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HomeMy WebLinkAbout070 - 07/10/2019 - REPEALING AND REENACTING CHAPTER 52 OF THE CITY CODE RELATING TO FLOOD HAZARD AREAS ORDINANCE NO 70 , 1979 BEING AN ORDINANCE REPEALING AND REENACTING CHAPTER 52 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO FLOOD HAZARD AREAS AND PROVIDING FOR PENALTIES FOR VIOLATIONS OF THIS ORDINANCE WHEREAS, the legislature of the State of Colorado has delegated the responsibility to local government units to adopt requlations designed to promote public health, safety, and general welfare of its citizenry throuqh the regulation of flood hazard areas in Section 31-23-301 (1 ) C R S , 1973, and WHEREAS, the flood hazard areas of the City of Fort Collins are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental ser- vices, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare, and WHEREAS, these flood losses are caused by the cumulative effect of obstructions in flood hazard areas which increase flood heights and velo- cities, and when inadequately anchored, damage uses in other areas Uses that are inadequately flood proof, elevated, or otherwise protected from flood damage also contribute to the flood loss BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That Chapter 52 of the Code of the City of Fort Collins be, and the same hereby is, repealed and the same is re-enacted to read as follows §52-1 Purpose A It is the purpose of this chapter to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to 1 Protect human life and health 2 Minimize expenditure of public money for costly flood control projects 3 Minimize the need for rescue and relief efforts associated with flooding generally undertaken at the expense of the general public 4 Minimize prolonged business interruptions 5 Minimize damage to public facili- tMes ano utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in floodplains 6 Help maintain a stable tax base by providing for the second use and development of floodplains so as to minimize future flood blight areas 7 Insure that potential buyers are notified that property is in a floodplain 8 Insure that those who occupy the floodplain assume the responsi- bility for their actions 9 Protect the natural areas required to convey flood flows and retain slow flow characteristics B In order to accomplish its purposes, this chapter includes methods and provisions for 1 Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards , or which result in damaging increases in erosion or in flood heights or velocities 2 Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction 3 Controlling the alteration of natural floodplains , stream channels, and natural protective -2- barriers which help accommodate or channel flood waters 4 Controlling filling, grading, dredging, and other development which may increase flood damage 5 Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas - C In the interpretation and application of this chapter, all provisions shall be 1 Considered as minimum require- ments 2 Liberally constructed in favor of the governing body 3 Deemed neither to limit nor repeal any other powers granted under state statutes §52-2 Definitions For the purposes of this chapter, the following words or phrases shall have the meanings and be defined as herein set forth APPEAL - A request for a review of an interpre- tation of any provision of this chapter made by the Director of Public Works BASE FLOOD - The flood having a one percent (1%) chance of being equalled or exceeded in any given year DEVELOPMENT - Any dam, wall, wharf, embankment, levy, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel , refuse, fill, structure, or matter in, along, across, or projecting into a drainway, channel , or watercourse DRAINWAY OR DRAINAGEWAY - A natural or artifi- cial land surface depression with or without perceptibly defined beds and banks to which surface run-off gravitates and collectively forms a flow of water contin- uously or intermittently in a definite direction -3- EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION - A parcel (or contiguous parcels) of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this chapter EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION - The preparation of additional sites by the construction of facilities for servicing the lots on which mobile homes are to be affixed (including the installation of utilities, either final site grading or pourinq of concrete or the construction of streets) FILL - A deposit of materials of any kind placed by artificial means FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas caused by 1 The overflow of inland waters and/or 2 The unusual and rapid accumulation or runoff of surface waters from any source FLOOD FRINGE - That portion of the floodplain between the floodway district boundary and the upper limits of the base flood The flood fringe is the low hazard portion of a drainway channel or watercourse outside the f 1 oodway portion FLOOD INSURANCE RATE MAP (FIRM) - The official map on which the Federal Insurance Admini- stration has delineated both the flood- plains and risk premium zones applicable to the community FLOOD INSURANCE STUDY - The official report in which the Federal Insurance Admini- stration has provided flood profiles as well as the Flood Boundary-Floodway Map -4- and water surface elevation of the base flood FLOODPLAIN - The land in a drainway within a community subject to a one percent (3) or greater chance of flooding in a given year FLOODPROOFING - A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damage to properties, water and sanitary facilities, structures and contents of buildings in a floodplain area FLOODWAY - The channel of a river or other water course in the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively in- creasing the water surface more than 5 feet HABITABLE FLOOR - Any floor usable for living purposes which includes working, sleeping, eating, cooking, recreation, or a combina- tion