HomeMy WebLinkAbout070 - 07/10/2019 - REPEALING AND REENACTING CHAPTER 52 OF THE CITY CODE RELATING TO FLOOD HAZARD AREAS ORDINANCE NO 70 , 1979
BEING AN ORDINANCE REPEALING AND REENACTING
CHAPTER 52 OF THE CODE OF THE CITY OF
FORT COLLINS RELATING TO FLOOD HAZARD AREAS
AND PROVIDING FOR PENALTIES FOR VIOLATIONS OF THIS ORDINANCE
WHEREAS, the legislature of the State of Colorado has delegated
the responsibility to local government units to adopt requlations designed
to promote public health, safety, and general welfare of its citizenry
throuqh the regulation of flood hazard areas in Section 31-23-301 (1 )
C R S , 1973, and
WHEREAS, the flood hazard areas of the City of Fort Collins are
subject to periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and governmental ser-
vices, extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the public
health, safety, and general welfare, and
WHEREAS, these flood losses are caused by the cumulative effect of
obstructions in flood hazard areas which increase flood heights and velo-
cities, and when inadequately anchored, damage uses in other areas Uses
that are inadequately flood proof, elevated, or otherwise protected from
flood damage also contribute to the flood loss
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That Chapter 52 of the Code of the City of Fort Collins
be, and the same hereby is, repealed and the same is re-enacted to read as
follows
§52-1 Purpose
A It is the purpose of this chapter to
promote public health, safety, and general
welfare and to minimize public and private
losses due to flood conditions in specific
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 facili-
tMes ano 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 Insure that potential buyers
are notified that property is in
a floodplain
8 Insure that those who occupy the
floodplain assume the responsi-
bility for their actions
9 Protect the natural areas required
to convey flood flows and retain
slow flow characteristics
B In order to accomplish its purposes, this
chapter 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 heights or
velocities
2 Requiring that uses vulnerable to
floods, including facilities which
serve such uses, be protected
against flood damage at the time
of initial construction
3 Controlling the alteration of
natural floodplains , stream
channels, and natural protective
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barriers which help accommodate or
channel flood waters
4 Controlling filling, grading,
dredging, and other development
which may increase flood damage
5 Preventing or regulating the
construction of flood barriers
which will unnaturally divert
flood waters or which may increase
flood hazards in other areas -
C In the interpretation and application of
this chapter, all provisions shall be
1 Considered as minimum require-
ments
2 Liberally constructed in favor of
the governing body
3 Deemed neither to limit nor repeal
any other powers granted under
state statutes
§52-2 Definitions
For the purposes of this chapter, the following
words or phrases shall have the meanings and be
defined as herein set forth
APPEAL - A request for a review of an interpre-
tation of any provision of this chapter
made by the Director of Public Works
BASE FLOOD - The flood having a one percent
(1%) chance of being equalled or exceeded
in any given year
DEVELOPMENT - Any dam, wall, wharf, embankment,
levy, dike, pile, abutment, projection,
excavation, channel rectification, bridge,
conduit, culvert, building, wire, fence,
rock, gravel , refuse, fill, structure, or
matter in, along, across, or projecting
into a drainway, channel , or watercourse
DRAINWAY OR DRAINAGEWAY - A natural or artifi-
cial land surface depression with or
without perceptibly defined beds and banks
to which surface run-off gravitates and
collectively forms a flow of water contin-
uously or intermittently in a definite
direction
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EXISTING MOBILE HOME PARK OR MOBILE HOME
SUBDIVISION - A parcel (or contiguous
parcels) of land divided into two (2) or
more mobile home lots for rent or sale for
which the construction of facilities for
servicing the lot on which the mobile home
is to be affixed (including, at a minimum,
the installation of utilities, either final
site grading or the pouring of concrete
pads, and the construction of streets) is
completed before the effective date of this
chapter
EXPANSION TO AN EXISTING MOBILE HOME PARK OR
MOBILE HOME SUBDIVISION - The preparation
of additional sites by the construction of
facilities for servicing the lots on which
mobile homes are to be affixed (including
the installation of utilities, either final
site grading or pourinq of concrete or the
construction of streets)
FILL - A deposit of materials of any kind
placed by artificial means
FLOOD OR FLOODING - A general and temporary
condition of partial or complete inundation
of normally dry land areas caused by
1 The overflow of inland waters
and/or
2 The unusual and rapid accumulation
or runoff of surface waters from
any source
FLOOD FRINGE - That portion of the floodplain
between the floodway district boundary and
the upper limits of the base flood The
flood fringe is the low hazard portion of a
drainway channel or watercourse outside the
f 1 oodway portion
FLOOD INSURANCE RATE MAP (FIRM) - The official
