Area of shallow flooding shall mean a designated AH or AO zone as shown on the Flood Insurance Rate Map or as designated as a shallow flooding area by the city with a one-percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard shall mean the land in the floodplain subject to a one-percent or greater chance of being equalled or exceeded in any given year. Areas of the floodplain designated as Zones A, AE, AO, AH, A1--30 on the Flood Insurance Rate Map and other areas designated as floodplain by the city are included.

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

Base flood elevation shall mean the elevation for which there is a one-percent chance in any given year that flood levels will equal or exceed it.

Basement or crawl space shall mean any area of a building having its floor subgrade (below ground level) on all sides.

Change in watercourse shall mean any change in an existing thalweg, bed or bank of a watercourse.

Conveyance zone shall mean those portions of the floodplain required for the passage or conveyance of the one-hundred-year flood based on equal encroachment (or other method if approved by the city) of the floodplain from the edges of the flood channel to a point where the one-hundred-year flood profile will be raised by six (6) inches or more, after considering a reasonable expectation of blockage at bridges and other obstructions by flood-borne debris.

Critical facilities shall mean structures or facilities that produce, use or store hazardous, flammable, explosive, toxic and/or water reactive materials, liquids, gases and solids as such are defined in the Uniform Fire Code as adopted in § 9-1 and as amended in § 9-2, but not including retail structures and facilities that only stock and store products containing such substances in factory sealed containers; hospitals, nursing homes, group homes, residential care facilities, congregate care facilities and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood; schools; daycare facilities; cemeteries; police stations, fire stations, vehicle and equipment storage facilities and emergency operations centers that are needed for flood response activities before, during and after a flood; and public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during and after a flood.

Development shall mean any man-made 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 located within the area of special flood hazard.

Drainway or drainageway shall mean a natural or artificial land surface depression with or without perceptibly defined beds and banks to which surface runoff gravitates and collectively forms a flow of water continuously or intermittently in a definite direction.

Dryland access shall mean motor vehicle access to structures on and within a parcel of property located in whole or in part in a floodplain, which access is elevated above the base flood elevation so as to ensure the safe passage of motor vehicles on the property during times of a base flood affecting the property.

Existing manufactured home park or subdivision shall mean a manufactured home park for which the construction of facilities for servicing the lot on which the manufactured home is 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) is completed before the effective date of the ordinance from which this Article was derived.

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

FEMA shall mean the Federal Emergency Management Agency.

Fill shall mean a deposit of materials of any kind placed by artificial means.

Five-hundred-year flood shall mean a flood that has a two-tenths-percent chance of being equaled or exceeded in any given year.

Five-hundred-year floodplain shall mean the land in a drainageway within a community subject to a two-tenths-percent or greater chance of flooding in a given year.

Floatable materials shall mean any material on a nonresidential property that is not secured in place or completely enclosed in a structure, so that it could float off site during the occurrence of a flood and potentially cause harm to downstream property owners, or that could cause blockage of a culvert, bridge or other drainage facility. This includes, without limitation, lumber, vehicles, boats, equipment, trash dumpsters, tires, drums or other containers, pieces of metal, plastic or any other item or material likely to float.

Flood or flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas caused by the overflow of inland waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood fringe shall mean that portion of the floodplain between the floodway district boundary and the upper limits of the base flood. The flood fringe is the low hazard portion of a drainway channel or watercourse outside the floodway portion.

Flood Insurance Rate Map (FIRM) shall mean the official map on which the Federal Emergency Management Agency has delineated both the floodplains and risk premium zones applicable to the community.

Flood Insurance Study shall mean the official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Boundary-Floodway Map and water surface elevation of the base flood.

Floodplain shall mean the land in a drainway within a community subject to a one-percent or greater chance of flooding in a given year.

Floodplain management shall mean 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 refers to those activities that are implemented with the intent to promote the public health, safety and general welfare, to minimize public and private losses due to flood conditions and to maintain, enhance and improve the natural and beneficial functions of floodplains.

Floodplain management regulations shall mean 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 federal, state or local regulations, or any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodplain use permit shall mean any permit granted under the terms and conditions of this Article for development on land in a floodplain.

Floodproof shall mean to make a combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damage to properties, water and sanitary facilities, structures and contents of buildings in a floodplain area.

Floodway shall mean 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 of the base flood by more than five-tenths (⁵/10) foot; provided, however, with respect to the Poudre River Floodplain as designated in § 10-60, floodway shall mean the channel of the Poudre River and adjacent land areas to the River that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation of the base flood by more than one-tenth (¹/10) foot.

Floodway modification shall mean any alteration to the existing channel thalweg, bed or banks of a floodway or product corridor that would change the delineation of the floodway or product corridor.

General Manager shall mean the duly appointed General Manager of Utility Services of the city.

Letter of map revision (LOMR) shall mean a letter from FEMA officially revising the current National Flood Insurance Program Map to show changes to floodplains, floodways or flood elevations.

Letter of map revision based on fill (LOMR-F) shall mean a letter from FEMA stating that an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood.

Lowest floor shall mean the lowest floor of the lowest enclosed area (including basement or crawl space). 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 Article.

Manufactured home or mobile home shall mean a structure that is transportable in one (1) or more sections, built on a permanent chassis and designed to be used with or without permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

Mixed-use structure shall mean any structure that has only nonresidential uses in areas of the structure at or below the applicable regulatory flood protection elevation, but has residential uses in areas of the structure above the applicable regulatory flood protection elevation.

New construction shall mean those structures for which the start of construction commenced on or after July 16, 1979, and includes any subsequent improvements to such structures.

New manufactured home park or subdivision shall mean 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 the effective date of these floodplain management regulations.

Nonconforming structure shall mean a structure which existed and was lawful before the passage of the ordinance from which the Flood Prevention and Protection Article was derived, but which is not in conformity with the requirements of said article.

Nonresidential structure shall mean any structure or any portion of a structure that is not, in whole or in part, a residential structure. A nonresidential structure shall include, without limitation, any structure used, designed or capable of being used, in whole or in part, for office, commercial, business, educational, industrial or governmental occupation.

