The Legislature of the State has in Section 20-29-104, C.R.S., delegated the responsibility to local governmental units for adopting regulations designed to minimize flood losses. Therefore, the City Council does ordain as follows in Section 12-22-2 through 12-22-4 below.

(Ord. 832, 2011)

(a)

The flood hazard areas of the City are subject to periodic inundation which results 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 public health, safety and general welfare.

(b)

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

(Ord. 832, 2011)

It is the purpose of this Article to promote the 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 public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, 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 in a flood area.

(Ord. 832, 2011)

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 which 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 flood waters;

(4)

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

(5)

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

(Ord. 832, 2011)

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

Appeal means a request for a review of the City Manager's interpretation of any provision of this Article or a request for a variance.

Area of special flood hazard means the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

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

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

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.

Existing manufactured home park or subdivision means a manufactured home park for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) are completed before February 18, 1989.

Expansion to an existing manufactured home park or manufactured home 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, either final site grading or pouring of concrete pads, or the construction of streets.

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

a.

The overflow of inland or tidal waters; and/or

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood insurance rate map (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards 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 flood profiles, the flood boundary-floodway map and the water surface elevation of the base flood.

Floodway (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 elevation more than a designated height.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). 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 requirement of Section 60.3 of the National Flood insurance Program regulations.

Manufactured home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. This term also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

New construction means structures for which the start of construction commenced on or after February 18, 1989.

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 site grading or the pouring of concrete pads) is completed on or after February 18. 1989.

Recreation vehicle means a vehicle which is:

a.

Built on a single chassis;

b.

Four hundred (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.

Start of construction shall include substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start 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, 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 tilling, the installation of streets and/or walkways, excavation for a basement, footings, piers or foundations or the erection of temporary forms, or 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.

Structure means a walled and roofed building 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 fifty percent (50%) of the market value of the structure before the damage occurred.

Substantial improvement means any repair, reconstruction, addition or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

a.

Before the improvement or repair is started; or

b.

If the structure has been damaged and is being restored, before the damage occurred.

For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

a.

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

b.

Any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.

Variance means a grant of relief from the requirements of this Article which permits construction in a manner that would otherwise be prohibited by this Article.

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 elevation certificate, other certifications or other evidence of compliance required in Paragraph 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 times as that documentation is provided.

(Prior code 8-1; Ord. 811 §1, 2009; Ord. 832, 2011)

This Article shall apply to all areas of special flood hazards within the jurisdiction of the City.

(Prior code 8-2)

The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for Rio Grande County, Colorado, and Incorporated Areas," dated September 2, 2011, with an accompanying Flood Insurance Rate Map, dated September 2, 2011, and any revisions thereto are hereby adopted by reference and declared to be a part of this Article. The flood insurance study is on file at the City Hall.

(Prior code 8-3; Ord. 832, 2011)

No structure or land shall be constructed, located, extended, converted or altered without full compliance with the terms of this Article and other applicable regulations.

(Prior code 8-4)

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.

(Prior code 8-5)

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

(1)

Considered as minimum requirements.

(2)

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

(3)

Liberally construed in favor of the City Council.

(Prior code 8-6)

The degree of flood protection required by this Article 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 Article does not imply that land outside the areas of special flood hazards 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 City, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder.

(Prior code 8-7)

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. 832, 2011)

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 12-22-30 of this Article. Application for a development permit shall be made on forms furnished by the City Manager 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 and the location of the foregoing. 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 structure has been floodproofed.

(3)

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 12-22-260 of this Article.

(4)

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

(Prior code 8-36)

The City Manager is hereby appointed to administer and implement this Article by granting or denying building permit applications in accordance with its provisions.

(Prior code 8-37)

The duties of the City Manager shall include, but not be limited to:

(1)

Review all development permits to determine that the permit requirements of this Article have been satisfied.

(2)

Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(3)

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 Article, 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 (1) foot at any point.

(4)

When base flood elevation data has not been provided in accordance with Section 12-22-30 of this Article, obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, as criteria for requiring new construction, substantial improvements or other development in Zone A in order to administer the provisions of Section 12-22-260 of this Article.

(5)

Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

(6)

For all new or substantially improved floodproofed structures:

a.

Verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed; and

b.

Maintain the floodproofing certifications required in Section 12-22-260 of this Article.

