The Legislature of the State of Colorado has, in Title 29, Article 20 of the Colorado Revised Statutes, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Cherry Hills Village, Colorado, does hereby adopt the floodplain management regulations of this Article.

(Ord. 7, §1, 2019)

(a)

Generally. The flood hazard areas of the City are subject to periodic inundation, which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the health, safety, and general welfare of the public.

(b)

Flood Loss Causes. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

(Ord. 7, §1, 2019)

It is the purpose of this Division 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 and generally undertaken at the expense of the general public;

(4)

Minimize prolonged business interruptions;

(5)

Minimize damage to critical facilities, infrastructure, and other public facilities such as water, sewer and gas mains; electric and communications stations; and streets and bridges located in floodplains;

(6)

Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and

(7)

Ensure that potential buyers are notified that property is located in a flood hazard area.

(Ord. 7, §1, 2019)

In order to accomplish its purposes, this ordinance uses the following methods:

(1)

Restrict or prohibit uses that are dangerous to health, safety, or property in times of flood, or cause excessive increases in flood heights or velocities;

(2)

Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

(3)

Control the alteration of natural floodplains, stream channels, and natural protective barriers that are involved in the accommodation of flood waters;

(4)

Control filling, grading, dredging, and other development that may increase flood damage;

(5)

Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or that may increase flood hazards to other lands.

(Ord. 7, §1, 2019)

This Division shall apply to all Special Flood Hazard Areas and to areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill ("LOMR-F") within the jurisdiction of Cherry Hills Village, Colorado.

(Ord. 7, §1, 2019)

The Special Flood Hazard Areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for the City of Cherry Hills Village, Colorado," dated December 17, 2010, and the Flood Insurance Rate Map for Arapahoe County, Colorado and Incorporated Areas, Revised December 17, 2010 and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance through and including April 10, 2024. Effective April 11, 2024, the Special Hazard Areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "Flood Insurance Study for Arapahoe County, Colorado and Incorporated Areas," dated, April 11, 2024, and accompanying Flood Insurance Rate Map, and any revisions thereto, are hereby adopted by reference and declared to be a part of this ordinance. These Special Flood Hazard Areas ("SFHAs") identified by the Flood Insurance Study ("FIS") and attendant mapping are the minimum area of applicability of this ordinance and may be supplemented by studies designated and approved by the City Council. The Floodplain Administrator shall keep a copy of the FIS, Digital Flood Insurance Rate Maps ("DFIRMs"), Flood Insurance Rate Maps (FIRMs), and/or Flood Boundary-Floodway Maps ("FBFMs") on file and available for public inspection.

(Ord. 7, §1, 2019; Ord. 5, §1, 2020; Ord. 2, §1, 2024)

A Floodplain Development Permit shall be required to ensure conformance with the provisions of this Division. The scope of activities that may be permitted by Floodplain Development Permit is limited by Section 16-7-360, Floodplain Development Permit.

(Ord. 7, §1, 2019)

No building, structure, or land shall hereafter be located, altered (including construction of berms), or have its use changed within the Special Flood Hazard Area or area removed from the floodplain by the issuance of a LOMR-F without full compliance with the terms of this Division and other applicable regulations. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation. These regulations meet (at least) the minimum requirements as set forth by the Colorado Water Conservation Board and the National Flood Insurance Program.

(Ord. 7, §1, 2019)

This Division is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Division and another ordinance, easement, covenant, or deed restriction (where same are enforceable by the City) conflict or overlap, whichever imposes the most stringent restrictions shall prevail.

(Ord. 7, §1, 2019)

In the interpretation and application of this Division, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under State statutes.

(Ord. 7, §1, 2019)

(a)

Warning. The degree of flood protection required by this Division is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Greater floods can and will occur, and flood heights may be increased by man-made or natural causes.

(b)

Disclaimer of Liability. This Division does not imply that land outside the special flood hazard area, areas covered by a LOMR-F, or uses permitted within such areas, will be free from flooding or flood damages. This Division shall not create liability on the part of the City of Cherry Hills Village or any official or employee thereof for any flood damages that may result from reliance on this Division or any administrative decision lawfully made hereunder.

