The following definitions shall apply to this chapter:

Addition is any activity that expands the enclosed footprint or increases the square footage of an existing structure.

Alluvial fan flooding is a fan-shaped sediment deposit formed by a stream that flows from a steep mountain valley or gorge onto a plain or the junction of a tributary stream with the main stream. Alluvial fans contain active stream channels and boulder bars, and recently abandoned channels. Alluvial fans are predominantly formed by alluvial deposits and are modified by infrequent sheet flood, channel avulsions and other stream processes.

Appeal means a request for a review of the director's interpretation of any provision of this chapter or a request for a variance.

Area of shallow flooding means an area designated on the FIRM map as an AH or AO zone with a one percent or greater annual chance of flooding to an average depth of one to three 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.

Area of special flood hazard means the land in the floodplain subject to a one percent or greater chance of flooding in any given year (see also 100-year flood).

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE) is the elevation shown on a FEMA Flood Insurance Rate Map for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.

Basement means any area of a building having its floor sub-grade (below ground level) on all sides.

Board of adjustment means the board of adjustment established pursuant to chapter 17.48 of this title.

Channel means the physical confine of a stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.

Channelization is the artificial creation, enlargement or realignment of a stream channel.

Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation.

Community means any political subdivision in the state of Colorado that has authority to adopt and enforce floodplain management regulations through zoning, including, but not limited to, cities, towns, unincorporated areas in the counties, Indian tribes and drainage and flood control districts.

Conditional letter of map revision (CLOMR) is FEMA's comment on a proposed project, which 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.

Critical facility means a structure or related infrastructure, but not the land on which it is situated, as specified in section 17.56.168 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. See section 17.56.168.

Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

DFIRM database is a database, usually spreadsheets, containing data and analyses that accompany DFIRMs. The FEMA mapping specifications guidelines outline requirements for the development and maintenance of DFIRM databases.

Digital flood insurance rate map (DFIRM) is a FEMA digital floodplain map. These digital maps serve as regulatory floodplain maps for insurance and floodplain management purposes.

Director means the director of planning of the city or the director's designee.

Elevated building means a non-basement building built, in the case of a building in Zones A1-A30, 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 adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In the case of zones A1-A30, AE, A, A99, AO, AH, B, C, X, and D, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

Encroachment lines are limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines are established by assuming that the area landward (outside) of the encroachment lines may be ultimately developed in such a way that it will not be available to convey flood flows. The stream channel and adjoining floodplains between these lines will be maintained as open space and will be adequate to convey the 100-year flood without adversely increasing flood heights, such increase under any condition not exceeding one-half foot.

Equal degree of encroachment is established by considering the effect of encroachments on the hydraulic efficiency of the floodplain along a significant reach of the stream, on both sides.

Existing manufactured home park or subdivision means a manufactured home park for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) are completed before the effective date of the ordinance from which this chapter is derived.

Expansion to existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

A.

The overflow of water from channels or reservoir spillways;

B.

The unusual and rapid accumulation or run-off of surface waters from any source;

C.

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).

Flood control structure means a physical structure designed and built expressly or partially for the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Flood insurance rate map (FIRM) means the official map of the community on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal Emergency Management Agency that includes the FIRM and flood profiles for studied flooding sources that can be used to determine the base flood elevations for some areas.

Flood profile means a graph or a longitudinal profile showing the relationship of the water surface elevation of a flood event to a location along a stream or river.

Flood protection elevation means an elevation two feet above the elevation or flood profile of the 100-year flood under existing channel and floodplain conditions. It is two feet above the elevation of the flood for the flood regulatory district as shown on the FIRM map in the office of the director of public works.

Flood regulatory district means that portion of the floodplain subject to inundation by the 100-year flood.

Flood stage means the height or elevation of a flood as referred to some datum. For purposes other than those of this chapter, the term is commonly used to refer to the elevation at which a stream will overtop its normal stage banks.

Floodplain or flood-prone area means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir.