thereof A floor used only for storage purposes is not a ' habitable floor ' MOBILE HOME - A structure that is transportable in one ( 1 ) or more sections, built on a permanent chassis, and designed to be used with or without permanent foundation when connected to the required utilities It does not include recreational vehicles or travel trailers NEW CONSTRUCTION - Those structures for which the "start of construction" commenced on or after the effective date of this chapter NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVI- SION - A parcel (or contiguous parcels) of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lots ( including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is -5- completed on or after the effective date of this chapter REGULATORY FLOOD PROTECTION ELEVATION - An elevation of not less than one ( 1 ) foot above the base flood elevation as calcu- lated with the floodway START OF CONSTRUCTION - The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation Permanent construction does not include land preparation such as clearing, grad- ing, and filling, nor does it include the installation of streets and/or walkways, nor does it include the excavation of a basement, footings, piers, or foundations or erections of temporary forms, nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not as part of the main structure For a structure (other than a mobile home) without a basement or poured footing, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation For mobile homes not within a mobile home park or mobile home subdivi- sion, "start of construction" means the affixing of the mobile home to its per- manent site For mobile homes within mobile home parks or mobile home subdivi- sions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including at a minimum the construction of streets, either final site grading or pouring of concrete pads, and installation of utilities) is com- pleted STRUCTURE - A walled and roofed building, a mobile home, or a gas or liquid storage tank that is principally above ground §52-3 Floodplain Designation A Adoption of floodplain studies The Flood Insurance Study, including any amendments thereto, for the City of Fort Collins, -6- Colorado, dated January, 1979, completed by the Federal Insurance Administration for the purpose of identifying floodplain areas with accompanying Flood Insurance Rate Maps and Flood Bound ary-F I oodway Maps is hereby adopted by reference and declared to be a part of this chapter The Flood Insurance Study is on file in the office of the City Clerk of the City of Fort Collins Fur- thermore, the City of Fort Collins may adopt additional floodplain studies or reports by reference and declare the same to be part of this chapter, provided that any differences in floodplain delineation between such additional studies or reports and the Flood Insurance Rate Maps shall be resolved by applying those provisions which result in a broader floodplain delinea- tion A copy of such studies or reports shall be on file in the office of the City Clerk of the City of Fort Collins B Lands to Which This Chapter Applies This chapter shall apply to all floodplains within the jurisdiction of the City of Fort Collins C Uses Within Floodplain Boundaries In addition to any restrictions placed upon any lands within the city by virtue of the Zoning Ordinance of the city, all lands within the floodplains defined by this chapter shall conform to and meet all the requirements for such districts as herein- afLer set forth D Warning and Disclaimer of Liability The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study Floods of greater magnitude than the base flood occur on rare occa- sions, or flood heights may be increased by man-made or natural causes such as ice jams and bridge openings restricted by debris This chapter does not imply that areas outside of floodplains or land uses permit- ted within such areas will be free from flooding or flood damages This chapter shall not create liability on the part of the City of Fort Collins or any officer or employee thereof for any flood damages -7- r that result from reliance on this chapter or any administrative decision lawfully made thereunder §52-4 Floodplain Regulation A Floodplain Use Permit A floodplain use permit shall be obtained before construc- tion or development begins within any floodplain established in this chapter Application for a floodplain use permit shall be made on forms furnished by the Director of Public Works and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, loca- tion, dimensions, and elevations of the areas in question, existing or proposed structures, fill , storage of materials, drainage facilities, and the location of the foregoing Specifically, the following information is required 1 Elevation in relation to mean sea level of the lowest floor, includ- ing basement, of all structures 2 Elevation in relation to mean sea level to which any structure has been floodproofed 3 Certification by a registered professional engineer or architect that the flood proofing methods for any non-residential structure meet the flood proofing criteria in this chapter 4 Description of the extent to which any water course will be altered or relocated as a result of proposed development B Designation of the Director of Public Works as the Administrator of this chapter The Director of Public Works is hereby ap- pointed to administer and implement this -8- chapter by granting or denying a floodplain use permit application in accordance with its provisions C Duties and Responsibilities of the Director of Public Works Duties of the Director of Public Works shall include, but not be limited to 1 Reviewing all floodplain use permits to determine that the permit requirements of this chapter have been satisfied 2 Obtaining evidence prior to the issuance of a floodplain use permit that all necessary permits have been obtained from those federal , state, or local govern- ment agencies from which prior