(Ord. 7, §1, 2019)

This Division and the various parts thereof are hereby declared to be severable. Should any section of this Division be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Division or this Chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 7, §1, 2019)

In all special flood hazard areas the following provisions are required for all new construction and substantial improvements:

(1)

All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2)

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(3)

All new construction or substantial improvements shall be constructed with materials resistant to flood damage.

(4)

All new construction or 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.

(5)

All manufactured homes shall be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to other applicable State and City anchoring requirements for resisting wind forces.

(6)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

(7)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters.

(8)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(Ord. 7, §1, 2019)

(a)

Generally. The provisions of this Section apply in all Special Flood Hazard Areas where base flood elevation data has been provided as set forth in:

(1)

Section 16-5-120, Basis for Establishing the Special Flood Hazard Area;

(2)

Section 16-7-50, Floodplain Administrator; or

(3)

Section 16-5-270, Standards for Subdivision Proposals.

(b)

Residential Construction. New construction and substantial improvement of any residential building or structure shall have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated to one (1) foot above the base flood elevation. Upon completion of the building or structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado Professional Engineer, architect, or land surveyor. Such certification shall be submitted to the Floodplain Administrator.

(c)

Nonresidential Construction.

(1)

With the exception of critical facilities, outlined in Section 16-5-280, Standards for Critical Facilities, new construction and substantial improvements of any commercial or other nonresidential structure shall either have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated to one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that at one (1) foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(2)

A registered Colorado Professional Engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. Such certification shall be maintained by the Floodplain Administrator, as provided in Section 16-7-50, Floodplain Administrator.

(d)

Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered Colorado Professional Engineer or architect or meet or exceed the following minimum criteria:

(1)

A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.

(2)

The bottom of all openings shall be no higher than one (1) foot above grade.

(3)

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(e)

Manufactured Homes. All manufactured homes that are placed or substantially improved within special flood hazard areas designated A1-30, AH, or AE, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), are elevated to one (1) foot above the base flood elevation and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(f)

Recreational Vehicles.

(1)

All recreational vehicles placed on sites within special flood hazard areas A1-30, AH, or AE shall:

a.

Be on the site for fewer than one hundred eighty (180) consecutive days;

b.

Be fully licensed and ready for highway use; or

c.

Meet the permit requirements of Section 16-7-360, Floodplain Development Permit, and the elevation and anchoring requirements for "manufactured homes" in subsection (e), above.

(2)

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

(g)

Prior Approved Activities. Any activity for which a Floodplain Development Permit was issued by the City, or a CLOMR was issued by FEMA prior to the effective date of this Chapter may be completed according to the standards in place at the time of the permit or CLOMR issuance and will not be considered in violation of this Division if it meets such standards.

(Ord. 7, §1, 2019)

(a)

Generally. Located within the Special Flood Hazard Area established in Section 16-5-120, Basis for Establishing the Special Flood Hazard Area, may be areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) 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; therefore, the provisions of this Section apply.

(b)

Residential Construction. All new construction and Substantial Improvements of residential structures must have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated above the highest adjacent grade at least one (1) foot above the depth number specified in feet on the City's FIRM (at least three (3) feet if no depth number is specified). Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado Professional Engineer, architect, or land surveyor. Such certification shall be submitted to the Floodplain Administrator.

(c)

Nonresidential Construction.

(1)

With the exception of Critical Facilities, outlined in Section 16-5-280, Standards for Critical Facilities, all new construction and Substantial Improvements of non-residential structures, must have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated above the highest adjacent grade at least one (1) foot above the depth number specified in feet on the City's FIRM (at least three (3) feet if no depth number is specified), or together with attendant utility and sanitary facilities, be designed so that the structure is watertight to at least one (1) foot above the base flood level with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. A registered Colorado Professional Engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section are satisfied. SeeSec. 16-7-360, Floodplain Development Permit.