Floodplain development permit is a permit required before construction or development begins within any special flood hazard area (SFHA). If FEMA has not defined the SFHA within a community, the community shall require permits for all proposed construction or other development in the community including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas. Permits are required to ensure that proposed development projects meet the requirements of the NFIP and this floodplain management chapter.

Floodplain management is the operation of an overall program of corrective and preventative measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain management regulations are zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as 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, which provide standards for the purpose of flood damage prevention and reduction.

Floodproofing means a combination of structural and/or non-structural provisions, additions, changes, or adjustments to properties and structures subject to flooding which reduce or eliminate flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.

Floodway (regulatory floodway) is the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six inches). Letters of map revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.

100-year flood is a flood having a recurrence interval that has a one-percent chance of being equaled or exceeded during any given year (one-percent-annual-chance flood). The terms "one-hundred-year flood" and "one-percent-chance flood" are synonymous with the term "100-year flood." The term does not imply that the flood will necessarily happen once every 100 years (see also area of special flood hazard).

100-year floodplain is the area of land susceptible to being inundated as a result of the occurrence of a 100-year flood.

500-year flood is a flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2-percent-chance-annual-flood). The term does not imply that the flood will necessarily happen once every 500 years.

500-year floodplain is the area of land susceptible to being inundated as a result of the occurrence of a 500-year flood.

Freeboard is the vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.

Functionally dependent use is a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

A.

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;

B.

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;

C.

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

D.

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

1.

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

2.

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

Levee is a man-made embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. For a levee structure to be reflected on the FEMA FIRMs as providing flood protection, the levee structure must meet the requirements set forth in 44 CFR 65.10.

Levee system is a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Letter of map revision (LOMR) is FEMA's official revision of an effective FIRM or flood boundary and floodway map (FBFM) or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA).

Letter of map revision based on fill (LOMR-F) is FEMA's modification of the special flood hazard area (SFHA) shown on the FIRM based on placement of fill outside the existing regulatory floodway.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use as a basement or crawlspace. The lowest floor is a determinate for the flood insurance premium for a building, home, or business. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured home park or subdivision is a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean sea level is, for purposes of the national flood insurance program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's FIRM are referenced.

Material safety data sheet (MSDS) is a form with data regarding the properties of a particular substance. An important component of product stewardship and workplace safety, it is intended to 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, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling procedures.

National flood insurance program (NFIP) is FEMA's program of flood insurance coverage and floodplain management administered in conjunction with the Robert T. Stafford Relief and Emergency Assistance Act. The NFIP has applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations. The U.S. Congress established the NFIP in 1968 with the passage of the National Flood Insurance Act of 1968.

New construction means structures for which the "start of construction" commenced on or after the effective date of the ordinance from which this chapter derived.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final sites grading or the pouring of concrete pads) is completed on or after the effective date of the ordinance from which this chapter is derived.

No-rise certification is 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 registered state professional engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the FIRM or flood boundary and floodway map.

Obstruction means sandbars formed by the natural flow of a watercourse, temporary structures, planks, snags, and debris in and along an existing channel which cause a flood hazard.

Physical map revision (PMR) is FEMA's action whereby one or more map panels are physically revised and republished. A PMR is used to change flood risk zones, floodplain and/or floodway delineations, flood elevations, and/or planimetric features.

Reach is a hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the floodplain where flood heights are primarily controlled by manmade or natural floodplain obstructions or restrictions. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most likely be a reach.

Recreational vehicle means a vehicle which is:

A.

Built on a single chassis;

B.

400 square feet or less when measured at the largest horizontal projections;

C.

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

D.

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

Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevations more than a designated height.

Special flood hazard area means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.

Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date, or if no building permit is issued, the actual start of construction. The actual start of construction means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Storage capacity of a floodplain means the volume of space above an area of floodplain land that can be occupied by floodwater of a given stage at a given time, regardless of whether the water is moving. Storage capacity tends to reduce downstream flood peaks.

Structure means a walled and roofed building, including a gas or liquid storage tank, or manufactured home that is principally above ground.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition to or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

A.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to accessibility and assure safe living conditions; or

B.

