(a)   Statutory authorization. The State Legislature has, in C.R.S. Title 29, Article 20,, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Board of Trustees does hereby adopt the following floodplain management regulations as an emergency ordinance.

   (b)   Findings of fact.

      (1)   The flood hazard areas of the City of Creede 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.

      (2)   These flood losses are created by the cumulative effect of obstructions in floodplains that 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.

   (c)   Statement of purpose. It is the purpose of this Article 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)   Insure that potential buyers are notified that property is located in a flood hazard area.

   (d)   Methods of reducing flood losses. In order to accomplish its purposes, this Article 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, which are involved in the accommodation of floodwaters;

      (4)   Control filling, grading, dredging and other development which may increase flood damage;

      (5)   Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

(Ord. 459, 2025)

   Unless specifically defined below, words or phrases used in this Article shall be interpreted to give

them the meaning they have in common usage and to give this Article its most reasonable application.    

   Area of shallow flooding means a designated Zone AO or AH on a community's Flood Insurance Rate Map (FIRM) with a one-percent (1%) chance or greater annual chance of flooding to an average depth 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.

does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

      (1)   Built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X and D, to have the top of the elevated floor above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and

      (2)   Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.

      (1)   The overflow of water from channels and reservoir spillways;

      (2)   The unusual and rapid accumulation or runoff of surface waters from any source; or

      (3)   Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over

the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current).

   Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.

      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

      (3)   Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of Interior; or

      (4)   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

         a.   By an approved state program as determined by the Secretary of the Interior; or

         b.   Directly by the Secretary of the Interior in states without approved programs.

provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner, and includes information such as physical data (melting point, boiling point, flash point, and the like), toxicity, health effects, first aid. reactivity, storage, disposal, protective equipment and spill-handling procedures.

   No-rise certification means a record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A no-rise certification must be supported by technical data and signed by a professional engineer registered in Colorado. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM).

      (1)   Built on a single chassis;

      (2)   Four hundred (400) square feet or less, when measured at the largest horizontal projections;

      (3)   Designed to be self-propelled or permanently towable by a light duty truck; and

      (4)   Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

      (1)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary conditions; or

      (2)   Any alteration of a historic structure, provided that the alteration will not preclude its continued designation as a historic structure.

(Ord. 459, 2025)

   (a)   Lands to which this Article applies. This Article shall apply to all special flood hazard areas and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F) within the jurisdiction of the City.

   (b)   Basis for establishing the special flood hazard areas. The special flood hazard areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, “The Flood Insurance Study for Mineral County, Colorado and Incorporated Area," dated July 8, 2025, with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this Article. These special flood hazard areas identified by the FIS and attendant mapping are the minimum area of applicability of this Article and may be supplemented by studies designated and approved by the Board of Trustees. The Floodplain Administrator shall keep a copy of the Flood Insurance Study (FIS), DFIRMs, FIRMs and/or FBFMs on file and available for public inspection.

   (c)   Establishment of floodplain development permit. A floodplain development permit shall be required to ensure conformance with the provisions of this Article.

   (d)   Compliance. No structure or land shall hereafter be located, altered or have its use changed within the special flood hazard area without full compliance with the terms of this Article and other applicable regulations. Nothing herein shall prevent the Board of Trustees from taking such lawful action as is necessary to prevent or remedy any violation. These regulations meet the minimum requirements as set forth by the Colorado Water Conservation Board and the National Flood Insurance Program.

   (e)   Abrogation and greater restrictions. This Article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Article and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

   (f)   Interpretation. In the interpretation and application of this Article, 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.

   (g)   Warning and disclaimer of liability. The degree of flood protection required by this Article is considered a reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Article does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This Article shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder.

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

(Ord. 459, 2025)

   The flood damage prevention regulations of this Article shall apply to all areas of special flood hazards (ASFH) within the jurisdiction of Creede. The Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA) serves as the basis for establishing the ASFH and is adopted by reference. The most recent version of the FIRM received by the City is on file with the City Clerk.

(Ord. 395 §3, 2016; Ord. 398 §2, 2016)

   (a)   General standards. 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, 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 applicable state and local anchoring requirements for resisting wind forces;

      (6)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

      (7)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and

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

   (b)   Specific standards. In all special flood hazard areas where base flood elevation data has been provided as set forth in (i) §9-7-30(b), (ii) §9-7-40(b)(7) or (iii) §9-7-50(g), the following provisions are required.

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

      (2)   Nonresidential construction.

         a.   With the exception of critical facilities, outlined in §9-7-50(h), new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement), electrical, heating, ventilation, plumbing, 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, shall 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 the effects of buoyancy.

         b.   A professional engineer or architect registered in Colorado 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. The certification shall be maintained by the Floodplain Administrator, as proposed in §9-7-40(c).

      (3)   Enclosures.

         a.   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.

         b.   Designs for meeting this requirement must either be certified by a professional engineer or architect registered in Colorado, or meet or exceed the following minimum criteria:

            i.   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.

      (4)   Manufactured homes.

         (a)   All manufactured homes that are placed or substantially improved within Zones A1-30, AH and AE on the community’s FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which manufactured home has incurred "substantial damage" as a result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, 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.