Nonstructural use shall mean any use of property which does not: (1) involve a structure; (2) cause a rise in the base flood elevation; (3) involve the use or storage of floatable materials; (4) involve the placement of fill; or (5) have the potential for causing increased erosion of the thalweg, bed or banks of any watercourse. Such uses could include, without limitation, general farming, mining, pasturing, outdoor plant nurseries, horticulture, viticulture, forestry, sod farming and industrial and commercial uses.

Product corridor shall mean the channel of a watercourse or other area of potential flooding, the boundaries of which are defined by the depth of water, as measured in feet, multiplied by the velocity of the water, as measured in feet per second, for a five-hundred-year flood such that the product is greater than or equal to six (6).

Public infrastructure shall mean: any facility, excluding structures, of a public or private utility providing electric, telephone, cable TV, fiber-optic, telegraph, water, wastewater, storm sewer or any other public utility service; stormwater improvements identified in any city-approved drainage master plan; public roads, bridges and culverts; and traffic signaling equipment that is provided, required or authorized by any governmental entity having jurisdiction.

Reconstruction (repair of damaged structures) shall mean the rebuilding of an existing structure which has been partially or completely destroyed by any cause (i.e., fire, wind, flood) without increasing the floor area of the structure.

Recreational facilities shall mean facilities or equipment that are used for private or public recreational or natural resource purposes that have a relatively low flood damage potential and do not involve a structure. This includes, without limitation: bicycle, equestrian or pedestrian trails and paths; gazebos; benches; ball fields; tennis and basketball courts; interpretive facilities; playground equipment; and golf courses.

Recreational vehicle shall mean a vehicle which is: (1) built on a single chassis; (2) four hundred (400) square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light-duty truck; and (4) designed primarily for use not as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Redevelop shall mean to demolish a structure, or portion of the structure, to the foundation or to the ground surface, and to rebuild the structure, or any portion of the structure, without increasing the floor area of the structure.

Redevelopment shall mean the process of redeveloping a structure.

Regulatory flood protection elevation shall mean an elevation of not less than eighteen (18) inches above the base flood elevation; provided, however, with respect to the Poudre River Floodplain as designated in § 10-60, regulatory flood protection elevation shall mean an elevation of not less than twenty-four (24) inches above the base flood elevation.

Regulatory floodplain shall mean the floodplain that is regulated by the city, including the special flood hazard area (SFHA). It also covers areas identified by the city as floodplain that are outside the SFHA as mapped by the Federal Emergency Management Agency.

Rehabilitation shall mean any improvements and repairs which are made to the interior and exterior of an existing structure but which do not result in any increase in the floor area of the structure.

Residential structure shall mean any structure or any portion of a structure that is used for, or designed as and capable of being used for, the temporary or permanent domicile of persons, including without limitation a dwelling, a boarding house, a hotel, a motel and similarly used structures.

Special flood hazard area (SFHA). See Area of special flood hazard.

Start of construction includes substantial improvement, and shall mean 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 a 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.

Structure shall mean a walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally aboveground.

Substantial damage shall mean 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 (50) percent of the market value of the structure before the damage occurred.

Substantial improvement shall mean any combination of repairs, reconstructions, rehabilitations, additions or other improvements of a structure, taking place during the life of the structure, the cumulative cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1) 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 assure safe living conditions; or

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

Watercourse shall mean a stream, creek, pond, slough, gulch, reservoir, lake or portion of the floodplain functioning as a natural or improved channel carrying flows, not constituting a flood. The term includes without limitation established natural and human-made drainageways for carrying storm runoff but does not include irrigation ditches.

(Code 1972, § 52-2; Ord. No. 125, 1995, 11-7-95; Ord. No. 8, 1996, § 3, 2-20-96; Ord. No. 211, 1998, § 3, 12-1-98; Ord. No. 71, 2000, §§ 1, 2, 6-20-00; Ord. No. 130, 2002, § 19, 9-17-02)

Cross reference—Definitions and rules of construction generally, § 1-2.

Sec. 10-17. Purpose. top^

(a) 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 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, and streets and bridges located in floodplains;

(6) Help maintain a stable tax base by providing for the second use and development of floodplains so as to minimize future flood blight areas;

(7) Ensure that potential buyers are notified that property is in a floodplain;

(8) Ensure that those who occupy the floodplain assume the responsibility for their actions;

(9) Protect the natural areas required to convey flood flows and retain slow flow characteristics; and

(10) Obtain and maintain the benefits to the community of participating in the National Flood Insurance Program.

(b) In order to accomplish its purposes, this Article includes methods and provisions for:

(1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;

(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3) Controlling the alteration of natural floodplains, stream channels and natural protective barriers which help accommodate or channel floodwaters;

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

(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Code 1972, § 52-1(A), (B); Ord. No. 125, 1995, 11-7-95)

Sec. 10-18. Interpretation. top^

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

(1) Considered as minimum requirements;

(2) Liberally constructed in favor of the governing body; and

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

(Code 1972, § 52-1(C); Ord. No. 125, 1995, 11-7-95)

Sec. 10-19. Floodplain designation. top^

(a) The Flood Insurance Study dated January 1979, including any revisions or amendments thereto, completed for the city by the Federal Emergency Management Agency ("FEMA") for the purpose of identifying floodplain areas, with accompanying Flood Insurance Rate Map and Flood Boundary-Floodway Map, is hereby adopted by reference and declared to be a part of this Article. The Flood Insurance Study is on file in the office of the City Clerk.

(b) The additional floodplain studies or reports listed in this subsection are hereby declared to be part of this Article, and any differences in floodplain delineation between such additional studies or reports and the Flood Insurance Rate Map shall be resolved by applying those provisions which result in a broader floodplain delineation. To the extent that additional technical analysis results in the refinement of the floodplain delineations contained in the plans listed below, or to the extent that the completion of a capital improvement project results in a modification of any such floodplain, the General Manager shall, pursuant to his or her duties as set forth in § 10-36(9), document the associated change in the floodplain delineation, which modified floodplain delineation shall be the controlling floodplain delineation for the purpose of this Article. A copy of the studies or reports shall be on file in the office of the City Clerk. Documentation of any modification of a floodplain delineation pursuant to this subsection shall be on file in the permanent records of Utility Services.