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Threshold planning quantity (TPQ) is a quantity designated for each chemical on the list of extremely hazardous substances that triggers notification by facilities to the state that such facilities are subject to emergency planning requirements.

Variance is a grant of relief to a person from the requirement of the ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. (For full requirements, see Section 60.6 of the NFIP regulations.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevations certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Water surface elevation means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Watercourse means a channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir, or lake in which storm runoff and floodwater flows either regularly or infrequently. This includes major drainageways for carrying urban storm runoff.

(Ord. No. 1625-2012, § 1, 11-20-2012)

The ordinance codified in this chapter for flood prevention and control is adopted pursuant to the authority contained in C.R.S. § 29-20-104, as amended.

(Ord. No. 1625-2012, § 1, 11-20-2012)

The city council finds that there are areas within the city floodplains which constitute natural hazards of state and local interest, that flooding may cause serious damage to properties and subject residents of such areas to hazards, that the occupation of such areas may cause the loss of human life and the destruction of property, and that the imprudent use and occupation of these areas will pose a continuing and greater future danger to life and property unless appropriate regulations are adopted concerning the use and occupation of such hazards.

(Ord. No. 1625-2012, § 1, 11-20-2012)

A.

The purpose of this chapter is to promote the public health, safety, and general welfare; to minimize flood losses in areas subject to flood hazards; and to promote wise use of the floodplain.

B.

This floodplain chapter has been established with the following purposes intended:

1.

To reduce the hazard of floods to life and property by:

a.

Prohibiting uses which are dangerous to life or property and/or which are hazardous to the public in time of flood;

b.

Restricting uses which are particularly susceptible to flood damage, so as to alleviate hardship and eliminate demands for public expenditures for relief and protection; and

c.

Requiring permitted floodplain uses, including public facilities which serve such uses, to be protected against floods by providing floodproofing and general flood protection at the time of initial construction;

2.

To alert floodplain occupants or potential occupants to flood hazards and damages which may result from their own, or other, land use and which are or may be undertaken without full realization of the danger by:

a.

Regulating the manner in which structures designed for human occupancy may be constructed;

b.

Regulating the method of construction of water supply systems, sanitation systems and other utilities so as to prevent disease, contamination and unsanitary conditions; and

c.

Delineating and describing areas that could be inundated by floods so as to protect individuals from purchasing floodplain lands for purposes which are not in fact suitable;

3.

To protect the public from the burden of avoidable financial expenditures for flood control and relief by regulating all uses within the floodplain areas so as to produce a method of construction and a pattern of development which will minimize the probability of damage to property and loss of life or injury to the inhabitants of the flood hazard areas;

4.

To protect the storage capacity of floodplains and to assure retention of sufficient floodway area to convey flood flows which can reasonably be expected to occur by:

a.

Regulating filling, dumping, dredging and alteration of channels by deepening, widening, or relocating;

b.

Prohibiting unnecessary and damage-creating encroachments; and

c.

Encouraging open space uses such as agriculture and recreation; and

5.

To protect the hydraulic characteristics of the small watercourses, including the gulches, sloughs and artificial water channels used for conveying floodwaters, which make up a portion of the urban drainage system by:

a.

Regulating filling, dumping and channelization so as to maintain natural storage capacity and slow flow characteristics;

b.

Prohibiting encroachment into the small watercourses to maintain their water-carrying capacity; and

c.

Encouraging uses such as greenbelt, open space, recreation and riding trails.

(Ord. No. 1625-2012, § 1, 11-20-2012)

This chapter shall apply to all areas within the flood regulatory district and to all areas of special flood hazard and all 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.

(Ord. No. 1625-2012, § 1, 11-20-2012)

The flood regulatory district is determined by computing the 100-year floodplain limits under existing channel and floodplain conditions.

