HomeMy WebLinkAbout125 - 11/07/1995 - AMENDING CITY CODE REGARDING FLOOD HAZARD AREAS ORDINANCE NO. 125, 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 10, ARTICLE II,
OF THE CODE OF THE CITY OF
FORT COLLINS OF THE CITY REGARDING
FLOOD HAZARD AREAS
WHEREAS, Chapter 10, Article R of the Code of the City, originally adopted in 1979,
established regulations for floodplains within the City in order for the City to become eligible for
participation in the National Flood Insurance Program; and
WHEREAS, the Federal Emergency Management Agency ("FEMA") has required the City
to bring its Code into compliance with the 1995 revised Flood Insurance Study ("FIS") which was
prepared by the FEMA for the City; and
WHEREAS, in order to come into compliance with said FIS, it is necessary for the City to
amend the provisions of Chapter 10, Article II; and
WHEREAS, the Council has determined that certain provisions of said Article should be
modified to clarify ambiguities and to make changes to reflect current conditions and to meet the
objectives of the City with respect to floodplain management; and
WHEREAS,the Storm Drainage Board has reviewed the proposed amendments to Chapter
10, Article II and has recommended to the City Council that the same be adopted; and
WHEREAS,the Council has determined that it is in the bests interests of the health, safety
and welfare of the citizens of the City that Chapter 10, Article II be amended as hereafter provided.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 10,Article H of the Code of the City be and hereby is repealed and readopted
to read as follows:
ARTICLE II. FLOOD HAZARD AREAS
DIVISION 1. GENERALLY
See. 10-16. Definitions.
Unless specifically defined below, words or phrases used in this Article shall be
interpreted so as to give them the meaning they have in common usage and to give
this Article its most reasonable application.
Addition shall mean any alteration to an existing structure which results in any
increase in the structure's floor area.
Appeal shall mean a request for a review of an interpretation of any provision of
this Article made by the Director of Utility Services or designee.
Area of shallow flooding shall mean a designated AH or AO zone with a one
percent or greater annual chance of flooding to an average depth of one to three feet
where a clearly defined channel does not exist, where the path of flooding is
unpredictable and where velocity flow may be evident.Such flooding is characterized
by ponding or sheet flow.
Area of special flood hazard shall mean the land in the floodplain subject to a one
percent or greater chance of being equalled or exceeded in any given year. Areas of
the floodplain designated as Zones A, AE, AO, AH, Al-30 on the Flood Insurance
Rate Map and other areas designated as floodplain by the City are included.
Base flood shall mean the flood having a one-percent chance of being equaled or
exceeded in any given year.
Base flood elevation shall mean the elevation for which there is a one-percent
chance in any given year that flood levels will equal or exceed it.
Basement shall mean any area of a building having its floor subgrade (below
ground level)-on-all sides.
Change in watercourse shall mean any change in an existing thalweg, bed, or bank
of a watercourse.
Conveyance Zone shall mean those portions of the floodplain required for the
passage or conveyance of the one hundred year flood based on equal encroachment
(or other method if approved by the City) of the floodplain from the edges of the
flood channel to a point where the one hundred year flood profile will be raised by
six inches or more, after considering a reasonable expectation of blockage at bridges
and other obstructions by flood borne debris.
Critical facilities shall mean structures or facilities that produce, use, or store
highly volatile, flammable, explosive, toxic, and/or water reactive materials;
Hospitals, nursing homes, and housing likely to contain occupants who may not be
sufficiently mobile to avoid death or injury during a flood; Police stations, fire
stations, vehicle and equipment storage facilities, and emergency operations centers
that are needed for flood response activities before, during, and after a flood; and,
Public and private utility facilities that are vital to maintaining or restoring normal
services to flooded areas before, during, and after a flood.
Development shall mean any man-made change to improved or unimproved real
estate, including but no limited to buildings or other structures, mining, dredging,
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filling, grading,paving, excavation or drilling operations or storage of equipment or
materials located within the area of special flood hazard.
Director shall mean the duly appointed Director of Utility Services of the City or
any authorized representative.
