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HomeMy WebLinkAbout040 - 08/05/1975 - PROVIDING FLOOD HAZARD AREA REGULATIONS t s� 1, ORDINANCr NO 40 1975 BEING AN OhDINANCE PROVIDING rLOOD HAZtRD AREA REGULATIONS Section 1 Statement of Purpose It is the purpose of this ordinance to promote public health, safety and general welfare and to minimize flood losses by provi- sions designed to A Protect human life and health B Minimize public and private property damage C Lessen public expenditures for flood relief and flood control projects D Control flood plain uses which acting alone or in combination with other uses will cause damaging flood heights and velocities or obstruct flows E Control development which will, when acting alone or in combination with similar development cause flood losses if public streets , sewer, water and other utilities must be extended below the flood level to serve the development F Protect the natural areas required to convey flood flows and retain slow flow characteristics This ordinance is a remedial ordinance and its provisions shall be liberally construed to effectuate the foregoing purposes Section 2 Definitions For the purposes of this ordinance the following words or phrases shall have the meanings and be defined as hereinafter r � set forth A CHANNEL A natural or artificial water course or drainway with perceptibly defined beds and banks to confine and conduct continuously or periodically, a flow of water B CHANNEL FLOW That water which is flowing within the limits of a defined channel C DRAINWAY or DRAINAGEWAY A natural or artificial land surface depression with or without perceptibly defined beds and banks to which surface run-off gravitates and collectively forms a flow of water continuously or intermittently in a definite direction D FILL A deposit of materials of any kind placed by artificial means E FLOOD FRINGE That portion of the flood plain between the floodway district boundary and the upper limits of the intermediate regional flood The flood fringe is the low hazard portion of a drainway channel or water course outside of the floodway portion F FLOODWAY The unobstructed portion of the flood plain consisting of the stream channel and overbank areas capable of conveying the flood discharge and keeping it within designated heights and velocities The floodway is the high hazard portion of a drainway channel or water course which is reasonably required to carry and discharge the intermediate regional flood G FLOOD Temporary rise of water in a natural drainway -2- or water course which results in inundation of adjoining lands not ordinarily covered by water H FLOOD PROFILE A graph or longitudinal profile showing the relationship of the water surface elevation of a flood event to location along a stream or river I FLOODPROOFING A combination of structural provi- sions changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties water and sanitary facilities structures and contents of buildings in a flood hazard area J INTERMEDIATE REGIONAL FLOOD A flood flow the magnitude of which is expected to occur on the average of a 100-year frequency or has a 17 chafce of being equally or exceeded during any one year K OBSTRUCTION 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 water course which may impede retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or that is placed where the flow of water might carry the same downstream to the damage of life and property L OFFICIAL FLOOD PLAIN MAP The map adopted by this ordinance which indicates flood hazard areas within the City of Fort Collins and as amended -3 - M REGULATORY FLOOD PROTECTION ELEVATION An elevation of not less than one foot-six inches above the water surface elevation associated with the intermediate regional flood N STRUCTURE That which is built or constructed any production or piece of work or edifice artificially built up or composed of parts adjoined together in some definite manner A structure shall include but is not limited to the following Any building or parts of buildings including foundations piers and the like fences of any type utility lines poles and the like and any other type of constructive improvements but not including dirt fill Section 3 Official Flood Plain Map A Establishment of Official Flood Plain Map The official flood plain map together with all explanatory matter thereon which is attached hereto is hereby adopted by reference and declared to be a part of this ordinance A copy of the official flood plain map as amended from time to time shall be on file in the office of the City Clerk of the City of Fort Collins B Lands to Which Ordinance Applies The official flood plain map delineates areas designated as the floodway district and the flood fringe district The floodway district is that area which constitutes the floodway of a drainway channel or water course The flood fringe district is that area which constitutes the flood fringe of a drainway channel or water course This ordinance sets forth regulations governing -4- I I the use of areas within the designated floodway district and flood fringe district C Uses Within District 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 floodway district or the flood fringe district as defined by this ordinance shall conform to and meet all requirements for such districts as hereinafter set forth D Amendment of Official Flood Plain Map The City Council may from time to time amend the official flood plain