(Ord. No. 1625-2012, § 1, 11-20-2012)

The location and boundaries of areas within the flood regulatory district are identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for Boulder County, Colorado and Incorporated Areas," (FIS) dated August 15, 2019, with an accompanying flood insurance rate map (FIRM), as adopted and amended from time to time, which is hereby adopted by reference and declared to be a part of this chapter. These special flood hazard areas identified by the FIS and attendant mapping are the minimum area of applicability of this chapter and may be supplemented by studies designated and approved by city council. Copies of the official map are kept on file with the director of public works, the planning department and the city clerk. The boundary lines on the map shall be determined by the use of the scale appearing on the map. Where there is a conflict between the boundary lines illustrated on the map and actual field conditions, the dispute shall be settled according to section 17.56.190.

(Ord. No. 1625-2012, § 1, 11-20-2012; Ord. No. 1775-2019, § 1, 7-9-2019)

The regulations set forth in this chapter for the flood regulatory district shall apply to those lands within the 100-year floodplain which are mapped and designated on the official map. The regulations of this chapter shall be construed as being supplementary to the regulations imposed on the same lands by any underlying zoning category, ordinance, easement, covenant, or deed restriction. This chapter supersedes zoning provisions relating to floodplains. Any underlying zoning district regulations, ordinances, easements, covenants, or deed restrictions shall remain in full force and effect to the extent that its provisions are more restrictive.

(Ord. No. 1625-2012, § 1, 11-20-2012)

In the board of adjustment's interpretation and application, the provisions of this chapter shall be held to be the minimum requirements, shall be liberally construed in favor of the city, and shall not be deemed a limitation or repeal of any other powers granted by the state statutes.

(Ord. No. 1625-2012, § 1, 11-20-2012)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of or be a cause of action against the city, any board, commission, officer, or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made under this chapter.

(Ord. No. 1625-2012, § 1, 11-20-2012)

The provisions for the flood regulatory district apply to all floodplains or watercourses in the city for areas on the official map established by section 17.56.070 and designated thereon as special flood hazard areas.

(Ord. No. 1625-2012, § 1, 11-20-2012)

The flood regulatory district shall include the area delineated on the official maps established by section 17.56.070.

(Ord. No. 1625-2012, § 1, 11-20-2012)

A.

The following open uses shall be permitted within the flood regulatory district to the extent that they are not prohibited in a particular area by the underlying zoning capacity and shall be exempt from the provisions of section 17.56.160 except as provided in subsection B of this section and except that such uses shall be subject to subsection 17.56.160.A.

1.

Agricultural uses, such as general farming, pasture, truck farming, forestry, sod farming, and wild crop harvesting;

2.

Industrial-commercial open uses, such as loading areas, parking areas, airport landing strips, and storage yards for equipment or machinery easily moved or not subject to flood damage;

3.

Public and private recreational uses not requiring permanent or temporary structures designed for human habitation, such as parks, swimming areas, golf courses, driving ranges, picnic grounds, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, and hunting, fishing and hiking areas; and

4.

Utility facilities, such as flowage areas, transmission lines, pipelines, water-monitoring devices, streets and bridges.

B.

Any open use permitted by this section which requires fill, excavation, temporary or permanent structures associated with any such open use shall be considered a restricted use, shall require a floodplain development permit, and shall be subject to the provisions of section 17.56.160.

C.

A floodplain development permit shall be required for all uses permitted by subsection A of this section.

(Ord. No. 1625-2012, § 1, 11-20-2012)

The following regulations shall apply in the flood regulatory district and all areas of special flood hazard.

A.

Flood district; encroachments. The cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one-half foot at any point. Certification by a registered professional engineer stating that any encroachment shall not result in such an increase in flood levels during the occurrence of a 100-year flood shall be required.

B.

Structures.

1.

Structures will have a low flood-damage potential.

2.

The structure or structures, if permitted, will be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters. Whenever possible, structures will be constructed with the longitudinal axis parallel to the direction of flow of floodwaters, and so far as practicable, structures will be placed so their longitudinal axes are approximately on the same line as those of adjoining structures.

3.

Structures will be firmly anchored as required by this section to prevent the structure from floating away and thus threatening to further restrict bridge openings and other restricted sections of the stream or river.

4.