Drainway or drainageway shall mean a natural or artificial land surface depression
with or without perceptibly defined beds and banks to which surface runoff gravitates
and collectively forms a flow of water continuously_ or intermittently_ in a definite
direction.
Existing manufactured home park or subdivision shall mean a manufactured home
park for which the construction of facilities for servicing the lot on which the
manufactured 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 the ordinance from which this
Article was derived.
Expansion to an existing manufactured home park or subdivision shall mean 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 the pouring of concrete pads or the construction of streets.
Fill shall mean a deposit of materials of any kind placed by artificial means.
Flood or flooding shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas caused by the overflow of inland
waters and/or the unusual and rapid accumulation or runoff of surface waters from
any source.
Flood fringe shall mean 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 floodway portion.
Flood Insurance Rate Map (FIRM) shall mean the official map on which the
Federal Emergency Management Agency has delineated both the floodplains and risk
premium zones applicable to the community.
Flood Insurance Study shall mean the official report in which the Federal
Emergency Management Agency has provided flood profiles, as well as the Flood
Boundary-Floodway Map and water surface elevation of the base flood.
Floodplain shall mean the land in a drainway within a community subject to a one-
percent or greater chance of flooding in a given year.
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Floodproofing shall mean 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 shall mean the channel of a river or other watercourse in the adjacent
land areas that must be reserved in order to discharge the- base- flood- without
cumulatively increasing the water surface more than five-tenths (5/10) foot.
Floodplain Management shall mean the operation of an overall program of
corrective and preventative measures for reducing flood damage, including but not
limited to emergency preparedness plans, flood control works and floodplain
management regulations. Floodplain management refers to those activities that are
implemented with the intent to promote the public health,safety,and general welfare,
to minimize-public and private losses due to flood conditions, and-to-maintain,
enhance, and improve the natural and beneficial functions of floodplains.
Floodplain Management Regulations shall mean zoning ordinances, subdivision
regulations,building codes, health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such federal, state, or local
regulations, or any combination thereof, which provide standards for the purpose of
flood damage prevention and reduction.
Floodplain Use Permit shall mean any permit granted under the terms and
conditions of this Article for development on land in a floodplain
Lowest floor shall mean the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage, in an area other than a basement area, is not
considered a building's lowest floor, provided that such enclosure is not built so as
to render the structure in violation of the applicable non-elevation design
requirements of this ordinance.
Manufactured home shall mean 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 shall mean those structures for which the start of construction
commenced on or after July 16, 1979 and includes any subsequent improvements to
such structures.
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New manufactured home park or subdivision shall mean a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which
the manufactured home homes are to be affixed (including at a minimum, the
installation of utilities,the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date of these
floodplain management regulations.
Nonconforming structure shall mean a structure which existed and was lawful
before the passage of the ordinance from which the Flood Prevention and Protection
Article was derived, but which is not in conformity with the requirements of said
article.
Non-residential structure shall mean any structure or any portion of a structure
used exclusively for,or designed as and capable of being used for, without limitation,
office, commercial, business, educational, public, industrial, or governmental
occupation.
Regulatory floodplain shall mean the floodplain that is regulated by the city,
including the Special Flood Hazard Area(SFHA). It also covers areas identified by
the city as floodplain that are outside the SFHA as mapped by the Federal Emergency
Management Agency.
Reconstruction (repair of damaged structures) shall mean the rebuilding of an
existing structure which has been partially or completely destroyed by any cause (i.e.,
fire, wind, flood) without increasing the floor area of the structure.
Regulatory flood protection elevation shall mean an elevation of not less than
eighteen(18) inches above the base flood elevation.
Rehabilitation shall mean any improvements and repairs which are made to the
interior and exterior of an existing structure, but which do not result in any increase
in the floor area of the structure.
Residential structure shall mean any structure or any portion of a structure that is
used for, or designed as and capable of being used for, the temporary or permanent
domicile of persons, including without limitation a dwelling, a boarding house, a
hotel, a motel, and similarly used structures.
Special flood hazard area (SFHA) see area of special flood hazard.