(1) McClellands and Mail Creek Major Drainageway Plan, prepared by Cornell Consulting Company and John S. Griffith, P.E., dated December 1980;

(2) Foothills Drainage Basin Drainage Master Plan, prepared by Resource Consultants, Inc., dated February 1981;

(3) Dry Creek Drainageway Planning, prepared by Gingery Associates, Inc., dated January 1980;

(4) West Vine Drainage Basin Major Drainageway Plan, prepared by Engineering Professionals, Inc., dated December 1980;

(5) Spring Creek Master Drainageway Plan, prepared by Engineering Professionals, Inc., dated March, 1988;

(6) Fossil Creek Drainage Basin Master Drainageway Planning Study, prepared by Simons, Li and Associates, Inc., dated August 1982;

(7) Old Town Master Drainage Basin Plan, prepared by Resource Consultants & Engineers, Inc., dated January 7, 1993; and

(8) Canal Importation Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated April 2001.

(Code 1972, § 52-3(A); Ord. No. 125, 1995, 11-7-95; Ord. No. 71, 2000, § 3, 6-20-00; Ord. No. 121, 2001, § 1, 9-4-01; Ord. No. 130, 2002, §§ 9, 19, 9-17-02)

Sec. 10-20. Application to certain lands. top^

(a) Except as provided in subsection (b) of this Section, the provisions of this Article shall apply to all floodplains within the jurisdiction of the city.

(b) Only the prohibition against the construction of critical facilities set forth in § 10-53(4) and the prohibition against the storage of hazardous materials set forth in § 10-53(5) shall apply to any and all development and redevelopment of property that occurs within the floodplains that are delineated in the Canal Importation Master Drainage Plan prepared by Anderson Consulting Engineers, Inc., dated April 2001. Such prohibitions shall also apply to any and all development and redevelopment that occurs outside of FEMA's flood insurance study as referred to in §10-19(a) and outside of any area mapped as part of any city-designated floodplain established pursuant to §10-19(b), but within an area determined, by technical analysis using policies or design criteria approved by the City Council, to have the potential for flooding during a base flood. However, all of the provisions of this Article shall apply to any new development in the areas referenced in this subsection for which an overall development plan, project development plan, or final plan is required under the city's Land Use Code and has not been approved prior to September 14, 2001, if such development or redevelopment results in:

(1) the platting or subdivision of land; or

(2) the construction or placement of any new building on a lot other than as an accessory or addition to an existing building.

(c) If lands located outside the city limits are included within the floodplain, the flood fringe or the floodway, the requirements of this Article shall apply to such lands upon annexation.

(Code 1972, § 52-3(B), (C); Ord. No. 125, 1995, 11-7-95; Ord. No. 121, 2001, §2, 9-4-01)

Sec. 10-21. Disclaimer of liability. top^

The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study. Floods of greater magnitude than the base flood occur on rare occasions or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Article does not imply that areas outside floodplains or land uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the city or any officer or employee for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder.

(Code 1972, § 52-3(D); Ord. No. 125, 1995, 11-7-95)

Sec. 10-22. Nonconforming structures. top^

A structure which existed and was lawful before the passage of the ordinance from which this Article was derived, but which is not in conformity with the requirements of this Article, may be continued, notwithstanding the provisions of this Article, subject to the following conditions:

(1) If a nonconforming structure is abandoned for twelve (12) consecutive months, the structure shall conform to the requirements of this Article prior to any future use. Intent to resume active operations shall not affect the foregoing.

(2) If any nonconforming structure is substantially damaged by any means, including floods, to an extent of fifty (50) percent of its market value, such structure shall not be reconstructed, except in conformity with the provisions of this Article.

(3) Any combination of repairs, reconstruction, rehabilitation, addition or other improvement of a structure, taking place during the life of the structure, the cumulative cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement, shall be made only in conformity with the provisions of this Article.

(Code 1972, § 52-7; Ord. No. 125, 1995, 11-7-95)

Sec. 10-23. Violations and penalties. top^

No structure or land shall be constructed, located, extended, converted, altered or used without full compliance with the terms of this Article and other applicable regulations. Violations of the provisions of this Article by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor. Any person who violates this Article or who fails to comply with any of its requirements shall, upon conviction, be guilty of a misdemeanor and shall be punished as provided in § 1-15 in addition to the collection of any costs which may be provided unless a specific penalty is provided for a particular misdemeanor. Each day that any violation of the provisions of this Article occurs shall constitute a separate offense. Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Code 1972, § 52-8; Ord. No. 125, 1995, 11-7-95; Ord. No. 71, 2000, § 4, 6-20-00)

Cross reference—General penalty, § 1-15.

Secs. 10-24—10-35. Reserved.

DIVISION 2. ADMINISTRATION top^

Sec. 10-36. General Manager's powers and duties. top^

The duties and responsibilities of the General Manager, as defined in § 10-16, shall include but are not limited to:

(1) Reviewing all floodplain use permits to determine that the permit requirements of this Article have been satisfied;

(2) Obtaining evidence prior to the issuance of a floodplain use permit that all necessary permits have been obtained from those federal, state or local government agencies from which prior approval is required. Conditional floodplain use permits may be issued contingent upon receipt of other specifically identified federal, state or local government agency permits of approval;

(3) Reviewing all floodplain use permits to determine if the proposed development is located in the floodway and, if located in the floodway, assuring that the encroachment provisions of this Article are met;

(4) Requiring the obtaining and recording by a professional engineer or land surveyor of the actual elevation in relation to mean sea level of the lowest habitable floor including basement of all new or improved structures and whether or not the structure contains a basement;

(5) Requiring for all new or improved floodproofed structures the following:

a. Verification and recording by a professional engineer or land surveyor of the actual elevation in relation to mean sea level; and

b. Maintenance of the floodproofing certifications required in § 10-37(3).

