HomeMy WebLinkAbout040 - 08/05/1975 - PROVIDING FLOOD HAZARD AREA REGULATIONS t
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ORDINANCr NO 40 1975
BEING AN OhDINANCE PROVIDING rLOOD
HAZtRD AREA REGULATIONS
Section 1 Statement of Purpose
It is the purpose of this ordinance to promote public health,
safety and general welfare and to minimize flood losses by provi-
sions designed to
A Protect human life and health
B Minimize public and private property damage
C Lessen public expenditures for flood relief and
flood control projects
D Control flood plain uses which acting alone or
in combination with other uses will cause damaging flood heights
and velocities or obstruct flows
E Control development which will, when acting alone
or in combination with similar development cause flood losses
if public streets , sewer, water and other utilities must be
extended below the flood level to serve the development
F Protect the natural areas required to convey flood
flows and retain slow flow characteristics
This ordinance is a remedial ordinance and its provisions
shall be liberally construed to effectuate the foregoing purposes
Section 2 Definitions
For the purposes of this ordinance the following words or
phrases shall have the meanings and be defined as hereinafter
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set forth
A CHANNEL A natural or artificial water course
or drainway with perceptibly defined beds and banks to confine
and conduct continuously or periodically, a flow of water
B CHANNEL FLOW That water which is flowing within
the limits of a defined channel
C DRAINWAY or DRAINAGEWAY A natural or artificial
land surface depression with or without perceptibly defined beds
and banks to which surface run-off gravitates and collectively
forms a flow of water continuously or intermittently in a
definite direction
D FILL A deposit of materials of any kind placed
by artificial means
E FLOOD FRINGE That portion of the flood plain
between the floodway district boundary and the upper limits
of the intermediate regional flood The flood fringe is the
low hazard portion of a drainway channel or water course outside
of the floodway portion
F FLOODWAY The unobstructed portion of the flood
plain consisting of the stream channel and overbank areas capable
of conveying the flood discharge and keeping it within designated
heights and velocities The floodway is the high hazard portion
of a drainway channel or water course which is reasonably
required to carry and discharge the intermediate regional flood
G FLOOD Temporary rise of water in a natural drainway
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or water course which results in inundation of adjoining lands
not ordinarily covered by water
H FLOOD PROFILE A graph or longitudinal profile
showing the relationship of the water surface elevation of a
flood event to location along a stream or river
I FLOODPROOFING A combination of structural provi-
sions changes or adjustments to properties and structures subject
to flooding primarily for the reduction or elimination of flood
damages to properties water and sanitary facilities structures
and contents of buildings in a flood hazard area
J INTERMEDIATE REGIONAL FLOOD A flood flow the
magnitude of which is expected to occur on the average of a
100-year frequency or has a 17 chafce of being equally or
exceeded during any one year
K OBSTRUCTION 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 water course
which may impede retard or change the direction of the flow
of water either in itself or by catching or collecting debris
carried by such water or that is placed where the flow of water
might carry the same downstream to the damage of life and property
L OFFICIAL FLOOD PLAIN MAP The map adopted by this
ordinance which indicates flood hazard areas within the City
of Fort Collins and as amended
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M REGULATORY FLOOD PROTECTION ELEVATION An elevation
of not less than one foot-six inches above the water surface
elevation associated with the intermediate regional flood
N STRUCTURE That which is built or constructed
any production or piece of work or edifice artificially built up
or composed of parts adjoined together in some definite manner
A structure shall include but is not limited to the following
Any building or parts of buildings including foundations piers
and the like fences of any type utility lines poles and the
like and any other type of constructive improvements but not
including dirt fill
Section 3 Official Flood Plain Map
A Establishment of Official Flood Plain Map The
official flood plain map together with all explanatory matter
thereon which is attached hereto is hereby adopted by reference
and declared to be a part of this ordinance A copy of the
official flood plain map as amended from time to time shall
be on file in the office of the City Clerk of the City of Fort
Collins
B Lands to Which Ordinance Applies The official
flood plain map delineates areas designated as the floodway
district and the flood fringe district The floodway district
is that area which constitutes the floodway of a drainway
channel or water course The flood fringe district is that
area which constitutes the flood fringe of a drainway channel
or water course This ordinance sets forth regulations governing
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the use of areas within the designated floodway district and
flood fringe district
C Uses Within District 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 floodway
district or the flood fringe district as defined by this ordinance
shall conform to and meet all requirements for such districts
as hereinafter set forth
D Amendment of Official Flood Plain Map The City
Council may from time to time amend the official flood plain
map established by this ordinance upon petition of the owner