Start of construction includes substantial improvement,and shall mean the date the
building permit was issued, provided the actual start of construction, repair,
reconstruction, placement, or other improvement was within 180 days of the permit
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date. The actual start means 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 does not
include land preparation, such as clearing,grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement,
footings,piers,or foundations or the erection 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 part of the main structure. For a substantial
improvement, the actual start of construction means 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.
Structure shall mean a walled and roofed building, a manufactured home or a gas
or liquid storage tank that is principally aboveground.
Substantial damage shall mean damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would
equal or exceed 50 percent of the market value of the structure before the damage
occurred.
Substantial improvement shall mean any combination of repairs, reconstructions,
rehabilitations, additions, or other improvements of a structure, taking place during
the life of the structure, the cumulative cost of which equals or exceeds fifty percent
of the market value of the structure before the start of construction of the
improvement. This term includes structures that have incurred substantial damage,
regardless of the actual repair work performed. The term does not, however, include
either:
(1) Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure
safe living conditions or
(2) Any alteration of a historic structure,provided that the alteration will
not preclude the structure's continued designation as a historic
structure.
Watercourse shall mean a stream, creek, pond, slough, gulch, reservoir, lake or
portion of the floodplain functioning as a natural or improved channel carrying flows,
not constituting a flood.The term includes without limitation established natural and
human-made drainageways for carrying storm runoff but does not include irrigation
ditches.
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Sec. 10-17.Purpose.
(a) It is the purpose of this Article to promote the public health, safety and
general welfare and to minimize public and private losses due to flood
conditions in 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 facilities and utilities, such as water and
gas mains,electric,telephone and sewer lines, and streets and bridges
located in floodplains;
(6) Help maintain a stable tax base by providing for the second use and
development of floodplains so as to minimize future flood blight
areas;
(7) Ensure that potential buyers are notified that property is in a
floodplain;
(8) Ensure that those who occupy the floodplain assume the
responsibility for their actions;
(9) Protect the natural areas required to convey flood flows and retain
slow flow characteristics.
(10) Obtain and maintain the benefits to the community of participating in
the National Flood Insurance Program.
(b) In order to accomplish its purposes, this Article includes methods and
provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety
and property due to water or erosion hazards or which result in
damaging increases in erosion or in flood heights or velocities;
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(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 flood_plains, stream channels and
natural protective barriers which help accommodate or channel
floodwaters;
(4) Controlling filling, grading, dredging and other development which
may increase flood damage;
(5) Preventing or regulating the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
in other areas.
See. 10-18. Interpretation.
In the interpretation and application of this Article, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally constructed in favor of the governing body;
(3) Deemed neither to limit nor repeal any other powers granted under
state statutes.
Sec. 10-19. Floodplain designation.
(a) The Flood Insurance Study dated January 1979, including any revisions or
amendments thereto,completed for the city by the Federal Emergency Management
Agency for the purpose of identifying floodplain areas, with accompanying Flood
Insurance Rate Map and Flood Boundary-Floodway Map, is hereby adopted by
reference and declared to be a part of this Article. The Flood Insurance Study is on
file in the office of the City Clerk.
(b) The city may adopt additional floodplain studies or reports by reference and
declare them to be part of this Article, provided that any differences in floodplain
delineation between such additional studies or reports and the Flood Insurance Rate
Map shall be resolved by applying those provisions which result in a broader
floodplain delineation. A copy of such studies or reports shall be on file in the office
of the City Clerk.
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Sec. 10-20. Application to certain lands.
(a) This Article shall apply to all floodplains within the jurisdiction of the
city.
(b) 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 Article shall conform to and meet all the
requirements for such districts as hereinafter set forth.
(c) If lands located outside the city limits are included within the
floodplain,the flood fringe, or the floodway,the requirements of this
Article shall apply to such lands upon annexation.
Sec. 10-21. Disclaimer of liability.
The degree of flood protection required by this Article is considered reasonable
for regulatory purposes and is based upon engineering and scientific methods of
study. Floods of greater magnitude than the base flood occur on rare occasions or
flood heights may be increased by manmade or natural causes, such as ice jams and
bridge openings restricted by debris. This Article does not imply that areas outside
floodplains or land uses permitted within such areas will be free from flooding or
flood damages. This Chapter shall not create liability on the part of the city or any
officer or employee for any flood damages that result from reliance on this Article
or any administrative decision lawfully made thereunder.