map on which the Federal Insurance Admini-
stration has delineated both the flood-
plains and risk premium zones applicable to
the community
FLOOD INSURANCE STUDY - The official report
in which the Federal Insurance Admini-
stration has provided flood profiles
as well as the Flood Boundary-Floodway Map
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and water surface elevation of the base
flood
FLOODPLAIN - The land in a drainway within a
community subject to a one percent (3) or
greater chance of flooding in a given
year
FLOODPROOFING - A combination of structural
provisions, changes, or adjustments to
properties and structures subject to
flooding, primarily for the reduction or
elimination of flood damage to properties,
water and sanitary facilities, structures
and contents of buildings in a floodplain
area
FLOODWAY - The channel of a river or other
water course in the adjacent land areas
that must be reserved in order to discharge
the base flood without cumulatively in-
creasing the water surface more than
5 feet
HABITABLE FLOOR - Any floor usable for living
purposes which includes working, sleeping,
eating, cooking, recreation, or a combina-
tion thereof A floor used only for
storage purposes is not a ' habitable
floor '
MOBILE HOME - A structure that is transportable
in one ( 1 ) or more sections, built on a
permanent chassis, and designed to be used
with or without permanent foundation when
connected to the required utilities It
does not include recreational vehicles or
travel trailers
NEW CONSTRUCTION - Those structures for which
the "start of construction" commenced
on or after the effective date of this
chapter
NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVI-
SION - A parcel (or contiguous parcels) of
land divided into two (2) or more mobile
home lots for rent or sale for which the
construction of facilities for servicing
the lots ( including, at a minimum, the
installation of utilities, either final
site grading or the pouring of concrete
pads, and the construction of streets) is
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completed on or after the effective date of
this chapter
REGULATORY FLOOD PROTECTION ELEVATION - An
elevation of not less than one ( 1 ) foot
above the base flood elevation as calcu-
lated with the floodway
START OF CONSTRUCTION - The first placement of
permanent construction of a structure
(other than a mobile home) on a site, such
as the pouring of slabs or footings or any
work beyond the stage of excavation
Permanent construction does not include
land preparation such as clearing, grad-
ing, and filling, nor does it include the
installation of streets and/or walkways,
nor does it include the excavation of a
basement, footings, piers, or foundations
or erections of temporary forms, nor does
it include the installation on the property
of accessory buildings such as garages or
sheds not occupied as dwelling units or not
as part of the main structure For a
structure (other than a mobile home)
without a basement or poured footing, the
"start of construction" includes the first
permanent framing or assembly of the
structure or any part thereof on its piling
or foundation For mobile homes not within
a mobile home park or mobile home subdivi-
sion, "start of construction" means the
affixing of the mobile home to its per-
manent site For mobile homes within
mobile home parks or mobile home subdivi-
sions, "start of construction" is the date
on which the construction of facilities for
servicing the site on which the mobile home
is to be affixed (including at a minimum
the construction of streets, either final
site grading or pouring of concrete pads,
and installation of utilities) is com-
pleted
STRUCTURE - A walled and roofed building, a
mobile home, or a gas or liquid storage
tank that is principally above ground
§52-3 Floodplain Designation
A Adoption of floodplain studies The Flood
Insurance Study, including any amendments
thereto, for the City of Fort Collins,
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Colorado, dated January, 1979, completed by
the Federal Insurance Administration for
the purpose of identifying floodplain areas
with accompanying Flood Insurance Rate Maps
and Flood Bound ary-F I oodway Maps is hereby
adopted by reference and declared to be a
part of this chapter The Flood Insurance
Study is on file in the office of the City
Clerk of the City of Fort Collins Fur-
thermore, the City of Fort Collins may
adopt additional floodplain studies or
reports by reference and declare the same
to be part of this chapter, provided that
any differences in floodplain delineation
between such additional studies or reports
and the Flood Insurance Rate Maps shall be
resolved by applying those provisions which
result in a broader floodplain delinea-
tion A copy of such studies or reports
shall be on file in the office of the City
Clerk of the City of Fort Collins
B Lands to Which This Chapter Applies This
chapter shall apply to all floodplains
within the jurisdiction of the City of Fort
Collins
C Uses Within Floodplain Boundaries In
addition to any restrictions placed upon
any lands within the city by virtue of the
Zoning Ordinance of the city, all lands
within the floodplains defined by this
chapter shall conform to and meet all the
requirements for such districts as herein-
afLer set forth
D Warning and Disclaimer of Liability The