of any property within a floodway district or flood fringe
district or upon the initiative of the City Council Before
making any amendments to the official flood plain map the
City Council shall review all pertinent engineering data
submitted to it relating to flood hazards in the area affected
and amendments shall be made consistent with the purposes of
this ordinance
D Warning and Disclaimer of Liability The degree
of flood protection requited by this ordinance is considered
reasonable for regulatory purposes and is based upon engineering
and scientific methods of study Floods of greater magnitude
than the intermediate regional flood may occur on rareroccasions
or flood heights may be increased by man-made or natural causes
such as ice jams and bridge openings restricted by debris
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This ordinance does not imply that areas outside of the flood
plain districts or land uses permitted within such districts
will be free from flooding or flood damages This ordinance
shall not create liability on the part of the City of Fort
Collins or any officer or employee thereof for any flood
damages that result from reliance on this ordinance or any
administrative decision lawfully made thereunder
Section 4 Floodway District
No land located within the floodway district as designated
herein shall be used for any purpose other than those listed
herein and only to the extent such uses are permitted uses under
the zoning ordinance of the City of Fort Collins and are not
prohibited by any other ordinance of the City Except as per-
mitted under Part B hereof no structure fill or storage of
materials or equipment shall occur on any land within the flood-
way district in connection with any permitted use
A Uses Not Requiring Special Reveiw Subject to
the limitations of the zoning ordinance or other ordinances
of the City the following uses shall be permitted
1 Private and public recreational uses such as
golf courses driving ranges archery ranges picnic grounds
swimming areas parks wildlife and nature preserves game farms
fish hatcheries shooting preserves target ranges trap and
skeet ranges hunting and fishing areas hiking and horseback
riding trails
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2 Agricultural uses
3 Uses which are accessory to residential uses ,
such as lawns gardens , parking areas and play areas
E Special Review Uses The following uses which
involve structures (temporary or permanent) or storage of
materials or equipment may be permitted after special review
and approval by the City Council and upon compliance with all
of the requirements of Section 6 of this ordinance
1 Uses permitted under Part A of this section
but utilizing structures fill or storage of materials or
equipment
2 Temporary roadside stands signs for
identification
3 Extraction of sand gravel and other materials
4 Railroads streets bridges , utility trans-
mission lines and pipelines
5 Other uses similar in nature to the uses above
set forth
C Standards for Floodway Special Review Uses In
determining whether to grant a permit for any special review use
the City Council and any administrative officer of the City
making recommendations to the City Council on a proposed use
shall be governed by the following
1 All Uses No structure (temporary or permanent)
deposit obstruction storage or materials or equipment or any
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other use shall be allowed as a special permit use which acting
alone or in combination with existing or future uses unduly
affects the capacity of the floodway or unduly increases flood
heights Consideration of any request for a special review use
shall be based upon the cumulative effects from an equal degree
of encroachment extending for a significant reach on both sides
of the stream
2 Structures
a No structure in this district shall be
utilized for human habitation
b All structures in this district shall
have a low flood-damage potential
c Any structure permitted in this district
shall be constructed and placed on the building site so as tv
offer the minimum obstruction to the flow of flood waters
d All structures constructed in this district
shall be firmly anchored to prevent flotation which may result
in damage to other structures , restrictions of bridge openings
and restrictions of other narrow sections of the stream or river
e All service facilities to structures in
this district such as electrical and heating equipment shall
be constructed at or above the regulatory flood protection elevation
for that area or shall be floodproofed
3 Storage of Material and Equipment
a Within this district the storage or processing
of materials or equipment that are buoyant flammable explosive
or for other reasons could be injurious to human animal or
plant life shall be prohibited
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b Within this district the only materials
or equipment which shall be stored shall be those which are not
subject to major damage by floods and all such materials or
equipment shall be firmly anchored to prevent flotation
4 Water Supply and Sanitary Sewer Systems
Within this district water supply systems and sanitary sewage
systems shall be designed in such way as to minimize or eliminate
infiltration of flood waters into the systems and discharges
from the systems into the flood waters On-site waste disposal
systems shall be located so as to avoid inpairment of the same
or contamination from them during flooding
Section 5 Flood Fringe District
A Permitted Uses Any use permitted by the zoning
ordinance of the City and not prohibited by any other ordinance
of the City shall be permitted within this district subject to
the restrictions hereinafter set forth
B Structures Any structure erected within this