Sec. 10-22. Nonconforming structures.
A structure which existed and was lawful before the passage of the ordinance
from which this Article was derived, but which is not in conformity with the
requirements of this Article,may be continued,notwithstanding the provisions of this
Article, subject to the following conditions:
(1) If a nonconforming structure is abandoned for twelve (12)
consecutive months, the structure shall conform to the requirements
of this Article prior to any future use. Intent to resume active
operations shall not affect the foregoing.
(2) If any nonconforming structure is substantially damaged by any
means, including floods, to an extent of fifty (50) percent of its
market value, such structure shall not be reconstructed, except in
conformity with the provisions of this Article.
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(3) Any combination of repairs, reconstruction, rehabilitation, addition
or other improvement of a structure,taking place during the life of the
structure, the cumulative cost of which equals or exceeds fifty (50)
percent of the market value of the structure before the start of
construction of the improvement, shall be made only in conformity
with the provisions of this Article.
Sec. 10-23. Violations and penalties.
No structure or land shall be constructed, located,extended,converted or altered
without full compliance with the terms of this Article and other applicable
regulations. Violations of the provisions of this Article by failure to comply with any
of its requirements, including violations of conditions and safeguards established in
connection with conditions, shall constitute a misdemeanor. Any person who
violates this Article or who fails to comply with any of its requirements shall, upon
conviction, be guilty of a misdemeanor and shall be punished as provided in § 1-15
in addition to the collection of any costs which may be provided unless a specific
penalty is provided for a particular misdemeanor. Each day that any violation of the
provisions of this Article occurs shall constitute a separate offense. Nothing
contained herein shall prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation.
DIVISION 2. ADMINISTRATION
Sec. 10-36. Administrator's powers and duties.
The duties and responsibilities of the Director, as defined in § 10-16, shall
include but are not limited to:
(1) Reviewing all floodplain use permits to determine that the permit
requirements of this Article 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 government agencies from which prior approval is required.
Conditional floodplain use permits may be issued contingent upon
receipt of other specifically identified federal, state or local
government agency permits of approval;
(3) Reviewing all floodplain use permits to determine if the proposed
development is located in the floodway and, if located in the
floodway, assuring that the encroachment provisions of this Article
are met;
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(4) Requiring the obtaining and recording by a professional engineer or
land surveyor of the actual elevation in relation to mean sea level of
the lowest habitable floor including basement of all new or improved
structures and whether or not the structure contains a basement;
(5) Requiring for all new or improved floodproofed structures the
following:
a. Verification and recording by a professional engineer or land
surveyor of the actual elevation in relation to mean sea level;
and
b. Maintenance of the floodproofing certifications required in §
10-37(3).
(6) Maintaining for public inspection all records pertaining to the
provisions of this Article;
(7) Notifying adjacent communities and the state Water Conservation
Board prior to any alteration or relocation of a watercourse and
submitting evidence of such notification to the Federal Emergency
Management Agency;
(8) Requiring that maintenance is provided within the altered or relocated
portion of the watercourse so that the flood-carrying capacity is not
diminished;
(9) Making interpretations, where needed, as to the exact location of the
boundaries of floodplains, for example, where there appears to be a
conflict between the map boundary and actual field conditions. The
person contesting the location of such boundary shall be given a
reasonable opportunity to appeal the interpretation as provided by the
variance procedure in this Article.
Sec. 10-37.Floodplain use permit.
(a) A floodplain use permit shall be obtained from the Director before
construction or development begins within any floodplain established in this Article.
Application for a floodplain use permit shall be made on forms furnished by the
Director and may include, but not be limited to, plans in duplicate drawn to scale
showing the nature, location, dimensions and elevations of the areas in question;
existing or proposed structures, fill, storage of materials and drainage facilities; and
the location of the foregoing.