The lowest floor, including the basement floor, of any structure to be erected, constructed, reconstructed, or moved on the floodplain shall be constructed on fill at least one foot above the elevation or level required by this section for the particular area and use specified, and the fill shall extend at such elevation at least 15 feet beyond the limits of any structure or building erected thereon.

C.

Fills or deposits.

1.

Any fill or deposit of materials shall comply with subsection A of this section.

2.

The fill or deposit of materials shall have some beneficial purpose and the amount thereof will not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material and the use to which the filled land will be put.

3.

The fill or deposit of materials does not imprudently reduce the flood-storage capacity of the waterway, unless a permit has been granted by the board of adjustment and the other requirements of this section have been met; and the fill or deposit of materials does not encroach on the portion of the floodplain which would have significant flow during the flood, and which for that reason would help convey the floodwaters. Any fill that reduces the hydraulic capacity requires appropriate hydraulic studies and a review of the urban impact of such reduction.

4.

The fill or other materials will be protected against erosion by riprap, strong vegetative cover or bulkheading as determined by a professional engineer.

D.

Storage of certain materials. The storage or processing of materials which are buoyant, flammable, toxic, or explosive, or which in times of flooding could be injurious to human, animal, or plant life shall be at or above the flood protection elevation for the particular area, or shall be floodproofed in accordance with the standards and practices specified in section 17.56.250. Solid waste disposal facilities, such as junkyards or areas for the dumping of refuse, shall also require review and approval of the planning commission and the city council.

E.

General standards.

1.

Anchoring.

a.

All new construction and substantial improvements shall be anchored to prevent floatation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads, including the effects of buoyancy.

b.

All manufactured homes must be elevated and anchored to resist floatation, collapse or lateral movement and be capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but 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. Specific requirements are:

(1)

Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side;

(2)

Frame ties shall be provided at each corner of the manufactured home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side;

(3)

All components of the anchoring systems shall be capable of carrying a force of 4,800 pounds; and

(4)

Any additions to the manufactured home shall be similarly anchored.

2.

Construction materials and methods.

a.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

b.

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

c.

All new construction and 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.

3.

Utilities.

a.

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

b.

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.

c.

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

d.

Service facilities such as electrical, heating, ventilation, plumbing, and air conditioning equipment will be designed, floodproofed or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

4.

Subdivision proposals.

a.

All subdivision proposals shall be consistent with the need to minimize flood damage. All proposals shall meet the floodplain development permit requirements of this title.

b.

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

c.

Base flood elevation data shall be provided by the applicant for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).

d.

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

F.

Specific standards.

1.

Residential construction.

a.

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above the flood protection elevation.

b.

Within any AH or AO zone as designated on the FIRM, all new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the highest adjacent grade at least two feet above the depth number specified in feet on the FIRM (at least three 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 director.

c.

Within zones AH and AO as designated on the FIRM, adequate drainage paths around residential structures on slopes to guide floodwaters around and away from proposed structures shall be required.

2.

Nonresidential construction.

a.

With the exception of critical facilities, outlined in section 17.56.168, new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated at least one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

(1)

Be floodproofed so that portions of the structure that are below one foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water;

(2)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3)

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of subsection F.2 of this section. Such certifications shall be provided to the director as set forth in section 17.56.180

b.

All new construction and substantial improvements of nonresidential structures within any AO and AH zone on the FIRM:

(1)

Shall have the lowest floor, including basement, elevated above the highest adjacent grade at least two feet above the depth number specified in feet on the FIRM (at least three feet if no depth number specified); or

(2)

Together with attendant utility and sanitary facilities, shall be completely floodproofed to that level to meet the floodproofing standard specified in subsection F.2.a(1), (2) and (3) of this section.

c.

Within zones AH and AO, adequate drainage paths around nonresidential structures on slopes to guide floodwaters around and away from proposed structures shall be required.

3.

Manufactured homes.

a.

Manufactured homes shall be anchored in accordance with subsection E of this section.

b.

All manufactured homes or those that are substantially improved shall conform to the following requirements:

(1)

Manufactured homes that are placed or substantially improved on a site outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least 12 inches above the base flood elevation and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(2)

Manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions in subsection F.3.a of this section shall be elevated so that either the lowest floor of the manufactured home is at least one foot above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade, and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

4.