(6) Maintaining for public inspection all records pertaining to the provisions of this Article;

(7) Notifying adjacent communities and the state Water Conservation Board prior to any alteration or relocation of a watercourse and submitting evidence of such notification to the Federal Emergency Management Agency;

(8) Requiring that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished; and

(9) Making interpretations, where needed, as to the exact location of the boundaries of floodplains, for example, where there appears to be a conflict between the map boundary and actual field conditions. The person contesting the location of such boundary shall be given a reasonable opportunity to appeal the interpretation as provided by the variance procedure in this Article.

(Code 1972, § 52-4(C); Ord. No. 125, 1995, 11-7-95; Ord. No. 71, 2000, § 5, 6-20-00; Ord. No. 121, 2001, § 3, 9-4-01; Ord. No. 130, 2002, § 19, 9-17-02)

Cross reference—Utility Services, § 2-506.

Sec. 10-37. Floodplain use permit. top^

(a) A floodplain use permit shall be obtained from the General Manager before construction or development begins within any floodplain established in this Article. Application for a floodplain use permit shall be made on forms furnished by the General Manager and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the areas in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing.

(b) The following information is specifically 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 this Article; and

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

(1) The signature of the owners of all property subject to the development request on the permit;

(2) A written report showing to the satisfaction of the General Manager that the floodplain use permit may be issued in compliance with all criteria for approval;

(3) A surface view plan showing elevations and contours of the ground; fill and storage elevations; sizes, locations and spatial arrangement of all proposed, anticipated and existing structures on the site; location and elevations of streets, water supplies and sanitary facilities; boundaries of all applicable floodplains, floodways and product corridors in which the proposed development is to be located; and cross section locations and base flood elevation contours; and

(4) Specifications for building construction and materials, filling, dredging, grading, channel improvements and changes, storage of materials, water supply and sanitary facilities.

(d) The General Manager may require the applicant to furnish additional information and details deemed necessary to evaluate the effects of the proposed construction upon the floodplain, including without limitation:

(1) Valley cross-sections showing the floodplain surrounding the watercourse, cross-sections of the area to be occupied by the proposed development, and one-hundred-year flood maximum water-surface elevation information;

(2) A profile showing the slope of the bottom of the channel or thalweg of the watercourse;

(3) A floodplain analysis of the flood profile, elevation and velocity, using methodology acceptable to the city and FEMA, including existing and anticipated uses and making a determination that the proposed construction or development will not cause a rise in the elevation of the water-surface of the one-hundred-year flood; and

(4) A structural analysis by a Colorado registered professional engineer showing that any proposed structures will be adequately designed and constructed to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and scouring.

(e) When reviewing the application for a floodplain use permit, the General Manager shall determine which portions of the floodplain are affected by the particular development request and then shall apply the provisions of this Article as applicable. The General Manager also shall determine whether the application meets the intent of this Chapter after considering the following factors:

(1) The effects upon the efficiency or capacity of the conveyance zone;

(2) The effects upon lands upstream, downstream and in the immediate vicinity;

(3) The effects upon the one-hundred-year flood profile and channel stability;

(4) The effects upon any tributaries to the main stream, drainage ditches and any other drainage facilities or systems;

(5) Whether additional public expenditures for flood protection or prevention will be required;

(6) Whether the proposed use is for human occupancy;

(7) The potential danger to persons upstream, downstream and in the immediate vicinity;

(8) Whether any proposed changes in watercourse will have an adverse environmental effect on the watercourse, including without limitation, erosion of streambanks and streamside trees and vegetation and wildlife habitat;

(9) Whether any proposed water supply and sanitation systems and other utility systems can prevent disease, contamination and unsanitary or hazardous conditions during a flood;

(10) Whether any proposed facility and its contents will be susceptible to flood damage and the effect of such damage;

(11) The relationship of the proposed development to the Elements of the City of Fort Collins Comprehensive Plan and any applicable floodplain management programs;

(12) Whether safe access is available to the property in times of flood for ordinary and emergency vehicles;

(13) Whether the cumulative effect of the proposed development with other existing and anticipated uses will increase flood heights; and

(14) Whether the expected heights, velocities, duration, rate of rise, channel stability and sediment transport of the floodwaters expected at the site will adversely affect the development or surrounding property.

(f) If the General Manager determines that the applicant meets the purposes and requirements of this Chapter, the General Manager shall issue the permit and may attach such conditions as deemed necessary to further the purposes of this Chapter.

(g) A permit issued after the effective date of this Article expires three (3) years after its date of issuance if the permittee has not started construction (see definition for Start of construction) under the permit.

(h) No person who has obtained a permit shall fail to construct in accordance with their approved application and design.

(i) An applicant for a floodplain use permit shall pay twenty-five dollars ($25.). If the General Manager, pursuant to this Article, requires the applicant to furnish a floodplain analysis, the applicant shall pay an additional fee of three hundred dollars ($300.).

(Code 1972, § 52-4(A); Ord. No. 125, 1995, 11-7-95; Ord. No. 71, 2000, § 6, 6-20-00; Ord. No. 130, 2002, § 19, 9-17-02)

Sec. 10-38. Variance procedure. top^

(a) The Water Board, as established in § 2-436, shall hear and decide appeals and requests for variances from the requirements of this Article. Any final decision of the board may be subject to review by the City Council.

(b) The Water Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the General Manager in the enforcement or administration of this Article. Persons desiring to appeal a decision of the General Manager to the Water Board shall at the time of making such appeal pay to the Financial Officer a docket fee in the amount of three hundred dollars ($300.). Written notice of hearing shall be given to the appellant at least three (3) days prior to the hearing by mailing the notice to the appellant's last known address by regular mail. The board shall from time to time adopt such additional rules and regulations as it deems necessary and advisable for the conduct of its hearings and for carrying out the provisions hereof.