         (b)   All manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of Subsection (a), shall be elevated so that either:

            1.   The lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities (including ductwork) are one (1) foot above the base flood elevation; or

            2.   The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade, and are securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

      (5)   Recreational vehicles.

         a.   All recreational vehicles placed on sites within Zones Al-30, AH and AE on the community's FIRM shall either:

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

            2.   Be fully licensed and ready for highway use; or

            3.   Meet the permit requirements of §9-7-40(c), and the elevation and anchoring requirements for manufactured homes in Subsection(b)(4) of this Section.

      (6)   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 June 3, 2025, 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 Article if it meets such standards.

   (c)   Standards for areas of shallow flooding (AO/AH Zones). Located within the special flood hazard areas established in §9-7-30(b) are 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 following provisions apply.

      (1)   Residential construction. All new construction and substantial improvements of residential structures must have the lowest floor (including basement), electrical, heating, ventilation, plumbing, 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 community’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 professional engineer, architect or land surveyor registered in Colorado. The certification shall be submitted to the Floodplain Administrator.

      (2)   Nonresidential construction.

         a.   With the exception of critical facilities, outlined in §9-7-50(h), all new construction and substantial improvements of non-residential structures, must have the lowest floor (including basement), electrical, heating, ventilation, plumbing, 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 community's FIRM (at least three (3) feet if no depth number is specified), or, together with attendant utility and sanitary facilities,

shall 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 and the effects of buoyancy. A professional engineer or architect registered in Colorado shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in §9-7-40(c) are satisfied.

         b.   Within Zones AH or AO, adequate drainage paths around structures on slopes are required to guide floodwaters around and away from proposed structures.

      (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 professional engineer licensed in Colorado, 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 §9-7-50(d)(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §9-7-50.

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

   (E)   Alteration of a watercourse. 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 must 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 professional engineer registered in Colorado or certified professional hydrologist.

      (5)   All activities within the regulatory floodplain shall meet all applicable federal, state and the city floodplain requirements and regulations.

      (6)   Within the regulatory floodway, stream alteration activities shall not be constructed unless the project proponent demonstrates through a floodway analysis and report, sealed by a professional engineer registered in Colorado, that there is not more than a zero (0.00)-foot rise in the proposed conditions compared to existing conditions floodway resulting from the project, otherwise known as a no-rise

certification, unless the community first applies for a CLOMR and floodway revision in accordance with §9-7-40.

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

   (f)   Properties removed from the floodplain by fill. A floodplain development permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), unless the new structure or addition complies with the following.

      (1)   Residential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, 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.

      (2)   Nonresidential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, 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, must 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 and the effects of buoyancy.

   (g)   Standards for subdivision proposals.

      (1)   All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall be reasonably safe from flooding. If a subdivision or other development proposal is in a flood-prone area, the proposal shall minimize flood damage.

      (2)   All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, shall meet floodplain development permit requirements of §9-7-30(c) and §9-7-40(c), and the provisions of §9-7-50.

      (3)   Base flood elevation data shall be generated for subdivision proposals and other proposed development, including the placement of manufactured home parks and subdivisions that are greater than fifty (50) lots or five (5) acres, whichever is least, if not otherwise provided pursuant to §9-7-30(b) or §9-7-40(b).

      (4)   All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.

      (5)   All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

      (1)   Classification of critical facilities. It is the responsibility of the Board of Trustees to identify and confirm that specific structures in their community meet the following criteria. Critical facilities are classified under the following categories: essential services; hazardous materials; at-risk populations; and vital to restoring normal services.

         a.   Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines.

            1.   These facilities consist of:

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

               B.    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);

               C.    Designated emergency shelters;

               D.    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);

               E.    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, distribution and service lines); and

               F.   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)).

            2.   Specific exemptions to this category include wastewater treatment plants (WWTPs), non-potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.

            3.   Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the Board of Trustees 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 Board of Trustees on an as-needed basis upon request.

         b.   Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials.

            1.   These facilities may include:

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

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

               C.    Refineries;

               D.    Hazardous waste storage and disposal sites; and

               E.    Aboveground gasoline or propane storage or sales centers.

            2.   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 CFR 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 CFR § 1910 (2010). The Environmental Protection Agency (EPA) regulation “Designation, Reportable Quantities, and Notification,” 40 CFR 302 (2010), and OSHA regulation “Occupational Safety and Health Standards,” 29 CFR 1910 (2010), are incorporated herein by reference and include the regulations in existence at the time of the promulgation this Article, but exclude later amendments to or editions of the regulations.

            3.   Specific exemptions to this category include:

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

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

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

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

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

            1.   Elder care (nursing homes);

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

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

         d.+   Facilities vital to restoring normal services including government operations.

            1.   These facilities consist of:

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

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

            2.   These facilities may be exempted if it is demonstrated to the Board of Trustees 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 Article, 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 Board of Trustees on an as-needed basis upon request.

      (2)   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 Article, protection shall include one (1) of the following:

         a.   Location outside the special flood hazard area; or

         b.   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.

      (3)   Ingress and egress for new critical facilities. New critical facilities shall, when practicable as determined by the Board of Trustees, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a l00-year flood event.

(Ord. 459, 2025)