ARTICLE 070.090
Flood Damage Prevention
070.090.010 Findings of Fact
070.090.020 Statement of Purpose
070.090.030 Methods of Reducing Flood Losses
070.090.040 Definitions
070.090.050 Lands to Which This Article Applies
070.090.060 Basis for Establishing the Areas of Special Food Hazard
070.090.070 Compliance
070.090.080 Abrogation and Greater Restrictions
070.090.090 Interpretation
070.090.100 Warning and Disclaimer of Liability
070.090.110 Establishment of Development Permit
070.090.120 Designation of Director of Community Development
080.090.130 Duties and Responsibilities of the Director
080.090.140 Variance Procedure
090.090.150 General Standards
090.090.160 Specific Standards
090.090.170 Floodways
090.090.180 Non-conforming Uses
080.090.190 Amendments
(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, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
(A 56-88 §1)
070.090.020 Statement of Purpose.
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 to specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and
(8) To ensure that those who occupy the areas of special flood hazards assume responsibility for their actions.
(A 56-88 §1)
070.090.030 Methods of Reducing Flood Losses.
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.
(A 56-88 §1)
Unless specifically defined below, words or phrases used in this Article shall be interpreted so as to give them the meaning they have in common usage and to give this Article its most reasonable application.
Appeal means a request for a review of the Director's interpretation of any provision of this Article or a request for a variance.
Area of shallow flooding means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
Area of special flood hazard means the land in the floodplain subject to a one-percent or greater chance of flooding in any given year.
Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year.
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 located within the area of special flood hazard.
Existing 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, construction of streets and other final site grading or the pouring of concrete pads) is completed before the effective date of the Flood Plain Management Regulations adopted by the City. (A 20-90 §1)
Expansion to existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, construction of streets and either final site grading or the pouring of concrete pads). (Ad 20-90 §2)
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 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 one (1) foot.
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 requirements of this Article.
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 attached to the required utilities. The term manufactured home does not include a recreational vehicle. (A 20-90 §3)
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 January 1, 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, construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of Flood Plain Management Regulations adopted by the City. (Ad 20-90 §4)
Recreational 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. (Ad 20-90 §5)
Start of construction includes 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, installation of piles, 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.
Structure means a walled and roofed building or manufactured home that is principally above ground.
Substantial damage means any 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. (Ad 20-90 §6)
Substantial
improvement means any rehabilitation, addition or other improvement of a
structure, the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure before the start
of construction of the improvement. This term includes structures which have
incurred substantial damage
regardless of the actual repair work performed.
The term does not however, include either:
a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
b. Any alteration of an historic structure. (A 20-90 §7)
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.
(A 56-88 §1; A 20-90 §§1, 3, 7; Ad 20-90 §§2, 4—6)
070.090.050 Lands to Which this Article Applies.
This Article shall apply to all areas of special flood hazards within the jurisdiction of the City. (A 56-88 §1)
070.090.060 Basis for Establishing Areas of Special Flood Hazard.
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 the City of Glenwood
Springs," dated October 15, 1985, with an accompanying Flood Insurance
Rate Map (FIRM), is hereby adopted by reference and declared to be a part of
this Title. The Flood Insurance Study
and FIRM are on file at the office of the Director of Community Development,
No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Article and other applicable regulations. (Ad 56-88 §1)
070.090.080 Abrogation and Greater Restrictions.
This Article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Article and another Article, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (A 56-88 §1)
In the interpretation and application of this Article, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(A 56-88 §1)
070.090.100 Warning and Disclaimer of Liability.
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 hazard 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. (A 56-88 §1)
070.090.110 Establishment of Development Permit.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 070.090.060. Application for a development permit shall be made on forms furnished by the Director and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials and 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 flood-proofed;
(3) Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in Section 070.090.160(2); and
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(A 20-88 §5; A 56-88 §1)
070.090.120 Designation of Director of Community Development.
The Director of Community Development is hereby appointed to administer and implement this Article by granting or denying development permit applications in accordance with its provisions. As used herein, the term Director means the Director of Community Development. (A 20-88 §5; A 56-88 §1)
070.090.130 Duties and Responsibilities of Director.
Duties of the Director shall include, but not be limited to:
(1) Permit review:
a. Review all development permits to determine that the permit requirements of this Article have been satisfied.
b. Review all development permits to determine that all necessary permits have been obtained from federal, state or local governmental agencies from which prior approval is required.
c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 070.090.170(1) below are met. (A 56-88 §1)
(2) Use of other base flood data: When base flood elevation data has not been provided in accordance with Section 070.090.060, the Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from any federal, state or other source as criteria for requiring that new construction, substantial improvements or other development in Zone A are administered in accordance with Section 070.090.160 (A 20-88 §5; A 56-88 §1)
(3) Information to be obtained and maintained:
a. The Director shall 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, and whether or not the structure contains a basement.
