A.

Application and description. These regulations shall apply to all properties designated as within the SFHA.

B.

Permitted uses. The permitted uses in the SFHA are the same as those uses permitted in section 26-805.B. However, in the SFHA, floodplain permits may be applied for as specified in subsections C. and D.

C.

Prohibited uses.

1.

Hazardous materials. The storage or processing of materials that are buoyant, flammable, or explosive, or any hazardous liquid or soluble matter which in times of flooding could be injurious to human, animal, or plant life shall be prohibited within the SFHA.

2.

Tents and makeshift structures. Tents and makeshift structures, enclosures or other shelters used for human habitation are prohibited within the SFHA, except in locations expressly permitted by the floodplain administrator and having adequate sanitation facilities and flood evacuation plans.

D.

Development standards. The following regulations shall apply to all permitted development and uses within the SFHA:

1.

All new structures which are walled and roofed and greater than one hundred twenty (120) square feet in size must be elevated one (1) foot above the base flood elevation.

2.

All development shall be evaluated based on any analysis of an equal degree of encroachment based on conveyance of the 100-year flood extending for a significant reach on both sides.

3.

No SFHA uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems.

4.

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

5.

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

6.

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

7.

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.

8.

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

9.

All new and replacement water supply and sanitary sewage systems and all replacement onsite disposal systems shall be designed and located so as to minimize or eliminate infiltration of floodwaters into them and discharge from the systems into floodwaters. The location of any new onsite disposal system is prohibited. Existing systems may be repaired and maintained, including replacement, subject to the requirements of this paragraph 9.

10.

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

11.

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

12.

All manufactured homes to be placed within the SFHA must be elevated and anchored to resist flotation, collapse, or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads created by the 100-year flood. Methods of anchoring may include, but are not limited to, use of over-the-top and frame ties to ground anchors. Specific requirements may be:

a.

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

b.

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

c.

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

d.

Any additions to the manufactured home shall be similarly anchored.

13.

Any fill or deposition of materials must be shown to 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.

14.

Any fill or deposition that does reduce hydraulic capacity shall require appropriate hydraulic studies including an equal degree of encroachment analysis and a review of the urban impact of such reduction.

15.

Any fill or deposition will be protected against erosion by riprap, strong vegetative cover, bulkheading, or other accepted means of erosion protection.

16.

Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.

Designs for meeting this requirement must either be certified by a registered Colorado Professional Engineer or architect or meet or exceed the following minimum criteria:

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.

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.

E.

Properties removed from the floodplain by fill. The following regulations shall apply to all permitted development and uses within the properties that have been removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F) to at least one (1) foot above the base flood level that existed prior to the placement of fill:

1.

All new structures which are walled and roofed and greater than one hundred twenty (120) square feet in size must be elevated one (1) foot above the base flood elevation that existed prior to the placement of fill.

2.

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

3.

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

4.

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.

F.

Critical facilities. 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.

1.

Classification of critical facilities. It is the responsibility of the city council to identify and confirm that specific structures in their community meet the following criteria:

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.

a.

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:

(1)

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

(2)

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);

(3)

Designated emergency shelters;

(4)

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);

(5)

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

(6)

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 city council that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same 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 section, 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 council on an as-needed basis upon request.

b.

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

(1)

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

(2)

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

(3)

Refineries;

(4)

Hazardous waste storage and disposal sites; and

(5)

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 five hundred (500) pounds or the TPQ listed (whichever is lower) for the three hundred fifty-six (356) chemicals listed under 40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS); or ten thousand (10,000) pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation, Reportable Quantities, and Notification," 40 C.F.R. § 302 (2010) and OSHA regulation "Occupational Safety and Health Standards," 29 C.F.R. § 1910 (2010) are incorporated herein by reference and include the regulations in existence at the time of the promulgation of this article, but exclude later amendments to or editions of the regulations.

Specific exemptions to this category include:

(1)

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

(2)

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

(3)

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 section.

c.

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

(1)

Elder care (nursing homes):

(2)

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

(3)

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

d.

Facilities vital to restoring normal services including government operations. These facilities consist of:

(1)

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

(2)

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

These facilities may be exempted if it is demonstrated to the city council that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this article, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the city council on an as-needed basis upon request.

2.

Protection for critical facilities. All new and substantially improved critical facilities and new additions to critical facilities located within the SFHA shall be regulated to a higher standard than structures not determined to be critical facilities. For the purposes of this section, protection shall include one (1) of the following:

a.

Location outside the SFHA; or

b.

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

3.

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

(Ord. No. 1544, § 1, 1-13-14; Ord. No. 1581, § 1, 9-14-15; Ord. No. 1716, § 8, 7-12-21)