(2)

Within Special Flood Hazard Areas AH or AO, adequate drainage paths around buildings and structures on slopes are required to guide flood waters around and away from proposed buildings and structures.

(Ord. 7, §1, 2019)

(a)

Generally. Floodways are administrative limits and tools used to regulate existing and future floodplain development. The State of Colorado has adopted floodway standards that are more stringent than the FEMA minimum standard (see definition of "Floodway" in Section 16-9-130, Definitions). Located within the special flood hazard areas established in Section 16-5-120, Basis for Establishing the Special Flood Hazard Area, may be areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the provisions of this Section shall apply.

(b)

Encroachments Prohibited; Exceptions.

(1)

Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed by a licensed Colorado Professional Engineer and in accordance with standard engineering practice that the proposed encroachment would not result in any increase (requires a No-Rise Certification) in flood levels within the community during the occurrence of the base flood discharge.

(2)

If subsection (b)(1), above, is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Article 5.

(3)

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, the City may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the City first applies for a CLOMR and floodway revision through FEMA.

(Ord. 7, §1, 2019)

For all proposed developments that alter a watercourse within a special flood hazard area, the following standards apply:

(1)

Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition, and channel migration and properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity. A detailed analysis of sediment transport and overall channel stability should be considered, when appropriate, to assist in determining the most appropriate design.

(2)

Channelization and flow diversion projects shall evaluate the residual 100-year floodplain.

(3)

Any channelization or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable Federal, State and local floodplain rules, regulations, and ordinances.

(4)

Any stream alteration activity shall be designed and sealed by a registered Colorado Professional Engineer or Certified Professional Hydrologist.

(5)

All activities within the regulatory floodplain shall meet all applicable Federal, State, and City floodplain requirements and regulations.

(6)

Within the regulatory floodway, stream alteration activities shall not be undertaken unless the project proponent demonstrates through a floodway analysis and report, sealed by a registered Colorado Professional Engineer, that there is not more than a 0.00-foot rise in the proposed conditions compared to existing conditions resulting from the project (otherwise known as a "No-Rise Certification"), unless the City first applies for a CLOMR and Floodway revision in accordance with Section 16-5-240, Floodways.

(7)

Maintenance shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished.

(Ord. 7, §1, 2019)

(a)

Generally. A Floodplain Development Permit shall not be issued for the construction of a new building or structure or addition to an existing building or structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill ("LOMR-F"), unless such new building or structure or addition complies with the standards of this Section.

(b)

Residential Construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one (1) foot above the base flood elevation that existed prior to the placement of fill.

(c)

Nonresidential Construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one (1) foot above the base flood elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one (1) foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

(Ord. 7, §1, 2019)

(a)

All subdivision proposals shall be designed to be reasonably safe from flooding. If a subdivision or other development proposal is in a flood-prone area, the proposal shall minimize flood damage.

(b)

All proposals for the development of subdivisions shall meet Floodplain Development Permit requirements of Section 16-5-130, Establishment of Floodplain Development Permit; Section 16-7-360, Floodplain Development Permit; and the provisions of this Division 3, Flood Hazard Reduction.

(c)

Base flood elevation data shall be generated for subdivision proposals and other proposed development that is greater than fifty (50) lots or five (5) acres, whichever is less, if not otherwise provided pursuant to Section 16-5-120, Basis for Establishing the Special Flood Hazard Area, or Section 16-7-50, Floodplain Administrator.

(d)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(e)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

(Ord. 7, §1, 2019)

(a)

Generally. A Critical Facility is a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.

(b)

Classification of Critical Facilities. It is the responsibility of the City Council to identify and confirm whether specific structures in the City meet the criteria of this Section. Critical Facilities are classified under the following categories: (1) Essential Facilities; (2) Hazardous Materials; (3) At-risk Populations; and (4) Vital to Restoring Normal Services.

(1)

Essential Facilities.

a.

Included in the Essential Facilities Category. Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines. These facilities consist of:

i.

Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and, emergency operation centers);

ii.

Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and non-ambulatory surgical structures but excluding clinics, doctors' offices, and non-urgent care medical structures that do not provide these functions);

iii.

Designated emergency shelters;

iv.

Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio, and other emergency warning systems, but excluding towers, poles, lines, cables, and conduits);

v.

Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines); and

vi.

Air Transportation lifelines (airports (municipal and larger), helicopter pads and structures serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangars)).

b.

Specific Exemptions from Essential Facilities Category. Specific exemptions to this category include wastewater treatment plants ("WWTP"), non-potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.

c.

Potential Exemptions from Essential Facilities Category. Public utility plant facilities may be exempted if it is demonstrated to the satisfaction of the City that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with the provisions of this Article, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the City on an as-needed basis upon request.

(2)

Hazardous Materials Facilities.

a.

Included in the Hazardous Materials Facilities Category. Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials. These facilities may include:

i.

Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);

ii.

Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;

iii.

Refineries;

iv.

Hazardous waste storage and disposal sites; and

v.

Above ground gasoline or propane storage or sales centers.

b.

Application of Threshold Limits. Facilities shall be determined to be Critical Facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration ("OSHA") to keep a Material Safety Data Sheet ("MSDS") on file for any chemicals stored or used in the work place, AND the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity ("TPQ") for that chemical, then that facility shall be considered to be a Critical Facility. The TPQ for these chemicals is: either five hundred (500) pounds or the TPQ listed (whichever is lower) for the three hundred fifty-six (356) chemicals listed under 40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances ("EHS"); or ten thousand (10,000) pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental Protection Agency ("EPA") regulation "Designation, Reportable Quantities, and Notification," 40 C.F.R. § 302 (2010) and OSHA regulation "Occupational Safety and Health Standards," 29 C.F.R. § 1910 (2010) are incorporated herein by reference and include the regulations in existence on the effective date of this Article, but exclude later amendments to or editions of the regulations.

c.

Specific Exemptions from Hazardous Materials Category. Specific exemptions to this category include:

i.

Finished consumer products within retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use.

ii.

Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the City by hazard assessment and certification by a qualified professional (as determined by the City) that a release of the subject hazardous material does not pose a major threat to the public.

iii.

Pharmaceutical sales, use, storage, and distribution centers that do not manufacture pharmaceutical products.

These exemptions shall not apply to buildings or other structures that also function as Critical Facilities under another category outlined in this Article.

(3)

At-Risk Population Facilities. At-risk population facilities include medical care, congregate care, and schools. These facilities consist of:

a.

Elder care (nursing homes);

b.

Congregate care serving twelve (12) or more individuals (day care and assisted living);

c.

Public and private schools (pre-schools, K-12 schools, before-school and after-school care serving twelve (12) or more children);

(4)

Vital to Restoring Normal Services Facilities.

a.

Included in the Vital to Restoring Normal Services Facilities Category. Facilities vital to restoring normal services including government operations. These facilities consist of:

i.

Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers); and

ii.

Essential structures for public colleges and universities (dormitories, offices, and classrooms only).

b.

Potential Exemptions from Vital to Restoring Normal Services Category. The facilities listed in subsection (a)(4)a., above, may be exempted if it is demonstrated to the City Council that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this ordinance, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the City Council on an as-needed basis upon request.

(c)

Protection for Critical Facilities. All new and substantially improved Critical Facilities and new additions to Critical Facilities located within the special flood hazard area shall be regulated to a higher standard than structures not determined to be Critical Facilities. For the purposes of this ordinance, protection shall include one (1) of the following:

(1)

Location outside the special flood hazard area; or

(2)

Elevation of the lowest floor or floodproofing of the structure, together with attendant utility and sanitary facilities, to at least two (2) feet above the base flood elevation.

(d)

Ingress and Egress for New Critical Facilities. New Critical Facilities shall, when practicable as determined by the City Council, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.

(Ord. 7, §1, 2019)