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(b) The following information is specifically required:
(I) Elevation in relation to mean sea level of the lowest floor, including
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
floodproofing methods for any nonresidential structure meet the
floodproofing criteria in this Article;
(4) Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
(c) The following information is also required for a Floodplain Use Permit:
(1) The signature of the owners of all property subject to the development
request on the Permit;
(2) A written report showing to the satisfaction of the Administrator that
the Floodplain Use Permit may be issued in compliance with all
criteria for approval;
(3) A surface view plan showing elevations and contours of the ground;
fill, and storage elevations; sizes, locations, and spatial arrangement
of all proposed, anticipated, and existing structures on the site;
location and elevations of streets, water supplies and sanitary
facilities; and,
(4) Specifications for building construction and materials, filling,
dredging, grading, channel improvements and changes, storage of
materials, water supply, and sanitary facilities.
(d) The Administrator may require the applicant to furnish additional information
and details deemed necessary to evaluate the effects of the proposed
construction upon the floodplain, including without limitation:
(1) Valley cross-sections showing the floodplain surrounding the
watercourse,cross-sections of the area to be occupied by the proposed
development; and 100-year flood maximum water-surface elevation-
information;
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(2) A profile showing the slope of the bottom of the channel or thalweg
of the watercourse;
(3) A floodplain analysis of the flood profile, elevation, and velocity,
using methodology acceptable to the City and FEMA, including
existing and anticipated uses and making a determination that the
proposed construction or development will not cause a rise in the
elevation of the water-surface of the 100-year flood;
(4) A structural analysis by a Colorado registered professional engineer
showing that any proposed structures will be adequately designed and
constructed to prevent floatation,collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy and scouring.
(e) When reviewing the application for a floodplain use permit, the
Administrator shall determine which portions of the floodplain are affected
by the particular development request and then shall apply the provisions of
this Article as applicable.The Administrator also shall determine whether the
application meets the intent of this Chapter after considering the following
factors:
(1) The effects upon the efficiency or capacity of the conveyance zone;
(2) The effects upon lands upstream, downstream, and in the immediate
vicinity;
(3) The effects upon the one hundred year flood profile and channel
stability;
(4) The effects upon any tributaries to the main stream,drainage ditches,
and any other drainage facilities or systems;
(5) Whether additional public expenditures for flood protection or
prevention will be required;
(6) Whether the proposed use is for human occupancy;
(7) The potential danger to persons upstream, downstream, and in the
immediate vicinity;
(8) Whether any proposed changes in watercourse will have an adverse
environmental effect on the watercourse,including without limitation,
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erosion of streambanks and streamside trees and vegetation and
wildlife habitat;
(9) Whether any proposed water supply and sanitation systems and other
utility systems can prevent disease, contamination, and unsanitary or
hazardous conditions during a flood;
(10) Whether any proposed facility and its contents will be susceptible to
flood damage and the effect of such damage;
(11) The relationship of the proposed development to the Elements of the
City of Fort Collins Comprehensive Plan and any applicable
floodplain management programs;
(12) Whether safe access is available to the property in times of flood for
ordinary and emergency vehicles;
(13) Whether the cumulative effect of the proposed development with
other existing and anticipated uses will increase flood heights; and,
(14) Whether the expected heights, velocities, duration, rate of rise,
channel stability, and sediment transport of the floodwaters expected
at the site will adversely affect the development or surrounding
property.
(f) If the Administrator determines that the applicant meets the purposes and
requirements of this Chapter, the Administrator shall issue the permit and
may attach such conditions as deemed necessary to further the purposes of
this Chapter.
(g) A permit issued after the effective date of this Article, expires three years
after its date of issuance, if the permittee has not started construction (see
definition for Start of Construction) under the permit.
(h) No person who has obtained a permit shall fail to construct in accordance
with their approved application and design.
(i) An applicant for a floodplain use permit shall pay twenty-five dollars. If the
Administrator, pursuant to this Article, requires the applicant to furnish a
floodplain analysis,the applicant shall pay an additional fee of three hundred
dollars.
Sec. 10-38. Variance procedure.
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(a) The Storm Drainage Board, as established in § 2-411, shall hear and decide
appeals and requests for variances from the requirements of this Article. Any final
decision of the board may be subject to review by the City Council.
