HomeMy WebLinkAbout161 - 11/19/2013 - AMENDING CHAPTER 10 OF THE CITY CODE REGARDING FLOOD HAZARD AREAS TO CLARIFY CERTAIN PROVISIONS ORDINANCE NO. 161, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING FLOOD HAZARD AREAS TO
CLARIFY CERTAIN PROVISIONS
WHEREAS, requirements and restrictions specific to development and related activities
in the flood hazard areas in the city are set forth in Article II of Chapter 10 of the Code of the
City of Fort Collins (the "City Code"); and
WHEREAS, the City's regulation of flood hazard areas is subject to the requirements of
the Federal Emergency Management Agency ("FEMA") and the Colorado Water Conservation
Board ("CWCB"), which each promulgate and enforce their own related regulations; and
WHEREAS, in January 2011, the CWCB promulgated .new minimum statewide
floodplain regulations (the "CWCB Regulations"), which require that all local communities
adopt regulations at least as strict as the CWCB Regulations by January 2014; and
WHEREAS, although many of the requirements included in the CWCB Regulations are
already included in the City Code, some revisions to the City Code are needed in order to fully
comply with the CWCB Regulations; and
WHEREAS, in its review of the City Code for conformance to the CWCB Regulations,
staff identified certain revisions that would improve the clarity and consistency of Chapter 10;
and
WHEREAS, the City Council considered the proposed revisions to the City Code to
clarify and correct existing provisions in Chapter 10, together with other related revisions, at its
work session on September 24, 2013; and
WHEREAS, the City Council believes it would be in the best interests of the City to
approve the revisions set forth herein, in order to clarify and correct existing provisions in the
City Code regarding activities in flood hazard areas.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section I. That Section 10-16 of the Code of the City of Fort Collins is hereby
amended by adding the following new definitions, and amending existing definitions, to read in
their entirety as follows:
Abandoned shall mean any structure that has been used or was intended for use as an occupied
structure, in whole or in part, including an accessory building, that has become vacant or unused
for a period of at least three hundred sixty-five (365) consecutive days, and meets at least two (2)
of the following conditions:
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l. Is open to casual entry or trespass;
2. Is damaged by fire, flood, weather, or vandalism to an extent that prevents safe
occupation;
3. Is the site of loitering or vagrancy;
4. Demonstrates a lack of property maintenance and upkeep as evidenced by one or more
violations of the International Property Maintenance Code, as adopted in § 5-47;
5. Is under notice for being in violation of one or more City ordinances;
6. Has been secured or boarded up for at least three hundred sixty-five (365) consecutive
days;
7. Has utilities disconnected or not in use;
S. Is subject to a condemnation notice or legal order to vacate;
9. Is structurally unsound to an extent that prevents safe occupation; or
10. Is a potential hazard or danger to the public.
Cumulative substantial improvement shall mean any combination of repairs, demolition,
reconstruction, rehabilitation or other improvements of a structure, taking place during the time
the structure has been located in a designated floodplain, 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 tern
cumulative substantial improvement shall include any repair or 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. Also, cumulative substantial
improvement shall not include ordinary maintenance activities such as interior or exterior
painting or decoration, replacement of windows, doors or other nonstructural elements, repair or
replacement of heating or air conditioning appliances or hot water heaters, reroofing, and utility
connections, provided that such improvements shall not be excluded from the overall work when
carried out in connection with structural improvements.
Hardship shall mean the effect of a floodplain designation on the use of a property in light of
unusual physical characteristics of the land that are exceptional or peculiar to the property and
not shared by adjacent parcels. Hardship does not include personal or financial circumstances of
the current owner of the land, such as increased costs, inconvenience, aesthetic considerations
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physical disability, timing, mistakes by contractors or advisors, personal preferences, or the
disapproval of neighbors.
Letter of map amendment (LOMA) shall mean a letter from FEMA officially revising the
effective Flood Insurance Rate Map that establishes that a property is not located in a FEMA
special flood hazard area.
Letter of map revision (LOMR) shall mean a letter from FEMA officially revising the effective
Flood Insurance Rate Map to show changes in zones, delineations and flood elevations of
floodplains and floodways.
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 the structure, or may be established by an independent certified appraisal
consistent with FEMA standards for the appraisal of improvements.
Start of construction shall mean the date the building permit was issued for the relevant
improvements,' provided that the actual start of construction, repair, reconstruction, placement or
other improvement occurred within one hundred eighty (180) days of the building permit date
and the work proceeded in accordance with such building permit. 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 nonstructural 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 nonstructural development.
Substantial improvement shall mean any combination of repairs, demolition, reconstruction,
rehabilitation or other improvements of a structure for which the actual start of construction
occurred during the twelve-month period preceding the floodplain use permit application date,
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
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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. Also, substantial
improvement shall not include ordinary maintenance activities such as interior or exterior
painting or decoration, replacement of windows, doors or other nonstructural elements, repair or
replacement of heating or air conditioning appliances or hot water heaters, reroofing, and utility
connections, provided that such improvements shall not be excluded from the overall work when
carried out in connection with structural improvements.
Section 2. That Section 10-26(4) of the Code of the City of Fort Collins hereby is
amended to read as follows:
(4) Requiring the obtaining and recording by a professional 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;
Section 3. That Section 10-27 of the Code of the City of Fort Collins is hereby
amended by the addition of a new subsection (g), and revision of newly renumbered subsection
(h), to read as follows, with all subsequent subsections renumbered accordingly:
(g) All floodplain mapping shall meet the requirements set forth in the version of the FEMA
publication "Guidelines and Specifications for Flood Hazard Mapping Partners" in effect at the
time of the completion of the mapping.
(h) If the Utilities Executive Director determines that the application meets the purposes and
requirements of this Article, he or she shall issue the permit and may attach such conditions as he
or she deems necessary to further the purposes of this Article or to ensure compliance with the
same. The Utilities Executive Director may require the deposit of escrowed funds or other means
of securing the performance of permit conditions, and may request that the City building official
condition the release of a certificate of occupancy or other final approval upon submission of
final documentation of compliance with conditions, as appropriate.
(i) 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.
0) 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.
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(k) An applicant for a floodplain use permit shall pay twenty-five dollars ($25.). If the Utilities
Executive Director, 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.).
Section 4. That Section 10-37 of the Code of the City of Fort Collins is hereby
amended by the addition of a new subsection (e), which reads in its entirety as follows:
;(e) Elevation certificate required. A FEMA elevation certificate, signed and certified by a
registered professional land surveyor, accurately documenting the as-built elevation of the
improvements, must be submitted to the Utilities Executive Director and accepted before release
of a certificate of occupancy for the structure.
Section 5. That Section 10-38(3)(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
a. A pre-construction floodproofing certificate, signed and certified by a registered
professional engineer or architect, accurately documenting the proposed floodproofing
elevation;
Section 6. That Section 10-38(4) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(4) A post-construction 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 Utilities Executive Director and
accepted before release of a certificate of occupancy for the structure.
Section 7. That Section 10-41 of the Code of the City of Fort Collins is hereby
amended to read in its entirety as follows:
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.
(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.
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(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 "Protecting Manufactured Homes from Floods and Other Hazards,"
FEMA P-85, November 2009.
(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.
Introduced, considered favorably on first reading, and ordered published this 5th day of
November, A.D. 2013, and to be presented for final passage on the 19th day of November, A.D.
2013.
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City Clerk
Passed and adopted on final reading on the 19th day of November, A.D. 2013.
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