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HomeMy WebLinkAbout039 - 04/19/2022 - AMENDING CITY CODE REGARDING ADDITIONS AND SUBSTANTIAL IMPROVEMENTS IN FEMA-DESIGNATED FLOODPLAINSORDINANCE NO. 039, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING ADDITIONS AND SUBSTANTIAL IMPROVEMENTS IN FEMA-DESIGNATED FLOODPLAINS WHEREAS, the City administers a floodplain management program as set forth in Article II, Chapter 10 of the Fort Collins Municipal Code ("City Code"); and WHEREAS, representatives of the Federal Emergency Management Agency ("FEMA") have indicated that certain provisions of Article II, Chapter 10 of City Code do not meet the minimum requirements of the National Flood Insurance Program; and WHEREAS, the subject provisions concern how additions are included in the calculation of "substantial improvements" in FEMA-designated floodplains, those associated with Spring Creek, Dry Creek, Boxelder Creek, Cooper Slough, and the Cache la Poudre River; and WHEREAS, City staff has recommended that appropriate changes be made to Article II, Chapter 10 of City Code to meet the minimum requirements of the National Flood Insurance Program, which will also promote the health, safety, and welfare of the residents of Fort Collins; and WHEREAS, the Water Commission and the Building Review Commission, on February 17, 2022, and February 24, 2022, respectively, have each unimously approved a recommendation to City Council to adopt the appropriate changes to Article I1, Chapter 10 of City Code as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 10-1 b of the Code of the City of Fort Collins is hereby amended to read as follows: See.10-16. Definitions. Cumulative substantial improvement shall mean any combination of repairs, demolition, reconstruction, rehabilitation, addition, 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. The term cumulative substantial improvement shall include any repair or reconstruction work on structures that have incurred substantial damage. It shall not -I- 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. Cumulative substantial improvement shall not include the cost of any structurally independent addition. 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. Structurally independent addition shall mean an addition that involves no alteration of the load - bearing structure of the existing building, is attached to the building with minimal connection, and has a doorway as the only modification to the common wall. A structurally independent addition shall not transfer loads exerted on the addition to the existing building and thus shall not share a foundation or other building elements that would create a load path between the addition and the existing building. Shared heating, ventilation, and air conditioning (HVAC), electrical, and plumbing between the addition and existing structure does not result in a structural connection. Substantial improvement shall mean any combination of repairs, demolition, reconstruction, rehabilitation, addition, 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. 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. Substantial improvement shall not include the cost of any structurally independent addition and in City basin floodplains shall also not include the cost of any addition that meets the regulatory flood protection standard set forth in Section 10-37. 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 3. That Section 10-26 of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows and all subsequent subparagraphs shall be renumbered accordingly: Sec. 10-26. - Utilities executive director's powers and duties. The duties and responsibilities of the Utilities Executive Director shall include but are not limited to: (6) Require certification by a Colorado registered professional engineer and/or architect that any addition proposed as a structurally independent addition meets the definitions and requirements of this Chapter. Section 4. That Section 10-27(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-27. - Floodplain use permit. (b) The following information is specifically required and must be submitted by any floodplain permit applicant: (4) Certification by a Colorado registered professional engineer and/or architect that any addition proposed as a structurally independent addition: (1) involves no alteration of the load -bearing structure of the existing building; (2) is attached to the existing building with minimal connection; (3) has a doorway as the only modification to the common wall; and (4) will not transfer loads exerted on the addition to the existing building and will thus not share a foundation or other building elements that would create a load path between the addition and the existing building. (5) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Section 5. That Section 10-75(7) of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph b. which reads in its entirety as follows and all subsequent subparagraphs shall be renumbered accordingly: -3- Sec. 10-75. - Specific standards for residential development in Poudre River flood fringe. (7) Accessory structures. b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. Section 6. That Section 10-76 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec.10-76. - Specific standards for nonresidential development in Poudre River flood fringe. (2) Additions. a. Addition to a nonresidential structure is allowed, provided that all appliable requirements, including, but not limited to, the requirements of § 10-37, are met. b. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. c. For an addition to a nonresidential structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). d. 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. -4- (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. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. C. For a garage attached to a nonresidential structure, compliance with the requirements of § 10-3 8 or the requirements of § 10-39 may be substituted for compliance with the applicable requirements of Subsection 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. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. c. 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. d. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10- 37, are met. e. 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 Subsection 10-37(b). f. 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. g. 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. Section 7. That Section 10-77 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-77. - Specific standards for mixed -use development in Poudre River flood fringe. (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. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. c. 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 Subsection 10-37(b). d. A new basement may be constructed below the regulatory flood protection elevation in an addition to a mixed -use structure, provided that: 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. (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. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. c. 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 Subsection 10-37(b). 0 (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. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. c. 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. d. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10- 37, are met. e. 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 Subsection 10-37(b). f. 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. g. 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. Section 8. That Section 10-80(b)(1) of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph e. which reads in its entirety as follows and all subsequent subparagraphs shall be renumbered accordingly: See. 10-80. - Removal of property from Poudre River flood fringe. (b) LOMR-F. Property located in the flood fringe of the Poudre River shall be considered removed from the flood fringe if a FEMA Letter of Map Revision based on Fill (LOMR- F) removing the property from the flood fringe based on fill has been issued by FEMA and remains in effect. -7- (1) LOMR-F Review and Approval. The Utilities Executive Director shall review any application for a LOMR-F removing property from the flood fringe, and the following conditions shall apply to any LOMR-F certified by the City as reasonably safe from flooding: e. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of cumulative substantial improvement. Section 9. That Section 10-102 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-102. - Specific standards for residential development in floodways. (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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10-37. d. 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 Subsection 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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as -8- being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10-37. d. 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. e. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10- 37, are met. f. 