(b) The 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 in the enforcement or administration of this Article. Persons desiring to
appeal a decision of the Director to the Storm Drainage Board shall at the time of
making such appeal pay to the Financial Officer a docket fee in the amount of three
hundred dollars ($300). Written notice of hearing shall be given to the appellant at
least three (3) days prior to the hearing by mailing the notice to the appellant's last
known address by regular mail. ' The board shall from time to time adopt such
additional rules and regulations as it deems necessary and advisable for the conduct
of its hearings and for carrying out the provisions hereof.
(c) In passing upon such applications, the Storm Drainage Board shall consider
all technical evaluations, all relevant factors and standards specified in other sections
of this Article and:
(1) The danger that materials may be swept onto other lands to the injury
of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4) The importance of the service provided by the proposed facility to the
community;
(5) The availability of alternate locations for the proposed use which are
not subject to flood or erosion damage;
(6) The compatibility of the proposed use with existing and anticipated
development;
(7) The relationship of the proposed use to the comprehensive plan and
floodplain management program of that area;
(8) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
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(9) The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if
applicable, expected at the site.
(d) Upon consideration of the factors of this Section and the purposes of this
Article, the Storm Drainage Board may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this Article.
(e) The Director shall maintain the records of all appeal actions, including
technical information, and report any variances to the Federal Insurance
Administration upon request.
Sec. 10-39. Conditions for variances.
(a) Generally, variances may be issued for construction and improvements to
be erected on a lot one-half('/2) 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.
(b) Variances may be issued for the reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Places or the state Inventory
of Historic Places without regard to the procedures set forth in the remainder of this
Section.
(c) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(d) Variances shall only be issued upon the determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
(e) Variances shall only be issued upon:
(1) The showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(3) A determination that the granting of the variance would not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, nuisances, cause fraud on or
victimization of the public as identified in this Chapter or conflict
with existing local laws or ordinances.
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(f) 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 commensurate with
the increased risk resulting from the reduced lowest floor elevation.
DIVISION 3. STANDARDS FOR FLOOD HAZARD REDUCTION
See. 10-51. General provisions for flood hazard reduction.
In all floodplains, the following standards are required:
(1) All new construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure and capable
of resisting the hydrostatic and hydrodynamic loads.
(2) All manufactured homes shall be elevated and anchored to resist flotation,
collapse or lateral movement and capable of resisting the hydrostatic and
hydrodynamic loads. Methods of anchoring may include, but are not limited
to use of over-the-top or frame ties to ground anchors. The following special
requirements shall be that:
a. Over-the-top ties be provided at each of the four (4) corners of the
manufactured home, with two (2) additional ties per side at
intermediate locations,with manufactured 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 intermediate points, with manufactured
homes less 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;
d. Any additions to the mobile home shall be similarly anchored.
(3) All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage;
(4) All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage;
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(5) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
(6) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems, and
discharge from the systems into floodwaters;
(7) On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
(8) All new construction and substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding.
Sec. 10-52. General standards applicable to subdivision proposals.
In all floodplains, the following standards for subdivisions are required:
(1)- Ail-subdivision-proposals shall-be-consistent-with-the need-to-minimize
flood damage;
(2) All subdivision proposals shall have public utilities and facilities, such as
sewer,gas,electric 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 developments which contain at least fifty (50) lots or five
(5) acres, whidmveris less.
Sec. 10-53. Specific standards for floodplains.
In all floodplains where base flood elevation data has been provided as set forth
in this Article, the following standards are required:
(1) If a lot or parcel lies partly within the floodway or flood fringe area, the
part(s)of such lot or parcel lying within such area or areas shall meet all the
standards and requirements of such respective area as prescribed by this
Article;
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(a) Residential Construction
(1) New construction or substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated to or above the
regulatory flood protection elevation;
(2) Require within in any AO Zone that all new construction and substantial
improvements of residential structures have the lowest floor, including
basement,elevated above the highest adjacent grade at least 18 inches above
the depth number specified in feet on the FIRM (at least two feet if no depth
number is specified);
(3) Require within Zones AH and AO adequate drainage paths around structures
on slopes to guide flood waters around and away from proposed structures.
