HomeMy WebLinkAbout037 - 04/20/2010 - AMENDING SECTION 10-80 OF THE CITY CODE TO PROHIBIT CERTAIN RESIDENTIAL AND MIXED-USE CONSTRUCTION O ORDINANCE NO. 037, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 10-80 OF THE CODE OF THE CITY OF FORT COLLINS
TO PROHIBIT CERTAIN RESIDENTIAL AND MIXED-USE CONSTRUCTION
ON PROPERTIES REMOVED FROM THE POUDRE RIVER FLOODPLAIN
THROUGH THE LOMR-FILL PROCESS
WHEREAS, pursuant to Federal Emergency Management Agency("FEMA") regulations,
properties may be removed from a regulated floodplain by the addition of fill, upon issuance by
FEMA of a Letter of Map Revision - Fill ("LOMR-Fill"); and
WHEREAS, staff has recommended that the City Code be amended to prohibit certain
activities in areas for which a LOMR-Fill has been issued, so as to preserve a level of safety
otherwise applicable in the Poudre River floodplain by prohibiting construction of structures that
would lead to persons sleeping in the floodplain; and
WHEREAS, the City Council desires to extend the protection otherwise provided within the
Poudre River floodplain to areas for which a LOMR-Fill is issued.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 10-80 of the Code of the City of Fort Collins is hereby amended to read as
follows:
Sec. 10-80. Removal of property from Poudre River flood fringe.
(a) Property located in the flood fringe of the Poudre River shall be removed
from the flood fringe if one (1) of the following conditions is satisfied, but shall
remain subject to the provisions of this Section:
(1) LOMR/PMR. A FEMA Letter of Map Revision (LOMR) or Physical Map
Revision (PMR) removing the property from the flood fringe based on
revised floodplain modeling and technical analysis has been issued and
remains in effect; or
(2) LOMR-F. A FEMA Letter of Map Revision based on Fill (LOMR-F)
removing the property from the flood fringe has been issued and remains in
effect. Upon issuance by FEMA of a LOMR-F removing the property from
the flood fringe, the following requirements and restrictions shall remain
applicable unless and until the LOMR-F is invalidated or superceded by
FEMA action:
a. Construction of any new residential or mixed-use structure is
prohibited.
b. Any addition to a residential or mixed-use structure is prohibited,
except that an addition to a mixed-use structure that results in
expansion of only nonresidential floors of said structure is allowed.
C. Any new structure, accessory structure, attached garage or addition,
substantial improvement or redevelopment must meet all
requirements applicable to construction in the Poudre River flood
fringe, including but not limited to the requirements of § 10-3.7,
except that:
1. 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).
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:
1. A manufactured home or mobile building may be replaced,
provided that the replacement manufactured home or mobile
building complies with all requirements applicable to
manufactured homes or mobile buildings in the Poudre River
flood fringe, including but not limited to the requirements of
§ 10-41.
2. Manufactured home parks and mobile building developments,
other than nonconforming manufactured mobile home parks
and mobile building developments are prohibited.
3. Expansion of a manufactured home park or a mobile building
development is prohibited.
(b) If the property removed from the flood fringe pursuant to Subsection (a) of
this Section remains in the five-hundred-year floodplain after such removal, any
development on the property shall comply with all requirements and prohibitions of
this Article pertaining to the five-hundred-year floodplain.
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Introduced, considered favorably on first reading, and ordered published this 6th day of
April, A.D. 2010, and to be presented for final passage on the 20t<Ay of April, A.D. 2010.
Mayo
ATTEST:
Ll
-City Clerk
Passed and adopted on final reading on the 20th day o pr' , A.D. 2010.
May
ATTEST:
City Clerk
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