map established by this ordinance upon petition of the owner of any property within a floodway district or flood fringe district or upon the initiative of the City Council Before making any amendments to the official flood plain map the City Council shall review all pertinent engineering data submitted to it relating to flood hazards in the area affected and amendments shall be made consistent with the purposes of this ordinance D Warning and Disclaimer of Liability The degree of flood protection requited by this ordinance is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study Floods of greater magnitude than the intermediate regional flood may occur on rareroccasions or flood heights may be increased by man-made or natural causes such as ice jams and bridge openings restricted by debris -5- This ordinance does not imply that areas outside of the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages This ordinance shall not create liability on the part of the City of Fort Collins or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder Section 4 Floodway District No land located within the floodway district as designated herein shall be used for any purpose other than those listed herein and only to the extent such uses are permitted uses under the zoning ordinance of the City of Fort Collins and are not prohibited by any other ordinance of the City Except as per- mitted under Part B hereof no structure fill or storage of materials or equipment shall occur on any land within the flood- way district in connection with any permitted use A Uses Not Requiring Special Reveiw Subject to the limitations of the zoning ordinance or other ordinances of the City the following uses shall be permitted 1 Private and public recreational uses such as golf courses driving ranges archery ranges picnic grounds swimming areas parks wildlife and nature preserves game farms fish hatcheries shooting preserves target ranges trap and skeet ranges hunting and fishing areas hiking and horseback riding trails -6- y � t 2 Agricultural uses 3 Uses which are accessory to residential uses , such as lawns gardens , parking areas and play areas E Special Review Uses The following uses which involve structures (temporary or permanent) or storage of materials or equipment may be permitted after special review and approval by the City Council and upon compliance with all of the requirements of Section 6 of this ordinance 1 Uses permitted under Part A of this section but utilizing structures fill or storage of materials or equipment 2 Temporary roadside stands signs for identification 3 Extraction of sand gravel and other materials 4 Railroads streets bridges , utility trans- mission lines and pipelines 5 Other uses similar in nature to the uses above set forth C Standards for Floodway Special Review Uses In determining whether to grant a permit for any special review use the City Council and any administrative officer of the City making recommendations to the City Council on a proposed use shall be governed by the following 1 All Uses No structure (temporary or permanent) deposit obstruction storage or materials or equipment or any -7- other use shall be allowed as a special permit use which acting alone or in combination with existing or future uses unduly affects the capacity of the floodway or unduly increases flood heights Consideration of any request for a special review use shall be based upon the cumulative effects from an equal degree of encroachment extending for a significant reach on both sides of the stream 2 Structures a No structure in this district shall be utilized for human habitation b All structures in this district shall have a low flood-damage potential c Any structure permitted in this district shall be constructed and placed on the building site so as tv offer the minimum obstruction to the flow of flood waters d All structures constructed in this district shall be firmly anchored to prevent flotation which may result in damage to other structures , restrictions of bridge openings and restrictions of other narrow sections of the stream or river e All service facilities to structures in this district such as electrical and heating equipment shall be constructed at or above the regulatory flood protection elevation for that area or shall be floodproofed 3 Storage of Material and Equipment a Within this district the storage or processing of materials or equipment that are buoyant flammable explosive or for other reasons could be injurious to human animal or plant life shall be prohibited -8- b Within this district the only materials or equipment which shall be stored shall be those which are not subject to major damage by floods and all such materials or equipment shall be firmly anchored to prevent flotation 4 Water Supply and Sanitary Sewer Systems Within this district water supply systems and sanitary sewage systems shall be designed in such way as to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters On-site waste disposal systems shall be located so as to avoid inpairment of the same or contamination from them during flooding Section 5 Flood Fringe District A Permitted Uses Any use permitted by the zoning ordinance of the City and not prohibited by any other ordinance of the City shall be permitted within this district subject to the restrictions hereinafter set forth B Structures Any structure erected within this district shall be placed on fill so that the lowest floor of