b. For all new or substantially improved flood-proofed structures:
1. Verify and record the actual elevation (in relation to mean sea level) to which the structure has been flood-proofed.
2. Maintain the flood-proofing certifications required in Subsection 070.090.110(3).
c. Maintain for public inspection all records pertaining to the provisions of this Article. (A 20-88 §5; A 56-88 §1)
(4) Alteration of watercourses:
a. 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.
b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (A 20-88 §5; A 56-88 §1)
(5) Interpretation of FIRM boundaries: 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 070.090.140. (A 20-88 §5; A 56-88 §1)
(A 20-88 §5; A 56-88 §1)
070.090.140 Variance Procedure.
(a) Appeal Board:
(1) The Planning and Zoning Commission ("Commission") shall hear and decide appeals and requests for variances from the requirements of this Article.
(2) The Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Director in the enforcement or administration of this Article. Such appeals shall be subject to the procedures set forth in Section 070.010.050.
(3) In passing upon such applications, the Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Article, and:
a. The danger that materials may be swept into other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location where applicable;
f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. The compatibility of the proposed use with the existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. 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; and
k. 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, streets and bridges.
(4) Upon consideration of the factors of Subsection (a)(3) above and the purposes of this Article, the Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Article.
(5) The Director shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency. (A 20-88 §5; A 56-88 §1)
(b) Conditions for variances:
(1) 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 level, provided that the requirements of Subsection (a)(3) above have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justifications required for issuing the variance increases.
(2) 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.
(3) Variances shall not be used within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c. 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 (a)(3) above or conflict with this Code or the City goals, policies and plans.
(6) 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 below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation. (A 56-88 §1)
(A 20-88 §5; A 56-88 §1)
070.090.150 General Standards.
In all areas of special flood hazards, the following standards are required:
(1) Anchoring:
a. 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.
b. All manufactured homes must 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. 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 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 one (1) additional tie per side.
2. 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.
3. All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds.
4. Any additions to the manufactured home be similarly anchored. (A 56-88 §1)
(2) Construction materials and methods:
a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (A 56-88 §1)
(3) Utilities:
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (A 56-88 §1)
(4) Subdivision proposals:
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; and
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). (A 56-88 §1)
(A 56-88 §1)
070.090.160 Specific Standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 070.090.060 or Section 070.090.l30(2), the following provisions are required:
(1) Residential construction.
a. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation.
b. Require within any AO and AH Zone on the FIRM that all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two [2] feet if no depth number is specified).
c. Require within Zones AO and AH adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (A 56-88 §1)
(2) Nonresidential construction.
a. 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:
1. Be flood-proofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this Paragraph. Such certifications shall be provided to the official as set forth in Section 070.090.130(3)b.
b. Require within any AO and AH Zone on the FIRM that all new construction and substantial improvements of nonresidential structure: (1) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two [2] feet if no depth number is specified); or (2) together with attendant utility and sanitary facilities be completely flood-proofed to that level to meet the flood-proofing standard specified in Section 070.090.150(3)a above.
c. Require within Zones AO and AH adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (A 20-88 §5; A 56-88 §1)
(3) Manufactured homes.
a. Manufactured homes that are placed or substantially improved within Zones A1-30, AH and AE on sites: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
b. Manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivision within Zones A1-30, AH and AE that are not subject to the provisions of the previous paragraph shall be elevated so that either: (1) the lowest floor of the manufactured home is at or above the base flood elevation; or (2) the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than thirty-six (36) inches in height above grade and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (A 56-88 §1; R & Re 20-90 §8)
(A 56-88 §1; A 20-88 §5; R & Re 20-90 §8)
Located within areas of special flood hazard established in Section 070.090.060 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(1) Encroachments, including fill, new construction, substantial improvements and other development, are prohibited in the floodway unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2) If
Subsection (1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions
of Section 070.090.150 and 070.090.160. (A 56-88 §1)
(A 56-88 §1)
070.090.180 Nonconforming Uses.
The provisions of this Article shall not apply to or affect any fixed building or structure already lawfully in place or the terms or conditions of any lawful permit already granted at the time of the effective date of this Article, provided that in the event of destruction or damage of over fifty percent (50%) of such use or structure, the reconstruction or replacement of such building shall be considered a substantial improvement and be governed by the applicable provisions of this Article.
Any amendments of this Article or the maps or studies incorporated herein shall be subject to and governed by the provisions of Section 070.040.060.