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LARIMER COUNTY PLANNING COMMISSION
Minutes of October 16, 2013
The Larimer County Planning Commission met in a regular session on Wednesday, October 16, 2013, at 6:30 p.m. in the Hearing Room. Commissioners’ Dougherty, Gerrard, Jensen and Wallace were present. Commissioners’ Cox, Miller and Zitti were absent. Commissioner Glick presided as Chairman. Commissioner Bohling resigned from the Commission. Also present were Matt Lafferty, Principle Planner, Samantha Mott, Planner II, Eric Tracy, Engineering Department, Doug Ryan, Health Department, and Jill Wilson, Recording Secretary.
AMENDMENTS TO THE AGENDA:
Mr. Lafferty asked that Items #1 & 2 be moved to the consent agenda.
MOTION by Commissioner Wallace to move Item #1 Fire Mountain Special Review and Item #2 Amendments to the Larimer County Land Use Code Section 4.2.2 to the consent agenda, seconded by Commissioner Dougherty. This received unanimous voice approval.
ITEM #1 FIRE MOUNTAIN SPECIAL REVIEW 13-Z1914: Ms. Mott provided background information for a State-Licensed Group Home in the O-Open Zoning District locate at 5532 E. Highway 36, Estes Park; approximately 2 miles southeast of the intersection of Highway 36 and Hermit Park Road. The group home would include a residential program that would be licensed for up to 48 children ages 12-17. The number of youth residents would be held to a maximum of 24. The residential programs would last for 4-6 months and would include individual, group and family counseling. The facility would also include staff training (4 times a year with 10-20 people each time), parenting workshops (4 times a year with 10-30 people each time), and occasional daytime empowerment camps and workshops for kids and teens (1-4 times a year). In addition, the applicants propose to hold an annual or biannual banquet as a scholarship fundraiser. She noted that two neighbors voiced their concerns; however, they state that their concerns had since been addressed.
Commissioner Wallace asked what was the response to the trespassing concerns.
Ms. Mott explained how the applicant addressed the issue.
Commissioner Dougherty moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners adoption of the Fire Mountain Special Review, file #13-Z1914, for the property described on “Exhibit A” to the minutes, subject to the following conditions:
1. This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.
2. The Site shall be developed consistent with the approved plan and with the information contained in the Fire Mountain Special Review, File #13-Z1914, except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Fire Mountain Special Review.
3. Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners
4. This application is approved without the requirement for a Development Agreement.
5. The facility shall operate under the following conditions:
6. The sewer system shall be upgraded to a state-permitted sewage treatment works prior to population increases at the facility that would result in a wastewater flow of greater than 2,000 gallons per day. Prior to increasing the population above the current level of 8 residential youths, the applicant must provide documentation that either the sewer system has been upgraded to allow the expanded use above 2,000 gallons per day, or that the increased population does not result in wastewater flow greater than 2,000 gallons per day. Documentation may be in the form of correspondence from the Colorado Department of Public Health and Environment that sewer upgrades have been completed, or water use data acceptable to the Larimer County Department of Health and Environment indicating that an incremental increase in the population at the facility would not result in a flow greater than 2,000 gallons per day.
7. The applicant must apply for and obtain building permits for all structures as indicated in Candace Phippen’s Code Compliance Section letter dated September 4, 2013.
8. The applicant shall either obtain building permit for the outbuildings on the property that were never permitted or remove them from the property.
9. Any new accessory non-residential structure must be located outside of floodpain, wetlands, and be located 100 feet from the centerline of the two waterways that run through the property that are identified on a USGS 7.5 minute quadrangle map.
10. The applicants shall provide verification to the County that they have obtained a legal source of water for the horses prior to having them on site.
11. In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review. All remedies are cumulative and the County’s election to use one shall not preclude use of another. In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.
12. County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.
13. The Findings and Resolution shall be a servitude running with the Property. Those owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.
Commissioner Gerrard seconded the Motion.
Commissioners’ Dougherty, Gerrard, Jensen, Wallace and Chairman Glick voted in favor of the Motion.
MOTION PASSED: 5-0
ITEM #2 AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE – SECTION 4.2.2 #13-CA0137 : Mr. Tracy provided background information on the to revise the Larimer County Land Use Code Section 4.2.2 Floodplain Overlay Zone Districts to remain compliant with the new State Regulations and to update the format. He stated that the amendments had been taken to several boards and worksessions. An open house was also held for the public but had no attendees.
Commissioner Dougherty moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Amendments to the Larimer County Land Use Code, file #13-CA0137, as shown on “Exhibit B” to the minutes.