the structure is above the regulatory flood protection elevation The fill shall be a point no lower than the regulatory flood protection elevation for the particular area and shall extend at such elevation at least fifteen feet beyond the limits of any structure or building erected thereon C Public Improvements Notwithstanding any other provision contained in this ordinance within this district -9- streets bridges and utility lines may be constructed and installed below the regulatory flood protection elevation provided that the same are reviewed and approved by the City Manager or his designated representative In the event the City Manager refuses a permit for any such installation the person requesting the same may apply to the City Council for a permit to install the proposed improvement as a special review use D Special Review Uses In cases where existing streets or utilities are at elevations which make compliance with the requirements of Section 4B above impractical or in any other case where because of the particular conditions of any site a hardship would be imposed on the property owner to require compliance with the provisions of Part B above the owner of property within this district may apply to the City Council for permission to erect the structure below the regulatory flood protection elevation Such application shall be made and processed in accordance with the provisions of Section 6 of this ordinance Notwithstanding the foregoing in no case shall any portion of a residence designed to be occupied by humans be located below the regulatory flood protection elevation Section 6 Special Review No special review permit shall be granted by the City Council except in accordance with and upon compliance with the require- ments of this section A Application for a special review permit shall be made to the Director of Engineering Services upon a form supplied -10- � � r by such office The Director of Engineering Services may require such information regarding the application as he deems necessary to process the same Such information may include but is not limited to the following 1 Up to five (5) copies of the plans for the proposed project drawn to scale showing the nature location dimensions and elevation of the lot existing or proposed structures existing or proposed fill information regarding storage of materials information regarding any proposed flood- proofing measures and the relationship of the above to location of the channel floodway and flood protection elevation 2 A typical valley cross-section showing the channel of the stream the elevation of land areas adjoining each side of the channel cross-sectional areas to be occupied by the proposed development and high water information 3 Plans (surface view) showing two foot contours of the ground pertinent structure fall or storage elevations size location and spatial arrangement of all proposed and existing structures on the site location and elevation of streets water supplies sanitary facilities photographs showing existing land uses and vegetation upstream and down- stream soil types and other pertinent information 4 A profile showing the slope of the bottom of the channel or flowline of the stream 5 Specifications for building construction -11- and materials , floodproofing, filling dredging grading channel improvement storage of materials , water supply and sanitary facilities C The Director of Engineering Services shall review the application and shall forward the same to the City Council together with a report setting forth his recommendation on the application including the reasons for such recommendation and any conditions which he recommends be imposed in approving the application D Upon receipt of the application and the report of the Director of Engineering Services the City Council shall schedule a hearing on the application and shall give the applicant written notice of the date and time of such hearing at least two days before the date of the same E After the hearing the City Council shall act upon the application and shall either grant the same grant the same with additional conditions or deny the same F The Director of Engineering Services in making recommendations on applications and the City Council in passing on such applications shall consider all relevant factors set forth in this ordinance and all other pertinent matters bearing on the application including but not limited to the following 1 The danger to life and property due to increased flood heights or velocities caused by encroachments 2 The danger that materials may be swept on to -12- other lands or downstream to the injury to others 3 The proposed water supply and sanitation systems and the ability of these systems to prevent the spread of disease, contamination and unsanitary conditions d The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the owners of such facility 5 The requirements of the facility for a location in the area applied for 6 The availability of alternate locations for the proposed use not subject to flood hazards or subject to lesser flood hazards 7 The compatibility of the proposed use with existing development and development anticipated in the fore- seeable future in compliance with the ordinances and plans of the City 8 The relationship of the proposed use to the comprehensive plan of the City and to the Flood Plain Management Program for the area 9 The safety of access to the property in times of flood by ordinary