(c) In passing upon such applications, the Water Board shall consider all technical evaluations, all relevant factors and standards specified in other sections of this Article 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 service provided by the proposed facility to the community;

(5) The availability of alternate locations for the proposed use which are not subject to flood or erosion damage;

(6) The compatibility of the proposed use with existing and anticipated development;

(7) The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;

(8) The safety of access to the property in times of flood for ordinary and emergency vehicles; and

(9) 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.

(d) Upon consideration of the factors of this Section and the purposes of this Article, the Water Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Article.

(e) The General Manager shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request..

(Code 1972, § 52-5(A); Ord. No. 85, 1991, § 1, 7-16-92; Ord. No. 125, 1995, 11-7-95; Ord. No. 117, 1996, § 4, 9-17-96; Ord. No. 28, 1998, § 3, 3-17-98; Ord. No. 130, 2002, § 19, 9-17-02)

Cross reference—Water Board, § 2-436 et seq.

Sec. 10-39. Conditions for variances. top^

(a) Generally, variances may be issued for construction and improvements to be erected on a lot 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 all factors of the variance procedure have been fully considered.

(b) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed individually on the National Register of Historic Places or on the state's Inventory of Historic Places or designated as a landmark under Chapter 14 of this Code without regard to the procedures set forth in the remainder of this Section.

(c) If the variance sought under this Section would exempt the applicant's property from the application of any provision under this Article that is more restrictive than a comparable provision of the Federal Floodplain Regulations established in 44 C.F.R. Parts 59-78, such variance shall not be subject to the required finding of Subparagraph (h)(2) of this Section.

(d) If the variance sought is for property located in a city-designated floodplain and not in a FEMA-designated floodplain, such variance shall not be subject to the required finding of Subparagraph (h)(2) of this Section.

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

(f) Variances shall not be issued for development within the product corridor of the Poudre River Floodplain, as such floodplain is designated in § 10-60.

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

(h) Variances shall only be issued upon:

(1) The showing of good and sufficient cause;

(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3) A determination that the granting of the variance would not result in any increased flood heights, any additional threat to public safety or to public or private property, any extraordinary public expense, any nuisance or trespass, any fraud on or victimization of the public as identified in this Chapter or conflict with existing local laws or ordinances.

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

(Code 1972, § 52-5(B); Ord. No. 125, 1995, 11-7-95; Ord. No. 71, 2000, § 7, 6-20-00)

Secs. 10-40—10-50. Reserved.

DIVISION 3. STANDARDS FOR FLOOD HAZARD REDUCTION top^

Sec. 10-51. General provisions for flood hazard reduction. top^

In all floodplains, the following standards are required:

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

(2) All manufactured homes shall be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to use of over-the-top or frame ties to ground anchors. The following special requirements shall be that:

a. Over-the-top ties 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 more than fifty (50) feet long requiring one (1) additional tie per side,

b. Frame ties 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,

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

d. Any additions to the mobile home shall be similarly anchored;

(3) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

(4) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage;

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

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

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

(8) 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.

(Code 1972, § 52-6(A); Ord. No. 125, 1995, 11-7-95)

Sec. 10-52. General standards applicable to subdivision proposals. top^

In all floodplains, the following standards for subdivisions are required:

(1) All subdivision proposals shall be consistent with the need to minimize flood damage;

(2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electric and water systems, located and constructed to minimize flood damage;

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

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

(Code 1972, § 52-6(B); Ord. No. 125, 1995, 11-7-95)

Cross reference—Subdivisions, Land Use Code (or Transitional Land Use Regulations, if applicable).

Sec. 10-53. Specific standards for floodplains. top^

In all floodplains where base flood elevation data has been provided as set forth in this Article, the following standards are required:

(1) If a lot or parcel lies partly within the floodway or flood fringe area, the part(s) of such lot or parcel lying within such area or areas shall meet all the standards and requirements of such respective area as prescribed by this Article.

(2) Residential construction:

a. New construction of any residential structure in an area of special flood hazard, and any additions to, or substantial improvements of, such a structure shall have the lowest floor, including basement, elevated to or above the regulatory flood protection elevation;

b. Require within any AO Zone or areas of shallow flooding that all new construction, additions to and substantial improvements of residential structures have the lowest floor, including basement, elevated above the highest adjacent grade at least eighteen (18) inches above the depth number specified in feet on the FIRM (at least two [2] feet if no depth number is specified);

c. Require within areas of shallow flooding adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(3) Nonresidential and mixed-use construction:

a. New construction of any nonresidential or mixed-use structure in an area of special flood hazard, and any additions to, or substantial improvements of, such a structure shall either have the lowest floor, including basement, elevated to the level of the regulatory flood protection elevation or together with attendant utility and sanitary facilities shall:

1. Be floodproofed so that below the regulatory flood protection 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 to the General Manager by a registered professional engineer or architect that the standards of this Subsection are satisfied.

b. Require within any AO Zone or area of shallow flooding that all new construction, additions to and substantial improvements of nonresidential or mixed-use structures (i) have the lowest floor, including basement, elevated above the highest adjacent grade at least eighteen (18) inches above the depth number specified in feet on the FIRM (at least two [2] feet if no depth is specified), and (ii) together with attendant utility and sanitary facilities be completely floodproofed to that level to meet the floodproofing standard specified in this Article;

c. Require within areas of shallow flooding adequate drainage paths around nonresidential and mixed-use structures on slopes to guide floodwaters around and away from proposed structures;

d. The owner of a floodproofed structure shall post and maintain written notices in conspicuous locations on each floor of the structure in such form, locations and numbers as are reasonably necessary to inform the occupants of the structure that the structure is floodproofed, and to identify the location of any equipment in the structure that requires human operation in order for the floodproofing to be effective.

(4) Critical facilities. No new critical facilities shall be constructed in the five-hundred-year floodplain nor shall the existing use of a structure in the five-hundred-year floodplain be changed to a use that would be considered a critical facility.