degree of flood protection required by this
chapter 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 occa-
sions, or flood heights may be increased by
man-made or natural causes such as ice jams
and bridge openings restricted by debris
This chapter does not imply that areas
outside of floodplains or land uses permit-
ted within such areas will be free from
flooding or flood damages This chapter
shall not create liability on the part
of the City of Fort Collins or any officer
or employee thereof for any flood damages
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that result from reliance on this chapter
or any administrative decision lawfully
made thereunder
§52-4 Floodplain Regulation
A Floodplain Use Permit A floodplain use
permit shall be obtained before construc-
tion or development begins within any
floodplain established in this chapter
Application for a floodplain use permit
shall be made on forms furnished by the
Director of Public Works and may include,
but not be limited to, plans in duplicate
drawn to scale showing the nature, loca-
tion, dimensions, and elevations of the
areas in question, existing or proposed
structures, fill , storage of materials,
drainage facilities, and the location of
the foregoing
Specifically, the following information is
required
1 Elevation in relation to mean sea
level of the lowest floor, includ-
ing basement, 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 the flood proofing methods
for any non-residential structure
meet the flood proofing criteria
in this chapter
4 Description of the extent to which
any water course will be altered
or relocated as a result of
proposed development
B Designation of the Director of Public Works
as the Administrator of this chapter The
Director of Public Works is hereby ap-
pointed to administer and implement this
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chapter by granting or denying a floodplain
use permit application in accordance with
its provisions
C Duties and Responsibilities of the Director
of Public Works Duties of the Director of
Public Works shall include, but not be
limited to
1 Reviewing all floodplain use
permits to determine that the
permit requirements of this
chapter have been satisfied
2 Obtaining evidence prior to the
issuance of a floodplain use
permit that all necessary permits
have been obtained from those
federal , state, or local govern-
ment 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 govern-
ment agency permits of approval
3 Reviewing all floodplain use
permits to determine if the
proposed development is located in
the f l oodway and if located in
the floodway, assuring that the
encroachment provisions of this
chapter are met
4 Obtaining and recording the actual
elevation ( in relation to mean sea
level ) of the lowest habitable
floor, including basements, of all
new or improved structures and
%hether or not the structure
contains a basement
5 For all new or improved flood
proofed structures
a Verifying and recording
the actual elevation in
relation to mean sea
level, and
b Maintaining the flood
proofing certifications
required in Section
52-4(A) (3)
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7 Maintaining for public inspection
all records pertaining to the
provisions of this chapter
8 Notifying adjacent communities and
the Colorado Water Conservation
Board prior to any alteration or
relocation of a watercourse and
submitting evidence of such
notification to the Federal
Insurance Administration
9 Requiring that maintenance is
provided within the altered or
relocated portion of said water
course so that the flood-carrying
capacity is not diminished
10 Making interpretations, where
needed, as to the exact location
of the boundaries of floodplains
(for example, where there appears
to be a conflict between the map
boundary and actual field condi-
tions) The person contesting the
location of such boundary shall be
given a reasonable opportunity to
appeal the intepretation as
provided by the variance proce-
dure in this chapter
§52-5 Variance Procedure
A Appeal Board
1 The Storm Drainage Board , as
established by the City of Fort
Collins, shall hear and decide
appeals and requests for variances
from the requirements of this
chapter Any final decision of
the Storm Drainage Board may be
subject to review by the City
Council as provided in Section
93-5(D)
2 The Storm Drainage Board shall
hear and decide appeals when it is
alleged that there is an error in
any requirement, decision, or
determination made by the Director
of Public Works in the enforcement
or administration of this chapter
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3 In passing upon such applications,
the Storm Drainage Board shall
consider all technical evalua-
tions , all relevant factors ,
and standards specified in other
sections of this chapter, and
a The danger that materials
may be swept onto other
lands to the injury of
others
b The danger to life and
property due to flooding
or erosion damage
c The susceptibility of the
proposed facility and its
contents to flood damage
and the effect of such
damage on the individual
owner
d The importance of the
service provided by the
proposed facility to the
community
e The availability of
alternate locations for
the proposed use which
are not subject to flood
or erosion damage
f The compatibility of the
proposed use with exist-
ing and anticipated