Recreational vehicles. Recreational vehicles shall be on the site for fewer than 180 consecutive days, or shall be fully licensed and ready for highway use, or shall meet the permit requirements of section 17.56.240 and elevation and anchoring requirements for resisting wind forces and of subsection F.3. of this section. A recreational vehicle is ready for highway use if it is on wheels or a jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

5.

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 state professional engineer or architect or meet or exceed the following minimum criteria:

a.

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

b.

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

c.

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

(Ord. No. 1625-2012, § 1, 11-20-2012)

Floodways are administrative limits and tools used to regulate existing and future floodplain development. The state has adopted floodway standards that are more stringent than the FEMA minimum standard (see definition of Floodway in section 17.56.010). Located within special flood hazard area established in section 17.56.070, are 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 following provisions shall apply:

A.

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 state 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.

B.

If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of section 17.56.160.

C.

Under the provisions of 44 CFR Chapter 1, Section 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.

(Ord. No. 1625-2012, § 1, 11-20-2012)

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

A.

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.

B.

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

C.

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.

D.

Any stream alteration activity shall be designed and sealed by a registered state professional engineer or certified professional hydrologist.

E.

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

F.

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 registered state professional engineer, that there is not more than a 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 section 17.56.162.

G.

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

(Ord. No. 1625-2012, § 1, 11-20-2012)

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), with a lowest floor elevation placed below the base flood elevation with one foot of freeboard that existed prior to the placement of fill.

(Ord. No. 1625-2012, § 1, 11-20-2012)

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.

A.

Classification of critical facilities. It is the responsibility of the (community governing body) to identify and confirm that specific structures in their community meet the following criteria:

1.

Critical facilities are classified under the following categories:

a.

Essential services;

b.

Hazardous materials;

c.

At-risk populations; and

d.

Vital to restoring normal services.

2.

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:

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 lines, distribution lines, 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).

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.

Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the {community governing body} 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 title, 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.

3.

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

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.

Above ground gasoline or propane storage or sales centers.

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 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also known as extremely hazardous substances (EHS); or 10,000 pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the state 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 at the time of the promulgation this chapter, but exclude later amendments to or editions of the regulations.

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 local authority having jurisdiction 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 chapter.

4.

At-risk population facilities include medical care, congregate care, and schools.

These facilities consist of:

a.

Elder care ( nursing homes);

b.

Congregate care serving 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 12 or more children);

5.

Facilities vital to restoring normal services including government operations.

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).

These facilities may be exempted if it is demonstrated to the {community governing body} 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 chapter, 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 on an as-needed basis upon request.

B.

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 chapter, protection shall include one of the following:

1.

Location outside the special flood hazard area; or

2.

Elevation or floodproofing of the structure to at least two feet above the base flood elevation.

C.

Ingress and egress for new critical facilities. New critical facilities shall, when practicable as determined by the city, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.

(Ord. No. 1625-2012, § 1, 11-20-2012)

The existing lawful use of a structure or premises which is not in conformity with the provisions of this chapter may be continued, subject to the following conditions:

A.

No such use shall be expanded or enlarged except in conformity with the provisions of this chapter.

B.

Substantial improvement, as defined in section 17.56.010, to any nonconforming structure or use must result in the permanent change of the structure or use to a conforming use.

C.

If such use is discontinued for 12 consecutive months, any future use of the building and premises shall conform to this chapter.

D.

Uses or adjuncts thereof which are public nuisances shall not be permitted to continue as nonconforming uses.

E.

Any alterations, additions, or repairs to any existing nonconforming structure shall be protected, where applicable by floodproofing measures, pursuant to section 17.56.250

(Ord. No. 1625-2012, § 1, 11-20-2012)

The director shall:

A.

Administer, implement, and enforce the provisions of this chapter and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management;

B.

Review all development permit applications to determine that the provisions of this chapter have been satisfied;

C.

Review all development permits to determine that they are complete and that all necessary permits have been obtained from those federal, state or local governmental agencies from which approval is required;

D.