Commissioner Wallace seconded the Motion.
Commissioners’ Dougherty, Gerrard, Jensen, Wallace and Chairman Glick voted in favor of the Motion.
MOTION PASSED: 5-0
REPORT FROM STAFF: Mr. Lafferty reminded the Commission of their upcoming meetings.
ADJOURNMENT: There being no further business, the hearing adjourned at 9:45 p.m.
These minutes constitute the Resolution of the Larimer County Planning Commission for the recommendations contained herein which are hereby certified to the Larimer County Board of Commissioners.
Scott Glick, Chairman Nancy Wallace, Secretary
A portion of land located in Section 3, T4N, R72W, of the 6th P.M. , Larimer County, State of Colorado
4.2.2 Floodplain Overlay Zones
A. Purpose. The following Floodplain Overlay Zone Districts identify areas that are subject to periodic inundation, which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the health, safety and general welfare of the public.
In order to accomplish this purpose, the intent of the Floodplain Overlay Zone Districts is to:
1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;
4. Control filling, grading, dredging and other development which may increase flood damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
B. Applicability. The Floodplain Overlay Zone Districts shall apply to all FEMA and Local 100-year Special Flood Hazard Areas and the areas defined as the 500-year floodplain along the Poudre River within the GMA of Fort Collins along with areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F).
The Special Flood Hazard Areas identified locally and by the Federal Emergency Management Agency in the most recent scientific and engineering report entitled, "The Flood Insurance Study for Larimer County," with accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto are adopted by reference and declared to be a part of this code. These Special Flood Hazard Areas identified by the FIS and attendant mapping are the minimum area of applicability of this overlay zone and are supplemented by studies designated and approved by Larimer County.
These floodplain zoning districts are overlay zones. The underlying zoning district continues to apply to the extent it has not been modified by or is inconsistent with this section. Uses followed by an (FPSR) require approval through the Floodplain Special Review rules described in subsection 4.2.2.G.6.
The degree of flood protection required by this section of the code is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. These Floodplain Overlay Zone Districts do not imply that land outside the overlay zones or uses permitted within such areas will be free from flooding or flood damages. These Floodplain Overlay Zone Districts shall not create liability on the part of Larimer County or any official or employee thereof for any flood damages that result from reliance on this code or any administrative decision lawfully made there under.
C. District Boundaries. The boundaries of the Floodplain Overlay Zone Districts are as shown on the Digital Flood Insurance Rate Maps (DFIRM) and are approximate. Anyone contesting the location of the district boundary may submit actual elevation of the ground surface as determined by a site survey performed by a licensed professional engineer or surveyor hired by the applicant. The information will be cross-referenced to the flood profile elevations where they exist. The Floodplain Administrator makes the final decision on district boundary locations.
The electronic Digital Flood Insurance Rate Map (DFIRM) prepared and published by FEMA and the digital version of the Local Floodplains shall be designated as an official map of the Floodplain Overlay Zone Districts.
Whenever FEMA issues a new edition of the DFIRM, the new electronic map in this edition shall become the official map of the Floodplain Overlay Zone District.
1. All new construction or substantial improvements shall:
a. be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
b. be constructed by methods and practices that minimize flood damage.
c. be constructed with materials resistant to flood damage.
d. 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.
2. All manufactured homes shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. 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.
3. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
4. New construction and Substantial Improvement of any residential structure shall have the lowest floor (including basement), elevated to the Regulatory Flood Protection Elevation. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a Professional Engineer, or Professional Land Surveyor licensed in the state of Colorado. Such certification shall be submitted to the Floodplain Administrator before issuance of a certificate of occupancy.
5. With the exception of Critical Facilities, outlined in Section 4.2.2.E, new construction and substantial improvements of any commercial, industrial, or other nonresidential structure shall either have the lowest floor (including basement) elevated to the Regulatory Flood Protection Elevation or, together with attendant utility and sanitary facilities, be designed so that at the applicable Flood Protection Elevation the structure is watertight with walls and openings substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered Colorado Professional Engineer shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice. Such certification shall be submitted to the Floodplain Administrator before a building permit can be issued.