(b) Nonresidential Construction
(1) New construction or substantial 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 sanitary facilities shall:
a. Be floodproofed so that below the regulatory flood protection elevation the
structure is watertight with walls substantially impermeable to the passage
of water;
b. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
c. Be certified to the Director by a registered professional engineer or
architect that the standards of this subsection are satisfied.
(2) Require within any AO Zone that all new construction and substantial
improvements of non-residential structures (i) have the lowest floor,
including basement, elevated above the highest adjacent grade at least 18
inches above the depth number specified in feet on the FIRM (at least two
feet if no depth is specified), (ii) together with attendant utility and sanitary
facilities be completely floodproofed to that level to meet the floodproofing
standard specified in this Article;
(3) Require within Zones AH and AO adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures.
(c) Critical facilities
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(1) No new critical facilities shall be constructed in the 500-year floodplain.
(d) Hazardous materials
(1) Hazardous materials. No person shall store a hazardous substance below the
regulatory flood protection elevation for the area of the floodplain in which
it is located, except for the storage of gasoline in existing and replacement
underground in existing gasoline service stations and service garages, which
tanks are designed to prevent infiltration and discharge into floodwaters and
which are adequately anchored and shielded against rupture.
Sec. 10-54. Manufactured home and recreational vehicle standards in
floodplains.
Mobile homes shall only be allowed when constructed in accordance with the
following conditions:
(1) Mobile homes shall be anchored in accordance with § 18-77;
(2) For new and substantially improved manufactured home parks and
subdivisions, for expansions to existing manufactured home parks and
subdivisions, for manufactured homes not placed in a manufactured home
park or subdivision; and for an existing manufactured home park or
subdivision on which a manufactured home has incurred substantial damage
as the result of a flood, the following requirements shall apply:
a. Stands or lots shall be elevated on a permanent foundation so that the
lowest floor of the manufactured home will be at or above the regulatory
flood protection elevation and be securely anchored to an adequately
anchored foundation system to resist floatation, collapse and lateral
movement;
b. Adequate surface drainage and access for a hauler shall be provided;
c. In the instance of elevation on pilings, lots shall be large enough to permit
steps; piling foundations shall be placed in stable soil no more than ten
(10)feet apart; and reinforcement shall be provided for pilings more than
six (6) feet above the ground level.
(3) Nuiwinufacturezthumt7shdii bt�piaLedin dfloodwayexceptirran existing
manufactured home park or existing mobile home subdivision.
(4) Require that manufactured homes to be placed or substantially improved on
sites in existing manufactured home parks or subdivisions that are not subject
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to the provisions above be elevated so that the lowest floor of the
manufactured home will be at or above the regulatory flood protection
elevation and be securely anchored to an adequately anchored foundation
system to resist floatation, collapse and lateral movement;
(5) Require that recreational vehicles either
a. be on site for fewer than 180 consecutive days,
b. be fully licensed and ready for highway use, or
c.meet the permit requirements and elevation and anchoring requirements for
resisting wind forces.
Sec. 10-55. Standards for floodways located in floodplains.
Located within floodplains established in this Article are areas designated as
floodways. Since the floodway is an extremely hazardous area due to the velocity of
floodwaters that carry debris, potential projectiles and erosion potential, the
following provisions shall apply:
(1) No encroachments, including fill, new construction, substantial
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 construction and
improvements shall comply with all applicable flood hazard reduction
provisions of this Article;
(3) No placement of manufactured homes except in an existing manufactured
home subdivision shall be permitted.
(4) No person shall change the use of an existing structure from a non-
residential use to a residential use or use as a school, day care center,
group home, residential care facility, or congregate care facility.
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Introduced, considered favorable on first reading, and ordered published in summary form this
17th day of October, A.D. 1995, and to be presented for final passa t 7th day of N er,
A.D. 1995.
i
yor
Air EST:
N"k ,
City Clerk
Passed and adopted on final reading this 7th day of Nove er, . 1995.
ayor
ATTEST:
U City Clerk
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