Review all development permits to determine if the proposed development adversely affects the flood-carrying capacity of the area of special flood hazard. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one-half foot at any point;

E.

Notify adjacent communities and the state water conservation board and urban drainage and flood control district prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA; and

F.

Require that maintenance is provided within the altered or relocated portion of such watercourse so that the flood-carrying capacity is not diminished;

G.

When base flood elevation data has not been provided in accordance with section 17.56.070, obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, until such other data has been provided by the administrator, as criteria for requiring that all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated at least one foot above the flood protection elevation and all new construction and substantial improvements of nonresidential structures have the lowest floor (including basement) elevated or floodproofed to at least one foot above the level of the base flood elevation;

H.

Maintain and hold open for public inspection all records pertaining to the provision of this chapter, including actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and any floodproofing certificate required by section 17.56.200;

I.

Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this chapter, including proper elevation of the structure.

(Ord. No. 1625-2012, § 1, 11-20-2012)

The following procedures shall be used by the board of adjustment in deciding contested cases in which the location of the flood regulatory district boundary is disputed:

A.

In all cases, the person contesting the location of the district boundary shall be given a hearing before the board of adjustment at which he may submit his own technical evidence if he so desires. The board of adjustment shall schedule a hearing within 30 days of receipt of a written request therefor. The board of adjustment shall not allow deviations from the boundary line as mapped unless the evidence clearly and conclusively establishes that the mapped location of the lines is incorrect.

B.

The board of adjustment shall render a written opinion within 30 days following the last day of such hearing setting forth its findings of fact and the reasons for its decision.

C.

Those aggrieved by the decision of the board of adjustment, may appeal such decision to the district court of the county, as provided in Rule 106(a)(4) of the state rules of civil procedure.

(Ord. No. 1625-2012, § 1, 11-20-2012)

A floodplain development permit is required and must be obtained from the board of adjustment before any new land use, construction, or development begins within the flood regulatory district or area of special flood hazard.

(Ord. No. 1625-2012, § 1, 11-20-2012)

A.

Establishment of development permit. A floodplain development permit shall be obtained before construction or development begins within any area of the flood regulatory district established by this chapter. Application for a floodplain development permit shall be made on forms furnished by the director and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, including the placement of manufactured homes; and the location of the foregoing in relation to the special flood hazard area. Specifically, the following information is required:

1.

Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

2.

Elevation in relation to mean sea level to which any nonresidential structure has been floodproofed;

3.

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing standards and practices specified in section 17.56.250; and

4.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

B.

Administration and implementation authority. The board of adjustment shall administer and implement this chapter by granting or denying floodplain development permit applications in accordance with its provisions.

(Ord. No. 1625-2012, § 1, 11-20-2012)

All floodplain development permit applications shall be accompanied by an application fee in an amount set by the city manager in accordance with section 17.04.080.

(Ord. No. 1625-2012, § 1, 11-20-2012)

A.

The determination of the board of adjustment on each floodplain development permit application shall be based on compliance with the requirements and standards in this chapter and the effects of the proposed land use with respect to the objectives, purposes, and requirements of this chapter.

B.

The board of adjustment shall conduct a hearing on the permit application. Such hearing shall be held within 30 days after receipt of a complete application which meets the requirements established by subsection 17.56.210.A.

C.

The board of adjustment shall render, within 30 days from the final day of a hearing, a written decision granting or denying a development permit application. If a denial is made, the decision shall set forth the board of adjustment's findings of fact and the reasons for the denial. Applicants aggrieved by the decision of the board of adjustment, may appeal such decision to the district court of the county as provided in Rule 106(a)(4) of the state rules of civil procedure.

(Ord. No. 1625-2012, § 1, 11-20-2012)

Upon consideration of the factors indicated in subsection 17.56.220.A and the purposes of this chapter, the board of adjustment may attach, in addition to those conditions required by special permits, such conditions as it deems necessary for furthering the purposes of this chapter. Such conditions may include, without limitation because of specific enumeration, modification of other waste-disposal methods and facilities, landscaping, periods of operation, operational controls, sureties, deed restriction, and adequate floodproofing, and shall include provisions for floodproofing water and sanitary systems.