development
g The relationship of the
proposed use to the
comprehensive plan and
floodplain management
program of that area
h The safety of access to
the property in times of
flood for ordinary and
emergency v e h 1 c I e s
i The expected heights ,
velocity, duration, rate
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of rise, and sediment
transport of the flood
waters in the effects of
wave action, if applic-
able , expected at the
site
4 Upon consideration of the factors
of this section and the purposes
of this chapter , the Storm
Drainage Board may attach such
conditions to the granting of
variances as it deems necessary to
further the purposes of this
chapter
5 The Director of Public Works shall
maintain the records of all appeal
actions , including technical
information , and report any
variances to the Federal Insurance
Administration upon request
B Conditions for Variances
Generally, variances may be issued for
construction and improvements to be erected
on a lot one-half ( 112) acre or less in
size contiguous to and surrounded by lots
with existing structures constructed below
the base flood level , provided that all
factors of the variance procedure have been
fully considered
1 Variances may be issued for the
reconstruction, rehabilitation, or
restoration of structures listed
on the National Register Historic
Places or the State Inventory of
Historic Places without regard to
the procedures set forth in the
remainder of this section
2 Variances shall not be issued
within any designated floodway
if any increase in flood levels
during the base flood discharge
would result
3 Variances shall only be issued
upon the determination that the
variance is the minimum necessary,
considering the flood hazard, to
afford relief
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4 Variances shall only be issued
upon
a The showing of good and
sufficient cause,
b A determination that
failure to grant the
variance would result in
exceptional hardship to
the applicant , and
c A determination that the
granting of the variance
would not result in
increased flood heights,
additional threats to
public safety, extraor-
dinary public expense,
nuisances, cause fraud on
or victimization of the
public as identified in
this chapter, or conflict
with existing local laws
or ordinances
5 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 level and that the cost
of flood insurance will be commen-
surate with the increased risk
resulting from the reduced lowest
floor elevation
§52-6 Provisions for Flood Hazard Peduction
A General Standards
In all floodplains, the following standards
are required
1 All construction and improvements
shall be anchored to prevent
flotation, collapse, or lateral
movement of the structure
2 All mobile homes shall be anchored
to resist flotation, collapse, or
lateral movement by providing
over-the-top and frame ties to
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ground anchors Special require-
ments shall be that
a Over-the-top ties be
provided at each of the
four (4) corners of the
mobile home with two (2)
additional ties per side
at intermediate loca-
tions, with mobile homes
more than fifty (50) feet
long requiring one ( 1 )
additional tie per
side,
b Frame ties be provided at
each corner of the home
with five (5) additional
ties per side at interme-
diate points with mobile
homes more than fifty
(50) feet long requiring
four (4) additional ties
per side,
c All components of the
anchoring system be
capable of carrying a
force of four thousand
eight hundred (4 ,800)
pounds, and
d Any additions to the
mobile home be similarly
anchored
3 All construction and improvements
shall be constructed with mater-
ials and utility equipment resis-
tant to flood damage
4 All construction and improvements
shall be constructed using methods
and practices that minimize flood
damage
5 All new and replacement water
supply systems shall be designed
to minimize or eliminate infil-
tratnon of flood waters into the
system
6 New and replacement sanitary
sewage systems shall be designed
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to minimize or eliminate infil-
tration of flood waters into the
system and discharge from the
systems into flood waters
7 On-site waste disposal systems
shall be located to avoid impair-
ment to them or contamination from
them during flooding
B General Standards Applicable to Subdivision
Proposals
In all floodplains, the following standards
are required
1 All subdivision proposals shall be
consistent with the need to
minimize flood damage
2 All subdivision proposals shall
have public utilities and facili-
ties such as sewer, gas, electri-
cal , and water systems located and
constructed to minimize flood
damage
3 All subdivision proposals shall
have adequate drainage provided to
reduce exposure to flood damage
4 Base flood elevation data shall be
provided for subdivision proposals
and other proposed development
which contain at least fifty (50)
lots or five (5) acres, which-
ever is less
C Specific Standards for Floodplains
In all floodplains where base flood eleva-
tion data has been provided as set forth in
this chapter, the following standards are
required
1 Construction or improvement of
any residential structure shall
have the lowest floor, including
basement, elevated to or above
the regulatory flood protection
elevation