(5) Hazardous materials. No person shall store a hazardous material, as such material is defined in the Uniform Fire Code adopted in § 9-1 and as amended in § 9-2, below the regulatory flood protection elevation for the area of the floodplain in which it is located, except for the storage of gasoline in existing and replacement underground tanks in existing gasoline service stations and service garages, which tanks are designed to prevent infiltration and discharge into floodwaters and which are adequately anchored and shielded against rupture.

(Code 1972, § 52-6(C)(1), (2); Ord. No. 125, 1995, 11-7-95; Ord. 71, 2000, § 8, 6-20-00; Ord. No. 130, 2002, § 19, 9-17-02)

Sec. 10-54. Manufactured home and recreational vehicle standards in floodplains. top^

Mobile homes shall only be allowed when constructed in accordance with the following conditions:

(1) Mobile homes shall be anchored in accordance with § 18-78;

(2) For new and substantially improved manufactured home parks and subdivisions, for expansions to existing manufactured home parks and subdivisions, for manufactured homes not placed in a manufactured home park or subdivision, and for an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, the following requirements shall apply:

a. Stands or lots shall be elevated on a permanent foundation so that the lowest floor of the manufactured home will be at or above the regulatory flood protection elevation and be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement,

b. Adequate surface drainage and access for a hauler shall be provided, and

c. In the instance of elevation on pilings, lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than ten (10) feet apart; and reinforcement shall be provided for pilings more than six (6) feet above the ground level;

(3) No manufactured home shall be placed in a floodway except in an existing manufactured home park or existing mobile home subdivision;

(4) Require that manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions above be elevated so that the lowest floor of the manufactured home will be at or above the regulatory flood protection elevation and be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement; and

(5) Require that recreational vehicles either:

a. Be on site for fewer than one hundred eighty (180) consecutive days,

b. Be fully licensed and ready for highway use, or

c. Meet the permit requirements and elevation and anchoring requirements for resisting wind forces.

(Code 1972, § 52-6(C)(3); Ord. No. 125, 1995, 11-7-95)

Cross reference—Mobile homes, Ch. 18.

Sec. 10-55. Standards for floodways located in floodplains. top^

Located within floodplains established in this Article are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles and erosion potential, the following provisions shall apply:

(1) No encroachments, including fill, new construction, substantial improvements and other development, shall be permitted unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;

(2) If such a technical evaluation demonstrates that encroachments shall not result in the increase of the flood levels, all construction and improvements shall comply with all applicable flood hazard reduction provisions of this Article;

(3) No placement of manufactured homes except in an existing manufactured home subdivision shall be permitted; and

(4) No person shall change the use of a nonconforming structure from a nonresidential use or mixed-use to a residential use, nor shall any person change the use of a nonconforming structure or conforming structure to use as a critical facility.

(Code 1972, § 52-6(D); Ord. No. 125, 1995, 11-7-95; Ord. No. 71, 2000, § 9, 6-20-00)

Secs. 10-56—10-59. Reserved.

DIVISION 4. POUDRE RIVER FLOODPLAIN top^

Sec. 10-60. Designation of Poudre River Floodplain. top^

In accordance with § 10-19(b), the Poudre River Floodplain Study, a copy of which is on file with the Office of the City Clerk, is hereby adopted by reference and declared to be a part of this Article. The boundaries of the floodplain, floodway and product corridor of the Poudre River Floodplain shall be as delineated in the Study, except as hereinafter modified. The boundary of the floodplain, floodway and product corridor, as established in the Poudre River Floodplain Study, may be modified by the General Manager if, in his or her judgment, such modification is reasonably necessary to comply with the purposes of this Article and to adjust such boundaries as established by the most recent and reliable engineering and scientific studies. Any such modification approved by the General Manager shall be filed in the Office of the City Clerk.

(Ord. No. 71, 2000, § 10, 6-20-00; Ord. No. 130, 2002, § 19, 9-17-02)

Sec. 10-61. Specific standards for Poudre River Floodplain. top^

In addition to complying with all other applicable provisions of this Article, all development in the Poudre River Floodplain, as such floodplain is designated by § 10-60, shall comply with the following applicable provisions unless removed from the floodplain in accordance with § 10-62. If there is any conflict between any of the following provisions and any other provision of this Article, the more restrictive provision shall control.

(1) Property location. If a lot or parcel lies partly within the floodplain, the part or parts of such lot or parcel lying within the floodplain shall meet all applicable standards and requirements of this Article.

(2) Residential construction:

a. New construction. Construction of new residential structures is prohibited in the floodplain, floodway and product corridor.

b. Additions. Additions to residential structures in the floodplain, floodway and product corridor are prohibited.

c. Substantial damage. Any residential structure in the floodway or product corridor that has suffered substantial damage shall not be reconstructed.

d. Redevelopment. Redevelopment of a residential structure in the floodway or product corridor is prohibited.

e. Elevation requirements.

1. Any substantial improvement to a residential structure in the floodplain, floodway or product corridor which is not otherwise prohibited by this Division 4 shall have the lowest floor of the structure, including any basement or crawl space, elevated to or above the regulatory flood protection elevation.

2. Any existing residential structure located in that portion of the floodplain outside of the floodway and the product corridor that has suffered substantial damage may be reconstructed, provided that the lowest floor of the structure, including any basement or crawl space, is elevated to or above the regulatory flood protection elevation.

3. If an existing residential structure located in that portion of the floodplain outside of the floodway and the product corridor is redeveloped, the lowest floor of the redeveloped structure, including any basement or crawl space, shall be elevated to or above the regulatory flood protection elevation.

(3) Nonresidential and mixed-use construction:

a. New construction.

1. The construction of new nonresidential structures is prohibited in the floodway and product corridor.

2. The construction of new mixed-use structures is prohibited in the floodplain, floodway and product corridor.

b. Additions.

1. Additions to nonresidential structures in the floodway and product corridor are prohibited.

2. Additions to mixed-use structures in the floodway and product corridor are prohibited. Additions to a mixed-use structure that result in any expansion of the residential-use area of the structure are prohibited in those portions of the floodplain outside the floodway and product corridor.

c. Substantial damages. Any nonresidential or mixed-use structure in the floodway or product corridor that has suffered substantial damage shall not be reconstructed.

d. Redevelopment. The redevelopment of a nonresidential or mixed-use structure in the floodway or product corridor is prohibited.

e. Elevation and floodproofing requirements.