approval is required Conditional floodplain use permits may be issued contingent upon receipt of other specifically identified federal , state, or local govern- ment agency permits of approval 3 Reviewing all floodplain use permits to determine if the proposed development is located in the f l oodway and if located in the floodway, assuring that the encroachment provisions of this chapter are met 4 Obtaining and recording the actual elevation ( in relation to mean sea level ) of the lowest habitable floor, including basements, of all new or improved structures and %hether or not the structure contains a basement 5 For all new or improved flood proofed structures a Verifying and recording the actual elevation in relation to mean sea level, and b Maintaining the flood proofing certifications required in Section 52-4(A) (3) -9- 7 Maintaining for public inspection all records pertaining to the provisions of this chapter 8 Notifying adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse and submitting evidence of such notification to the Federal Insurance Administration 9 Requiring that maintenance is provided within the altered or relocated portion of said water course so that the flood-carrying capacity is not diminished 10 Making interpretations, where needed, as to the exact location of the boundaries of floodplains (for example, where there appears to be a conflict between the map boundary and actual field condi- tions) The person contesting the location of such boundary shall be given a reasonable opportunity to appeal the intepretation as provided by the variance proce- dure in this chapter §52-5 Variance Procedure A Appeal Board 1 The Storm Drainage Board , as established by the City of Fort Collins, shall hear and decide appeals and requests for variances from the requirements of this chapter Any final decision of the Storm Drainage Board may be subject to review by the City Council as provided in Section 93-5(D) 2 The Storm Drainage Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Director of Public Works in the enforcement or administration of this chapter -10- 3 In passing upon such applications, the Storm Drainage Board shall consider all technical evalua- tions , all relevant factors , and standards specified in other sections of this chapter, and a The danger that materials may be swept onto other lands to the injury of others b The danger to life and property due to flooding or erosion damage c The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner d The importance of the service provided by the proposed facility to the community e The availability of alternate locations for the proposed use which are not subject to flood or erosion damage f The compatibility of the proposed use with exist- ing and anticipated development g The relationship of the proposed use to the comprehensive plan and floodplain management program of that area h The safety of access to the property in times of flood for ordinary and emergency v e h 1 c I e s i The expected heights , velocity, duration, rate -ll- _ of rise, and sediment transport of the flood waters in the effects of wave action, if applic- able , expected at the site 4 Upon consideration of the factors of this section and the purposes of this chapter , the Storm Drainage Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter 5 The Director of Public Works shall maintain the records of all appeal actions , including technical information , and report any variances to the Federal Insurance Administration upon request B Conditions for Variances Generally, variances may be issued for construction and improvements to be erected on a lot one-half ( 112) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level , provided that all factors of the variance procedure have been fully considered 1 Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section 2 Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result 3 Variances shall only be issued upon the determination that the variance is the minimum necessary, considering the flood hazard, to afford relief -12- 4 Variances shall only be issued upon a The showing of good and sufficient cause, b A determination that failure to grant the variance would result in exceptional hardship to the applicant , and c A determination that the granting of the variance would not result in increased flood heights, additional threats to public safety, extraor- dinary public expense, nuisances, cause fraud on or victimization of the public as identified in this chapter, or conflict with existing local laws or ordinances 5 Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood level and that the cost of flood insurance will be commen- surate with the increased risk resulting from the reduced lowest floor elevation §52-6 Provisions for Flood Hazard Peduction A General Standards In all floodplains, the following standards are required 1 All construction and improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure 2 All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to -13- ground anchors Special require- ments shall be that a Over-the-top ties be provided at each of the four (4) corners of the mobile home with two (2) additional ties per side at intermediate loca- tions, with mobile homes more than fifty (50) feet long requiring one ( 1 ) additional tie per side, b Frame ties be provided at each corner of the home with five (5) additional ties per side at interme- diate points with mobile homes more than fifty (50) feet long requiring four (4) additional ties per side, c All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4 ,800) pounds, and d Any additions to the mobile home be similarly anchored 3 All construction and improvements shall be constructed with mater- ials and utility equipment resis- tant to flood damage 4 All construction and improvements shall be constructed using methods and practices that minimize flood damage 5 All new and replacement water supply systems shall be designed to minimize or eliminate