
claiming a taking of affected property.
Sees. 10-31 - 10.35. Reserved.
DIVISION 3. GENERAL STANDARDS FOR FLOOD HAZARD ANALYSIS
AND REDUCTION
Sec. 10-36. General provisions for flood hazard reduction.
(a) In all flood hazard areas,the following requirements must be met by any
development:
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 offlood 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
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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 of the
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 abasement 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.
See. 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":
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(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;
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(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 of the 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;
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(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.
See. 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.
Sec.10-41. Specific standards for mobile buildings and manufactured homes.
Any mobile building or manufactured home, where permitted, that is placed,
relocated, redeveloped or substantially improved after the effective date of this
Section,and any addition to a mobile building or manufactured home,shall meet the
following requirements:
(1) The mobile building or manufactured home must meet the requirements
of§ 10-37, including, but not limited to, the requirement to be elevated
so that the lowest floor is at or above the regulatory flood protection
elevation. For a mobile building or manufactured home elevated on
pilings:
a. the lot on which said structure is located must be large enough to
permit steps;
b. the foundation pilings must be placed in stable soil no more than ten
(10) feet apart; and
c. reinforcement must be provided for any pilings more than six(6)feet
above the ground level.
(2) The mobile building or manufactured home must be securely anchored
on a permanent foundation to resist flotation, collapse or lateral
movement and shall be capable of resisting the hydrostatic and
hydrodynamic flood forces calculated to occur in a one-hundred-year
flood. Methods of anchoring may include, but are not limited to, use of
over-the-top or frame ties to ground anchors, and must comply with the
following requirements:
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a. Over-the-top ties must be provided at each of the four(4) comers 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.
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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 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 a nonconforming structure in any flood
fringe from a nonresidential structure to either a residential structure or
a mixed use structure with residential use below the regulatory flood
protection elevation, or to increase the residential use area of a mixed
use structure below the regulatory flood protection elevation.
(6) No person shall change the use of a nonconforming structure or existing
structure that is not a critical facility to use as a critical facility contrary
to the provisions of this Article or change the use of a critical facility to
another type of critical facility, or increase the physical area in use for a
nonconforming critical facility,contrary to the provisions of this Article.
(7) A nonconforming structure may not be relocated, except that a
nonconforming critical facility may be relocated within the same parcel
of land without losing its legal nonconforming status.
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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.
Sec. 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.
f. 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. A new attached garage shall be considered an addition
and shall therefore be subject to the restrictions and requirements
applicable to additions.
(7) Accessory structures.
a. 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
ofpublic infrastructure or publicly 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 of materials 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 a new accessory structure or addition to an accessory
structure is allowed, provided that the accessory structure complies
with all applicable requirements, including but not limited to the
requirements of§ 10-37.
b. Remodeling and repair of an accessory structure, including
reconstruction of an accessory structure that has been substantially
damaged, is allowed, provided that after completion of any
cumulative substantial improvement all applicable requirements,
including but not limited to the requirements of§10-37, are met.
c. Redevelopment of an accessory structure is allowed,provided that all
applicable requirements,including but not limited to the requirements
of§ 10-37, are met.
d. For an accessory structure, compliance with the requirements of§
10-38 or the requirements of § 10-39 may be substituted for
compliance with the applicable requirements of§ 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 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.
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 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 offloatable 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.
See. 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 of this 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 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.
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.
£ 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 anew 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 of this 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 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 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
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.
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(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.
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(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 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.
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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:
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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 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 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.
See. 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 ofFEMA'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 ofthe 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 ofthis Article as the same would apply to any nonconforming structure.
Secs. 10-115 - 10-130. Reserved.
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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 other provision of this 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.
See. 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 otherprovision 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 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 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.
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(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 of this 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.
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Sec. 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 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 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.
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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
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requirements, including but not limited to the requirements of§ 10-
37, are met.
b. For remodeling or repair of 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:
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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).
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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.
Sec.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.
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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
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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.
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(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 .
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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:
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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.
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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.
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(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.
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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.
See. 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.
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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 ofthis 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
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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.
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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
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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.
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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.
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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:
City Clerk
Passed and adopted on final reading this 15th day of March .D. 2005.
Mayor
ATTEST:
City Clerk
105