1. In an area of special flood hazard, when construction of a new nonresidential structure, any addition or substantial improvement to an existing nonresidential or mixed-use structure or the redevelopment of a nonresidential or mixed-use structure is permitted by this Division 4, the structure shall either have the lowest floor, including any basement or crawl space, elevated to the level of the regulatory flood protection elevation or, together with any attendant utility and sanitary facilities, the structure shall:

a) Be floodproofed so that below the regulatory flood protection elevation the structure is water tight with walls substantially impermeable to the passage of water;

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

c) Be certified to the General Manager by a registered professional engineer or architect that the standards of this Subparagraph 1 are satisfied.

2. In the event that construction of a new nonresidential structure or any addition, substantial improvement to or redevelopment of an existing nonresidential or mixed-use structure is permitted by this Division 4 and the structure is located or is to be located in the AO Zone as shown on the FIRM, the structure shall have the lowest floor, including any basement or crawl space, elevated above the highest adjacent grade at least twenty-four (24) inches above the depth number specified in feet on the FIRM (at least two [2] feet if no depth is specified), or together with any attendant utility and sanitary facility, be completely floodproofed to that level and meet the following additional floodproofing standards:

a) Be floodproofed so the structure is water tight with walls substantially impermeable to the passage of water;

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

c) Be certified to the General Manager by a registered professional engineer or architect that the standards of this Subparagraph 2 are satisfied.

3. With respect to any construction of a new nonresidential structure authorized under this Division 4 and any addition or substantial improvement to an existing nonresidential or mixed-use structure within areas of shallow flooding that is authorized under this Division 4, adequate drainage paths around such structures on slopes to guide flood waters around and away from them shall be required.

4. The owner of a floodproofed structure shall post and maintain written notices in conspicuous locations on each floor of the structure in such form, locations and numbers as are reasonably necessary to inform the occupants of the structure that the building is floodproofed and to identify the location of any equipment in the structure that requires human operation in order for the floodproofing to be effective.

(4) Manufactured homes and recreational vehicles:

a. A manufactured home shall not be placed in the floodplain, floodway or product corridor. This provision shall not apply to manufactured homes placed in the floodplain, floodway or product corridor on or before July 1, 2000.

b. Any recreational vehicle located on residential property in the floodplain, floodway or product corridor shall be fully licensed and ready for highway use at all times when located on such property.

(5) Fill. No person shall place any fill in the floodway or product corridor unless it is related to the development of public infrastructure or publicly owned recreational facilities, in which case any fill that is placed for such permitted development shall not cause a rise in the base flood elevation. Fill related to mine reclamation shall be permitted in the floodway and the product corridor so long as it will not cause a rise in the base flood elevation and so long as all changes in the floodway and product corridor are on the mining site. Eligibility for a letter of map revision based on fill from FEMA shall not be considered an exemption from this prohibition.

(6) Floatable materials. No person shall temporarily or permanently store any floatable material on nonresidential property that is located in the floodplain, floodway or product corridor; provided, however, that nonresidential properties in the floodplain, floodway or product corridor having floatable materials stored on them prior to July 1, 2000, shall be permitted to continue to have floatable materials stored on them until any of the following events occur: any change in use of the property; a substantial change in the quantity, type or character of floatable materials on the property which causes an increased risk of flood damage; construction of a new structure on the property; or any addition to or substantial improvement of any existing structure on the property. This Subsection (6) shall not, however, apply to operable motor vehicles parked temporarily on property for the purpose of customer or employee parking, or to a business's temporary outdoor display of inventory during its usual hours of operation.

(7) Dryland access. In the event that the construction of a new structure or addition to or substantial improvement of an existing structure is permitted under this Division 4, dryland access shall be provided for such structure.

(8) Floodway modifications. Floodway modification is prohibited unless it is made in connection with the development of public infrastructure or publicly owned recreational facilities, or unless it is reasonably necessary in connection with the use of property for mining; provided, however, that any such modification for mining shall only occur on the property being mined, and if any property is removed from the floodway or product corridor because of such modification for mining, the property so removed shall not thereafter be used for the construction of any structure upon it.

(Ord. No. 71, 2000, § 10, 6-20-00; Ord. No. 119, 2002, 9-3-02; Ord. No. 130, 2002, § 19, 9-17-02)

Sec. 10-62. Removal of property from floodplain. top^

(a) Subject to the provisions of Subsections (b) and (c) of this Section and all applicable provisions of this Code and the city's Land Use Code (including, without limitation, Land Use Code § 3.3.3), property located in that portion of the floodplain outside the floodway and product corridor may be removed from such floodplain area if one (1) of the following conditions is satisfied:

(1) FEMA has issued a letter of map revision removing the property from the floodplain solely as a result of the construction of stormwater improvements identified in the city's Poudre River Master Drainage Plan; or

(2) FEMA has issued a letter of map revision based on fill removing the property from the floodplain, and at least fifteen (15) percent of the property's boundary is contiguous to property outside the floodplain, there is dryland access on the property and there is dryland access from the property to a publicly maintained street or road and such access and street or road would not be flooded by a base flood.

(b) If the property removed from the floodplain pursuant to Subsection (a) of this Section remains in the five-hundred-year floodplain after such removal, any development on the property shall comply with all requirements and prohibitions of this Article pertaining to the five-hundred-year floodplain.

(c) If property is removed from the floodplain in accordance with Subparagraph (a)(2) of this Section, any structure built or existing on such property must have the lowest floor of the structure, including any basement or crawl space, elevated to or above the regulatory flood protection elevation and, if the structure is a manufactured home, it shall also comply with all the requirements of § 10-54.