(Ord. No. 1625-2012, § 1, 11-20-2012)

A.

Generally. The board of adjustment shall hear and decide appeals from interpretations of the director and requests for variances from the provisions of this chapter.

B.

Factors to be considered. In considering an appeal involving a provision of this chapter, the board of adjustment shall consider, in addition to all technical evaluations, relevant factors, requirements, and standards in this chapter, the following:

1.

The danger that materials may be swept onto other lands to the injury of others, and the impact upon riparian habitat.

2.

The danger to life and property due to flooding or erosion damage.

3.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

4.

The importance of the services provided by the proposed facility to the community.

5.

The necessity to the facility of a waterfront location, where applicable.

6.

The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage.

7.

The compatibility of the proposed use with the existing and anticipated development.

8.

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

9.

The safe access to the property in times of flood for ordinary and emergency vehicles.

10.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

11.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

C.

Conditions for granting a variance.

1.

Generally, a variance may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections B.1 through B.11 of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2.

Variances may be issued for the reconstruction or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places without regard to the procedures in the remainder of this section. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3.

Variances shall not be granted within any designated floodway if any increase in flood levels during the base flood discharge would result.

4.

In addition to the general requirements in section 17.48.110, a variance for a floodplain shall only be granted upon a showing of good and sufficient cause when the board of adjustment finds that the variance will not:

a.

Result in increased flood heights;

b.

Increase threats to public safety;

c.

Create extraordinary public expense;

d.

Create a nuisance, cause fraud on, or victimize the public as identified in subsection B of this section; or

e.

Conflict with existing local laws or ordinances over which the board has no jurisdiction.

5.

Any applicant to whom a variance is granted shall be given proper notice that the structure shall be permitted to be built with the lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

6.

The director shall maintain a record of all actions involving a variance and shall report variances to FEMA upon request.

7.

Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

a.

The criteria outlined in items 1—7 of this subsection are met, and

b.

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(Ord. No. 1625-2012, § 1, 11-20-2012)

A.

Nonresidential. Pursuant to subsection 17.56.160.F.2, the floodproofing of a nonresidential structure or use may be permitted as an alternative to elevating to the required base flood elevation. Prior to issuance of a floodplain development permit a registered professional engineer or architect shall develop structural designs, specifications, and plans for the construction which include floodproofing methods, subject to accepted standards and practices of the Uniform Building Code, as adopted, and the FEMA requirements. Prior to the issuance of a certificate of occupancy a floodproofing certificate shall be completed and submitted to the director.

B.

Residential. Floodproofing of a residential building does not alter the community floodplain management elevation requirement or affect the insurance rating.

(Ord. No. 1625-2012, § 1, 11-20-2012)

A.

Prior to the final building inspection or issuance of a certificate of occupancy, the director shall request the applicant, as applicable, to submit an elevation certificate or floodproofing certificate. The documentation shall be provided by the applicant and shall be certified by a registered professional engineer that the building flood elevations, the existence of basements, floodproofing measures including the elevation (in relation to mean sea level) to which the structure was floodproofed, and other flood protection factors were accomplished in compliance with provisions of this chapter. All such certificates shall be retained by the director for public inspection.

B.

The director, within ten days after receipt of such certification from the applicant, shall issue a certificate of occupancy only if the building or premises and the proposed use thereof conform with all the requirements of this chapter.

C.

Prior to the issuance of a building permit on property which has been removed from the flood regulatory district by virtue of an amendment to the official map, or which has been filled within the flood regulatory district under the terms and conditions of a floodplain development permit, the applicant shall provide map revision data or fill certification to the director.

(Ord. No. 1625-2012, § 1, 11-20-2012)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Failure to comply with the requirements set forth in this chapter shall constitute a violation punishable upon conviction by fine or imprisonment as provided in section 1.28.010 of this code. Nothing herein contained shall prevent the City of Louisville from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 1775-2019, § 2, 7-9-2019)