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 Subsection 10-37(b). g. No new basement may be constructed below the regulatory flood protection elevation in any accessory structure. h. 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. Section 9. That Section 10-103 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-103. - Specific standards for nonresidential development in floodways. (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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10-37. -9- d. For an addition to a nonresidential structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). e. No new basement may be constructed below the regulatory flood protection elevation in an addition to a nonresidential structure. (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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10-37. d. 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 Subsection 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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10-37. d. 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. e. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10- 37, are met. -10- f. 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 Subsection 10-37(b). g. No new basement may be constructed below the regulatory flood protection elevation in any accessory structure. h. 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. Section 10. That Section 10-104 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-104. - Specific standards for mixed -use development in floodways. (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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. d. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10-37. e. 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 Subsection 10-37(b). f. No new basement may be constructed below the regulatory flood protection elevation in an addition to a mixed -use structure. (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. b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10-37. d. 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 Section 10-37(b). (b) 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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10-37. d. 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. e. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10- 37, are met. f. 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 Subsection 10-37(b). g. No new basement may be constructed below the regulatory flood protection elevation in any accessory structure. h. 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. -12- Section 11. That Section 10-108 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-108. - Specific standards for residential development in flood fringe. (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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10-37. d. No new basement may be constructed below the regulatory flood protection elevation in any addition to a residential structure. (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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10-37. d. 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 Subsection 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. -13- b. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10-3 7. d. 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. e. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10- 37, are met. f. 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 Subsection 10-37(b). g. 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. h. 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. Section 12. That Section 10-109 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-109. - Specific standards for nonresidential development in flood fringe. (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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in Section 10-37. -14- d. For an addition to a nonresidential structure, compliance with the requirements of § 10-38 may be substituted for compliance with the applicable requirements of Subsection 10-37(b). e. 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. (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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10-37. d. 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 Subsection 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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in §10-37. d. 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. e. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10- 3 7, are met. -15- f. 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 Subsection 10-37(b). g. 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. h. 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. Section 13. That Section 10-110 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-110. - Specific standards for mixed -use development in flood fringe. (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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10-37. d. 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 Subsection 10-37(b). e. A new basement may be constructed below the regulatory flood protection elevation in an addition to a mixed -use structure, provided that: 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. -16- (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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10-37. d. 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 Subsection 10-37(b). (b) 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. In FEMA basin floodplains, any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. c. In City basin floodplains, the value of the addition shall not be included in the determination of substantial improvement so long as the addition meets the regulatory flood protection standard set forth in § 10-37. d. 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. e. Redevelopment of an accessory structure is allowed, provided that all applicable requirements, including, but not limited to, the requirements of § 10- 37, are met. f. 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 Subsection 10-37(b). g. 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. h. 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 requiremcnts, including, but not limited to, the requirements of § 10-38, are met. -17- Section 14. That Section 10-113(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-113. Removal of property from flood fringe of FEMA basin flood plains. (b) LOMR-F. Property located in the flood fringe of a FEMA basin floodplain shall be considered removed from the flood fringe if a FEMA Letter of Map Revision based on Fill (LOMR-F) removing the property from the flood fringe has been issued by FEMA and remains in effect. (1) LOMR-F Review and Approval. The Utilities Executive Director shall review any application for a LOMR-F removing property from the flood fringe based on fill, and the following conditions shall apply to any LOMR-F certified by the City as reasonably safe from flooding: a. A floodplain use permit shall be obtained for any development in a LOMR-F area. b. 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 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 Subsection 10-37(b). c. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. d. Critical facilities and expansions of critical facilities are prohibited. e. 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. 2. Manufactured home parks and mobile building developments, other than nonconforming manufactured home parks and mobile building developments, are prohibited. 3. Expansion of a manufactured home park or a mobile building development is prohibited. _18- (2) Unconditional or Annexed LOMR-F Approvals. For any development in an area removed from the flood fringe through a LOMR-F that did not include the conditions described in Paragraph (b)(1), or that was approved prior to annexation to the City, the development must meet all requirements of Paragraph (b)(1) in addition to meeting all conditions of the LOMR-F approval, except that, for properties annexed to the city prior to January 1, 2014, only the following shall apply: a. The development must meet all conditions of the LOMR-F approval; and b. For any new structure, accessory structure, attached garage or addition, substantial improvement or redevelopment, the development must also meet requirements of § 10-37, except that: 1. The applicable flood protection elevation required shall be twelve (12) inches above the base flood elevation, regardless of the elevation level stated in § 10- 37; and 2. 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 elevation requirement in Subparagraph (b)(2)b.1. c. Any new addition must either be designed and certified by a Colorado registered professional engineer and/or architect as being a structurally independent addition or the value of the addition shall be included in the determination of substantial improvement. Introduced, considered favorably on first reading, and ordered published this Sth day of April, A.D. 2021, and to be presented for final passage on the 19th day of April, A.D. 2022. .� ' EAL ATTEST-~ City Clerk Passed and adopted on final reading on 1 ATTEST: ;•� ="" r7 h City Clerk -19-