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2 Construction or improvement of any
commercial , industrial , or other
nonresidential structure shall
either have the lowest floor,
including basement, elevated to
the level of the regulatory flood
protection elevation, or together
with attendant utility and sani-
tary facilities, shall
a Be floodproofed so that
below the regulatory
flood protection eleva-
tion the structure is
watertight with walls
substantially imperme-
able to the passage of
water,
b Have structural compo-
nents capable of resist-
ing hydrostatic and
hydrodynamic loads and
effects of bouyancy,
and
c Be certified to the
Director of Public Works
by a registered profes-
sional engineer or
architect that the
standards of this sub-
section are satisfied
3 Mobile homes shall only be allowed
when constructed in accordance
with the following conditions
a Mobile homes shall be
anchored in accordance
with Section 52-6(a)(2),
b For new mobile home parks
and mobile home subdivi-
sions, for expansions to
existing mobile home
parks and mobile home
subdivisions, and for
mobile homes not placed
to a mobile home park or
mobile home subdivision,
the following require-
ments shall apply
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Stands or lots
are elevated
on compacted
fill or on pilings
so that the lowest
f 1 o o r of the
mobile home
will be at or
above the regula-
tory flood protec-
tion elevation ,
ii Adequate sur -
face drainage
and access for
a hauler are pro-
vided, and
ill In the instance of
elevation on
pilings , that
lots are large
enough to permit
steps , piling
foundations are
placed in stable
soil no more than
ten ( 10 ) feet
apart, and rein-
forcement is
provided for
pilings more than
six (6) feet above
the ground level
c No mobile home shall be
placed in a floodway
except in an existing
mobile home park or
existing mobile home
subdivision
D Floodways
Located within floodplains established in
this chapter are areas designated as
floodways Since the floodway is an
extremely hazardous area due to the velo-
city of flood waters that carry debris,
potential projectiles, and erosion poten-
tial , the following provisions shall
apply
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a
1 No encroachments including
fill , construction, improvements,
and other development shall be
permitted unless a technical
evaluation demonstrates that
encroachments shall not result in
any increase in flood levels
during the occurrence of the base
flood discharge
2 If such a technical evaluation
demonstrates that encroachments
shall not result in the increase
of the flood levels, all con-
struction and improvements shall
comply with all applicable flood
hazard reduction provisions of
this chapter
3 No placement of mobile homes
except in an existing mobile home
subdivision shall be permitted
§52-7 Nonconforming Structures
A structure which existed and was lawful before the
passage of this chapter, but which is not in con-
formity with the requirements of this chapter, may
be continued notwithstanding the provisions of this
chapter, subject to the following conditions
A If a nonconforming structure is abandoned
for twelve ( 12 ) consecutive months, the
structure shall conform to the requirements
of this chapter prior to any future use
Intent to resume active operations shall
not affect the foregoing
B If any nonconforming structure is destroyed
by any means, including floods, to an
extent of fifty percent (50%) of its market
value, such structure shall not be recon-
structed, except in conformity with the
provisions of this chapter
C Any alteration, addition, or repair of the
structural part of a nonconforming struc-
ture involving a cost in excess of fifty `
percent (50%) of the market value of such
structure shall be made only in conformity
with the provisions of this chapter ,
provided that alterations, additions, or
repairs made solely to assure safe living
conditions in a dwellinq may be made
without regard to this limitation
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§52-8 Penalties for Noncompliance
No structure or land shall hereafter be constructed,
located, extended, converted, or altered without
full compliance with the terms of this chapter and
other applicable regulations Violations of the
provisions of this chapter 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 chapter or falls to
comply with any of its requirements shall be guilty
of a misdemeanor and upon conviction shall be
punished by a fine not exceeding three hundred
dollars ($300) or by imprisonment not exceeding
ninety (90) days, or both, for each violation in
addition to the collection of any costs which may
be provided for, unless a specific penalty is
provided for a particular misdemeanor Each day
that any violation of the provisions of this chapter
occurs shall constitute a separate offense Nothing
herein contained shall prevent the City of Fort
Collins from taking such other lawful action as is
necessary to prevent or remedy any violation
Introduced, considered favorably on first reading, and ordered pub-
lished this 5th day of June, A D 1979, and to be presented for final
passage on the ip'� day of July , A D 1979
AT EST
i
City Clerk
Passed and adopted on final reading this day of July , A D 1979
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ATTEST
C i t e r
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