and emergency vehicles 10 The expected heights velocity duration rate of rise and sediment transport of flood waters expected at the site G In acting upon an application the City Engineer -13- i may recommend conditions to the approval of the application and the City Council may adopt such conditions Such conditions , by way of illustration but not limitation may include the following 1 Modification of waste disposal and water supply facilities 2 Limitations on periods of use and operation 3 Imposition of operational controls 4 Requirements for construction of channel modifications dikes levies and other protective measures 5 Protection from erosion in areas that have been filled 6 Special design and construction of bridges so as to allow the passage of flood waters over the structure or so as to give way and disintegrate in the path of the flood 7 Flood proofing measures designed consistent with the flood protection elevation for the particular area and consistent with anticipated flood velocities , durations rate of rise hydrostatic and hydronamic forces and other factors anticipated with the regulatory flood Such flood- proofing measures by way of illustration but not limitation may include the following a Anchorage to resist flotation and lateral movement b Installation of water-tight doors bulk -14- heads and shutters or similar methods of construction c Reinforcement of walls to resist water pressures d Use of paints , membranes or mortars to reduce seepage of water through walls e Addition of mass or weight to structures to resist flotation f Installation of pumps to lower water level in structures g Construction of water supply and waste treatment systems so as to prevent the entrance of flood waters h Installation of pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation, wall and basement flood pressures i Construction to resist rupture or collapse caused by water pressure or floating debris J Installation of valves or controls on sani- tary and storm drains which will permit the drains to be closed to prevent back up of sewage and storm waters into the buildings or structures Gravity draining of basements may be eliminated by mechanical devices k Location of all electrical equipment circuits and installed electrical appliances in a manner which they will assure that /are not subject to flooding and so as to provide protection from inundation by the regulatory flood -15- 1 Location of any structural storage facilities for chemicals explosives buoyant materials flammable liquids or other toxic materials which could be hazardous to public health safety and welfare in a manner which will assure that the facilities are situated at elevations above the heights associated with the regulatory flood protection elevation or are adequately flood-proofed to prevent flotation of storage containers which could result in the escape of toxic materials into flood waters The Director of Engineering Services in receiving applications for special review uses contemplating such flood- proofing measures may require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures contemplated are consistent with the regulatory flood protection elevation and associated flood factors for the particular area Section 7 Building Inspector The Building Inspector shall issue no permit for the construction of any improvements on any land located in the flood-fringe district or the floodway district not permitted by this ordinance In the case of any use requiring a special review permit he shall issue no building permit until the special review permit has been issued by the City Council Section 8 Nonconforming Uses A structure or the use of a structure or premises which -16- existed and was lawful before the passage of this ordinance but which is not in conformity with the requirements of this ordinance may be continued notwithstanding the provisions of this ordinance subject to the following conditions A If such use is discontinued for twenty-four (24) consecutive months any future use shall conform to the require- ments of this ordinance B If any nonconforming structure is destroyed by any means including floods to an extent of fifty percent (507) or more of its assessed value as shown on the latest records of the County Assessor such structure shall not be reconstructed except in conformity with the provisions of this ordinance C Any alteration addition or repair to a noncon- forming structure involving a cost of in excess of twenty-five percent (257) of the assessed value of the structure shall be made only in conformity with the provisions of this ordinance Section 9 Safety Clause The City Council hereby declares that should any section paragraph sentence word or other portion of this ordinance be declared invalid for any reason such invalidity shall not affect any other portion of the ordinance and the City Council hereby declares that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion which may be declared invalid -17- il J Introduced considered favorably upon first reading and ordered published this 15th day of July A D 1975 and to be presented for final passage on the 5th day of August A D 1975 ATTEST ayor City Clerk Passed and adopted on final reading this 5th day of August A D 1975 ATTEST ayor r Ay C er Note--the official flood plain map- adopted by this ordinance is not published with the ordinance but a copy of the map is available in the office of the City Clerk for inspection -18-