(7)

Maintain for public inspection all records pertaining to the provisions of this Article.

(8)

Notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(9)

Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 12-22-140 below.

(10)

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

(11)

Under the provisions of 44 C.F.R. Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE and AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one (1) foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision).

(Prior code 8-38; Ord. 811 §1, 2009; Ord. 832, 2011)

(a)

The Board of Adjustment, as established by the City, shall hear and decide appeals and requests for variances from the requirements of this Article. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the City Manager in the enforcement or administration of this Article. Those aggrieved by the decision of the Board of Adjustment, or any taxpayer, may appeal such decisions to the District Court of the County, as approved in Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

(b)

In passing upon such requests, the Board of Adjustment shall consider technical evaluations, standards specified in other sections of this Chapter and:

(1)

The danger that materials may be swept onto other lands to the injury of others.

(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 existing and anticipated development.

(8)

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

(9)

The safety of 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)

Upon consideration of the above factors, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.

(d)

The City Manager shall maintain records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(Prior code 8-39)

(a)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that items in Paragraphs 12-22-140(b)(1) through (11) above have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.

(b)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section.

(c)

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

(d)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(e)

Variances shall only be issued upon:

(1)

A showing of good and sufficient cause.

(2)

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

(3)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection 12-22-140(b) above, or conflict with existing local laws or ordinances.

(f)

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation 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.

(Prior code 8-40; Ord. 811 §1, 2009)

(a)

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

(b)

All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to, use of the 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 may be:

(1)

Over-the-top ties to be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations, with manufactured homes less than fifty (50) feet long requiring only one (1) additional tie per side.

(2)

Frame ties to be provided at each corner of the home with five (5) additional ties per side at intermediate points, with manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side.

(3)

All components of the anchoring system to be capable of carrying a force of four thousand eight hundred (4,800) pounds.

(4)

Any additions to the manufactured homes to be similarly anchored.

(Prior code 8-61)

(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 shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(Prior code 8-62)

(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 systems and discharge from the system into floodwaters.

(c)

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

(Prior code 8-63)

(a)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(b)

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

(c)

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

(d)

Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres, whichever is less.

(Prior code 8-64)

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 (1) foot at any point.

(Prior code 8-65)

In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 12-22-30 or Paragraph 12-22-130(4) of this Article, the following provisions are required:

(1)

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

(2)

Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:

a.

Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.

b.

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

c.

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 this Paragraph (2). Such certifications shall be provided to the official as set forth in Paragraph 12-22-110(6) of this Article.

(3)

Manufactured homes.

a.

Manufactured homes shall be anchored in accordance with Section 12-22-210 of this Article.

b.

All manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and is securely anchored to an adequately anchored foundation system. This Paragraph (3) applies to manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This Paragraph (3) does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced.

1.

Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at or above the base flood level.

2.

Adequate surface draining and access for a hauler are provided.

3.

In the instance of elevation on pilings:

a)

Lots are large enough to permit steps,

b)

Piling foundations are placed in stable soil no more than ten (10) feet apart; and

c)

Reinforcement is provided for pilings more than six (6) feet above the ground level.

(Prior code 8-66)

New construction and substantial improvement of any below-grade crawlspace shall:

(1)

Have the interior-grade elevation that is below base-flood elevation no lower than two (2) feet below the lowest adjacent grade.

(2)

Have the height of the below-grade crawlspace measured from the interior grade of the crawlspace to the top of the foundation wall, not exceed four (4) feet at any point.

(3)

Have an adequate drainage system that allows floodwaters to drain from the interior area of the crawlspace following a flood.

(4)

Be anchored to prevent flotation, collapse or lateral movement of the structure and be capable of resisting the hydrostatic and hydrodynamic loads.

(5)

Be constructed with materials and utility equipment resistant to flood damage.

(6)

Be constructed using methods and practices that minimize flood damage.

(7)

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.

(Prior code 8-67; Ord. 832, 2011)

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

a.

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;

b.

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

c.

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

(Prior code 8-67; Ord. 832, 2011)

Require that recreational vehicles placed on sites within Zones A1-30, AH and AE on the community's FIRM 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 this and the elevation and anchoring requirements for manufactured homes in Section 12-22-210 of this Article. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

(Ord. 832, 2011)