(Ord. No. 71, 2000, § 10, 6-20-00)

Sec. 10-63. Uses allowed in floodplain, floodway and product corridor. top^

Nonstructural uses, public infrastructure and recreational facilities shall be allowed in the floodplain, floodway and product corridor, provided that such uses comply with all applicable provisions of this Article and provided that such uses are otherwise permitted by the city's applicable zoning and land use laws and regulations. Redevelopment and substantial improvement of existing residential structures shall be permitted in those portions of the floodplain outside the floodway and product corridor, provided that such structures are otherwise permitted by this Article and the city's applicable zoning and land use laws and regulations. New nonresidential structures and additions, substantial improvements to, and redevelopment of, existing nonresidential and mixed-use structures shall be permitted in those portions of the floodplain outside the floodway and product corridor, provided that such structures are otherwise permitted by this Article and the city's applicable zoning and land use laws and regulations. The rehabilitation of residential, nonresidential and mixed-use structures existing as of July 1, 2000, in the floodplain, floodway and product corridor shall be permitted, provided that all the substantial improvement requirements of this Article are satisfied and provided that the regulatory flood protection elevation mandated by such substantial improvement requirements shall be not less than twenty-four (24) inches above the base flood elevation.

(Ord. No. 71, 2000, § 10, 6-20-00)

Sec. 10-64. Takings determination. top^

Persons who claim that their property has been taken by reason of the application of any provision of this Division 4 shall follow the takings determination provisions of Division 2.13 of the city's Land Use Code before instituting any judicial proceeding against the city claiming a taking of their affected property.

(Ord. No. 71, 2000, § 10, 6-20-00)

Secs. 10-65—10-70. Reserved.

ARTICLE III. IRRIGATION DITCHES top^

Sec. 10-71. Definition. top^

The following term, when used in this Article, shall have the meaning indicated.

Main lateral shall mean any lateral running on a line outside the outer line of any block and parallel with the outer line of such block.

(Code 1972, § 65-2)

Cross reference—Definitions and rules of construction generally, § 1-2.

Sec. 10-72. Headgate required. top^

Any person using water for irrigation or domestic purposes within the city or conducting water through the city for the purpose of irrigation shall be required to construct and maintain at the point where such water is taken from any main lateral a good and sufficient headgate of sufficient capacity to furnish the amount of water required for such purposes. The headgate shall be constructed and placed in position under the supervision of the General Manager.

(Code 1972, § 65-1; Ord. No. 130, 2002, § 19, 9-17-02)

Sec. 10-73. Escape ditch for wastewater. top^

Any person using water for irrigation or other purposes within the city shall be required before using it to construct upon the lower side and outer side of the limits of the block in which the land irrigated is situated a good and sufficient ditch or escape passage for water. The ditch or passage shall be constructed to connect with some main lateral already constructed and of sufficient capacity to carry off all wastewaters. Such ditch or passage constructed on the outside of the block shall be constructed under the superintendence of the General Manager and at the expense of the party using such water.

(Code 1972, § 65-3; Ord. No. 130, 2002, § 19, 9-17-02)

Sec. 10-74. Main ditches. top^

All main ditches shall be constructed upon a line parallel with the outer line and shall cross that street at right angles.

(Code 1972, § 65-4)

Sec. 10-75. Obstruction and pollution of ditches prohibited. top^

It shall be unlawful to place any obstruction in any main lateral or to place or to throw into any such lateral any rubbish or other thing which shall obstruct the natural flow of water in such lateral. It shall be unlawful to place or cause to be placed in or near any ditch, main lateral or private ditch within the city, the carcasses of dead animals or any other impure thing or substance calculated to pollute the water flowing therein.

(Code 1972, § 65-5)

Sec. 10-76. Main lateral to be constructed. top^

Any person desiring to use water for irrigation, domestic or other purposes shall construct by the consent or under the supervision of the proper authorities of the city a main lateral from the canal or source of supply of good and sufficient capacity to conduct the water from the source of supply to the place, lot or lots where they may desire to use it so that the water running through it shall not flood the streets or alleys of the city or cause damage to the property of any person. The parties constructing laterals shall be required to do the construction at their own expense and build the first bridge and crosswalks over it subject to the approval of the City Council.

(Code 1972, § 65-6)

Sec. 10-77. Repairs of laterals by city; costs recovered. top^

The city shall have the power and it shall be the duty of the General Manager in case any person shall fail or neglect to keep in repair any lateral through which they receive water for any of the uses herein described to repair it at the expense of the city, and the city shall have a private action for collection of such costs.

(Code 1972, § 65-7; Ord. No. 130, 2002, § 19, 9-17-02)

Sec. 10-78. Ditches across streets. top^

Any person owning or constructing any ditch in, upon or across any public street, avenue, alley or other highway within the city shall keep such street, avenue, alley or highway open and safe for convenient travel by tiling the ditch entirely across such street, avenue, alley or highway. The tiling shall be covered with not less than six (6) inches of earth. The tiling shall be laid and covered within five (5) days after the excavation for such ditch is made.

(Code 1972, § 65-8)

Cross reference—Streets, § 24-91 et seq.

Sec. 10-79. Deposits on banks unlawful. top^

It shall be unlawful for the owners of any ditch within the city to deposit upon the banks or elsewhere within the city any muck, vegetable or animal matter or any substance partly composed of vegetable or animal matter which may have been taken from the ditch.

(Code 1972, § 65-9)

Sec. 10-80. Water flowing on streets unlawful. top^

It shall be unlawful for any person to permit water to flow from the premises which they occupy upon that part of any street, avenue or alley within the city set apart for vehicle travel.

(Code 1972, § 65-10)

Sec. 10-81. Permitting irrigation water on streets unlawful. top^

(a) It shall be unlawful for any person while irrigating either by means of a ditch or a hose to permit the water used in such irrigation to flow upon that part of any street, avenue or alley within the city set apart for vehicle travel.

(b) In all actions brought to enforce this Section, the person actually irrigating shall be deemed equally guilty with the principal, and the principal shall likewise be deemed equally guilty with the agent.

(Code 1972, § 65-11)

Cross reference—Streets, § 24-91.