infil- tratnon of flood waters into the system 6 New and replacement sanitary sewage systems shall be designed -14- to minimize or eliminate infil- tration of flood waters into the system and discharge from the systems into flood waters 7 On-site waste disposal systems shall be located to avoid impair- ment to them or contamination from them during flooding B General Standards Applicable to Subdivision Proposals In all floodplains, the following standards are required 1 All subdivision proposals shall be consistent with the need to minimize flood damage 2 All subdivision proposals shall have public utilities and facili- ties such as sewer, gas, electri- cal , and water systems located and constructed to minimize flood damage 3 All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage 4 Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres, which- ever is less C Specific Standards for Floodplains In all floodplains where base flood eleva- tion data has been provided as set forth in this chapter, the following standards are required 1 Construction or improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the regulatory flood protection elevation -15- 2 Construction or improvement of any commercial , industrial , or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the regulatory flood protection elevation, or together with attendant utility and sani- tary facilities, shall a Be floodproofed so that below the regulatory flood protection eleva- tion the structure is watertight with walls substantially imperme- able to the passage of water, b Have structural compo- nents capable of resist- ing hydrostatic and hydrodynamic loads and effects of bouyancy, and c Be certified to the Director of Public Works by a registered profes- sional engineer or architect that the standards of this sub- section are satisfied 3 Mobile homes shall only be allowed when constructed in accordance with the following conditions a Mobile homes shall be anchored in accordance with Section 52-6(a)(2), b For new mobile home parks and mobile home subdivi- sions, for expansions to existing mobile home parks and mobile home subdivisions, and for mobile homes not placed to a mobile home park or mobile home subdivision, the following require- ments shall apply -16- Stands or lots are elevated on compacted fill or on pilings so that the lowest f 1 o o r of the mobile home will be at or above the regula- tory flood protec- tion elevation , ii Adequate sur - face drainage and access for a hauler are pro- vided, and ill In the instance of elevation on pilings , that lots are large enough to permit steps , piling foundations are placed in stable soil no more than ten ( 10 ) feet apart, and rein- forcement is provided for pilings more than six (6) feet above the ground level c No mobile home shall be placed in a floodway except in an existing mobile home park or existing mobile home subdivision D Floodways Located within floodplains established in this chapter are areas designated as floodways Since the floodway is an extremely hazardous area due to the velo- city of flood waters that carry debris, potential projectiles, and erosion poten- tial , the following provisions shall apply -17- a 1 No encroachments including fill , construction, improvements, and other development shall be permitted unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge 2 If such a technical evaluation demonstrates that encroachments shall not result in the increase of the flood levels, all con- struction and improvements shall comply with all applicable flood hazard reduction provisions of this chapter 3 No placement of mobile homes except in an existing mobile home subdivision shall be permitted §52-7 Nonconforming Structures A structure which existed and was lawful before the passage of this chapter, but which is not in con- formity with the requirements of this chapter, may be continued notwithstanding the provisions of this chapter, subject to the following conditions A If a nonconforming structure is abandoned for twelve ( 12 ) consecutive months, the structure shall conform to the requirements of this chapter prior to any future use Intent to resume active operations shall not affect the foregoing B If any nonconforming structure is destroyed by any means, including floods, to an extent of fifty percent (50%) of its market value, such structure shall not be recon- structed, except in conformity with the provisions of this chapter C Any alteration, addition, or repair of the structural part of a nonconforming struc- ture involving a cost in excess of fifty ` percent (50%) of the market value of such structure shall be made only in conformity with the provisions of this chapter , provided that alterations, additions, or repairs made solely to assure safe living conditions in a dwellinq may be made without regard to this limitation -18- rr §52-8 Penalties for Noncompliance No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations Violations of the provisions of this chapter by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor Any person who violates this chapter or falls to comply with any of its requirements shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding three hundred dollars ($300) or by imprisonment not exceeding ninety (90) days, or both, for each violation in addition to the collection of any costs which may be provided for, unless a specific penalty is provided for a particular misdemeanor Each day that any violation of the provisions of this chapter occurs shall constitute a separate offense Nothing herein contained shall prevent the City of Fort Collins from taking such other lawful action as is necessary to prevent or remedy any violation Introduced, considered favorably on first reading, and ordered pub- lished this 5th day of June, A D 1979, and to be presented for final passage on the ip'� day of July , A D 1979 AT EST i City Clerk Passed and adopted on final reading this day of July , A D 1979 i iday r ATTEST C i t e r -19-