district shall be placed on fill so that the lowest floor of
the structure is above the regulatory flood protection elevation
The fill shall be a point no lower than the regulatory flood
protection elevation for the particular area and shall extend
at such elevation at least fifteen feet beyond the limits of
any structure or building erected thereon
C Public Improvements Notwithstanding any other
provision contained in this ordinance within this district
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streets bridges and utility lines may be constructed and
installed below the regulatory flood protection elevation
provided that the same are reviewed and approved by the City
Manager or his designated representative In the event the City
Manager refuses a permit for any such installation the person
requesting the same may apply to the City Council for a permit
to install the proposed improvement as a special review use
D Special Review Uses In cases where existing
streets or utilities are at elevations which make compliance
with the requirements of Section 4B above impractical or in
any other case where because of the particular conditions of
any site a hardship would be imposed on the property owner to
require compliance with the provisions of Part B above the owner
of property within this district may apply to the City Council
for permission to erect the structure below the regulatory flood
protection elevation Such application shall be made and processed
in accordance with the provisions of Section 6 of this ordinance
Notwithstanding the foregoing in no case shall any portion of a
residence designed to be occupied by humans be located below the
regulatory flood protection elevation
Section 6 Special Review
No special review permit shall be granted by the City Council
except in accordance with and upon compliance with the require-
ments of this section
A Application for a special review permit shall be
made to the Director of Engineering Services upon a form supplied
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by such office The Director of Engineering Services may require
such information regarding the application as he deems necessary
to process the same Such information may include but is not
limited to the following
1 Up to five (5) copies of the plans for the
proposed project drawn to scale showing the nature location
dimensions and elevation of the lot existing or proposed
structures existing or proposed fill information regarding
storage of materials information regarding any proposed flood-
proofing measures and the relationship of the above to location
of the channel floodway and flood protection elevation
2 A typical valley cross-section showing the
channel of the stream the elevation of land areas adjoining
each side of the channel cross-sectional areas to be occupied
by the proposed development and high water information
3 Plans (surface view) showing two foot contours
of the ground pertinent structure fall or storage elevations
size location and spatial arrangement of all proposed and
existing structures on the site location and elevation of
streets water supplies sanitary facilities photographs
showing existing land uses and vegetation upstream and down-
stream soil types and other pertinent information
4 A profile showing the slope of the bottom of
the channel or flowline of the stream
5 Specifications for building construction
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and materials , floodproofing, filling dredging grading
channel improvement storage of materials , water supply and
sanitary facilities
C The Director of Engineering Services shall review
the application and shall forward the same to the City Council
together with a report setting forth his recommendation on the
application including the reasons for such recommendation and
any conditions which he recommends be imposed in approving the
application
D Upon receipt of the application and the report of
the Director of Engineering Services the City Council shall
schedule a hearing on the application and shall give the
applicant written notice of the date and time of such hearing
at least two days before the date of the same
E After the hearing the City Council shall act upon
the application and shall either grant the same grant the same
with additional conditions or deny the same
F The Director of Engineering Services in making
recommendations on applications and the City Council in passing
on such applications shall consider all relevant factors set
forth in this ordinance and all other pertinent matters bearing
on the application including but not limited to the following
1 The danger to life and property due to increased
flood heights or velocities caused by encroachments
2 The danger that materials may be swept on to
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other lands or downstream to the injury to others
3 The proposed water supply and sanitation systems
and the ability of these systems to prevent the spread of disease,
contamination and unsanitary conditions
d The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage
on the owners of such facility
5 The requirements of the facility for a location
in the area applied for
6 The availability of alternate locations for
the proposed use not subject to flood hazards or subject to
lesser flood hazards
7 The compatibility of the proposed use with
existing development and development anticipated in the fore-
seeable future in compliance with the ordinances and plans
of the City
8 The relationship of the proposed use to the
comprehensive plan of the City and to the Flood Plain Management
Program for the area
9 The safety of access to the property in times
of flood by ordinary and emergency vehicles
10 The expected heights velocity duration
rate of rise and sediment transport of flood waters expected
at the site
G In acting upon an application the City Engineer
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may recommend conditions to the approval of the application
and the City Council may adopt such conditions Such conditions ,
by way of illustration but not limitation may include the
following
1 Modification of waste disposal and water
supply facilities
2 Limitations on periods of use and operation
3 Imposition of operational controls
4 Requirements for construction of channel
modifications dikes levies and other protective measures
5 Protection from erosion in areas that have
been filled
6 Special design and construction of bridges
so as to allow the passage of flood waters over the structure
or so as to give way and disintegrate in the path of the flood
7 Flood proofing measures designed consistent
with the flood protection elevation for the particular area
and consistent with anticipated flood velocities , durations
rate of rise hydrostatic and hydronamic forces and other
factors anticipated with the regulatory flood Such flood-
proofing measures by way of illustration but not limitation
may include the following
a Anchorage to resist flotation and lateral
movement
b Installation of water-tight doors bulk
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heads and shutters or similar methods of construction
c Reinforcement of walls to resist water
pressures
d Use of paints , membranes or mortars to
reduce seepage of water through walls
e Addition of mass or weight to structures
to resist flotation
f Installation of pumps to lower water level
in structures
g Construction of water supply and waste
treatment systems so as to prevent the entrance of flood waters
h Installation of pumping facilities or
comparable practices for subsurface drainage systems for buildings
to relieve external foundation, wall and basement flood pressures
i Construction to resist rupture or collapse
caused by water pressure or floating debris
J Installation of valves or controls on sani-
tary and storm drains which will permit the drains to be closed
to prevent back up of sewage and storm waters into the buildings
or structures Gravity draining of basements may be eliminated
by mechanical devices
k Location of all electrical equipment
circuits and installed electrical appliances in a manner which
they
will assure that /are not subject to flooding and so as to provide
protection from inundation by the regulatory flood
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1 Location of any structural storage facilities
for chemicals explosives buoyant materials flammable liquids
or other toxic materials which could be hazardous to public
health safety and welfare in a manner which will assure that
the facilities are situated at elevations above the heights
associated with the regulatory flood protection elevation or
are adequately flood-proofed to prevent flotation of storage
containers which could result in the escape of toxic materials
into flood waters
The Director of Engineering Services in receiving
applications for special review uses contemplating such flood-
proofing measures may require that the applicant submit a
plan or document certified by a registered professional engineer
that the floodproofing measures contemplated are consistent with
the regulatory flood protection elevation and associated flood
factors for the particular area
Section 7 Building Inspector
The Building Inspector shall issue no permit for the
construction of any improvements on any land located in the
flood-fringe district or the floodway district not permitted
by this ordinance In the case of any use requiring a special
review permit he shall issue no building permit until the
special review permit has been issued by the City Council
Section 8 Nonconforming Uses
A structure or the use of a structure or premises which
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existed and was lawful before the passage of this ordinance
but which is not in conformity with the requirements of this
ordinance may be continued notwithstanding the provisions of
this ordinance subject to the following conditions
A If such use is discontinued for twenty-four (24)
consecutive months any future use shall conform to the require-
ments of this ordinance
B If any nonconforming structure is destroyed by
any means including floods to an extent of fifty percent (507)
or more of its assessed value as shown on the latest records
of the County Assessor such structure shall not be reconstructed
except in conformity with the provisions of this ordinance
C Any alteration addition or repair to a noncon-
forming structure involving a cost of in excess of twenty-five
percent (257) of the assessed value of the structure shall be
made only in conformity with the provisions of this ordinance
Section 9 Safety Clause
The City Council hereby declares that should any section
paragraph sentence word or other portion of this ordinance
be declared invalid for any reason such invalidity shall not
affect any other portion of the ordinance and the City Council
hereby declares that it would have passed all other portions
of this ordinance independent of the elimination herefrom of
any such portion which may be declared invalid
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Introduced considered favorably upon first reading and
ordered published this 15th day of July A D 1975
and to be presented for final passage on the 5th day of
August A D 1975
ATTEST ayor
City Clerk
Passed and adopted on final reading this 5th day of
August A D 1975
ATTEST ayor
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Ay C er
Note--the official flood plain map- adopted by this ordinance is not published
with the ordinance but a copy of the map is available in the office of the
City Clerk for inspection
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