6. New construction and substantial improvements, including accessory buildings with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
a. Designs for meeting this requirement must either be certified by a registered Colorado Professional Engineer or meet or exceed the following minimum criteria:
1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
2. The bottom of all openings shall be no higher than 1.0 foot above grade.
b. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
7. All manufactured homes that are placed or substantially improved within a Special Flood Hazard Area on sites outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision in which a manufactured home has incurred "substantial damage" as a result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to the applicable Flood Protection Elevation and shall be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
a. All manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision within a Special Flood Hazard Area that are not subject to the provisions of the above paragraph, shall be elevated so that either:
1. The lowest floor of the manufactured home is above the Flood Protection Elevation, or
2. The manufactured home chassis is supported by reinforced piers or equivalent strength foundation elements no less than 36 inches in height above grade and is securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
8. All recreational vehicles placed on sites within a Special Flood Hazard Area shall:
a. Be on the site for a period not to exceed 180 days in any 12-month period,
b. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, with no permanently attached additions, or
c. Meet the permit requirements of Section 4.2.2.H, and the elevation and anchoring requirements for "manufactured homes" in Section 4.2.2.D.
9. All proposed development shall:
a. be made reasonably safe from flooding and provide adequate drainage to reduce exposure to flood hazards.
b. have the Base Flood Elevation generated if it is greater than 50 lots or 5 acres, whichever is less, if not otherwise provided.
c. have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
d. meet the Floodplain Development Permit requirements of Section 4.2.2.H.
10. Stream alteration projects shall appropriately consider issues of sediment transport, erosion, deposition, and channel migration, and shall properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity. A detailed analysis of sediment transport and overall channel stability should be considered, when appropriate, to assist in determining the most appropriate design.
11. Stream alteration projects shall evaluate the residual 100-year floodplain.
12. Any proposed stream alteration activity must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable Federal, State and local floodplain rules, regulations and ordinances.
13. Any stream alteration activity shall be designed and sealed by a registered Colorado Professional Engineer.
14. All activities within a Floodplain Overlay Zone District shall meet all applicable Federal, State and local floodplain requirements and regulations.
15. Within the Regulatory Floodway, floodplain development activities shall not occur unless the applicant demonstrates through a Floodway analysis, documented and sealed by a registered Colorado Professional Engineer, that not more than a 0.00-foot rise in the Base Flood Elevation results from the proposed conditions compared to existing conditions, otherwise known as a No-Rise Certification, unless a CLOMR is first applied for by the applicant and approved by FEMA.
16. A recorded Maintenance Agreement shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished.
17. Larimer County does not regulate typical agricultural wire and t-post fencing within a Floodplain Overlay Zone District.
18. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
19. Outdoor storage or processing of materials that in time of flooding are buoyant, flammable, explosive, or could be injurious to human, plant or animal life is prohibited.
20. For waterways with Base Flood Elevations for which a regulatory Floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall not be permitted, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 0.50 feet at any point.
21. Railroads, streets, roads, bridges, flood and water control structures, above and below ground utilities (excluding service connections), pipelines, marinas, boat rentals, docks, piers, and wharves, if allowed by underlying zoning shall be processed as a Floodplain Special Review.
1. Critical Facilities are classified under the following categories: Essential Services; Hazardous Materials; At-risk Populations; and Vital to Restoring Normal Services.
2. Critical facilities that are designated as historical structures (determinations by the State Historic Preservation Office) are exempt as Critical Facilities.
3. Open space activities such as agriculture, horticulture, floriculture, recreation, and mineral extraction including oil and gas activities are exempt as Critical Facilities unless provisions within 4.2.2.E apply.
4. Critical Facilities are not allowed within the Cache La Poudre River GMA 100-year or the Cache La Poudre River GMA 500-year floodplain overlay zones regardless of any Letter of Map Revision based on Fill issued by FEMA.
5. Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines. These facilities consist of:
a. Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and, emergency operation centers).
b. Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and non-ambulatory surgical structures but excluding clinics, doctors offices, and non-urgent care medical structures that do not provide these functions);
c. Designated emergency shelters;
d. Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio, and other emergency warning systems, but excluding towers, poles, lines, cables, and conduits);
e. Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, electric and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines); and
f. Air Transportation lifelines (municipal and larger airports, helicopter pads and structures serving emergency functions, and associated infrastructure including aviation control towers, air traffic control centers, and emergency equipment aircraft hangars).
g. Specific exemptions to this category include wastewater treatment plants (WWTP), non-potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.
h. Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the Larimer County Flood Review Board that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with the provisions of this code, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Larimer County Engineering Department on an as-needed basis upon request.
6. Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials. These facilities may include:
a. Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);
b. Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;
d. Hazardous waste storage and disposal sites; and
e. Above ground gasoline or propane storage or sales centers.
f. Specific exemptions to this category include:
1. Finished consumer products within retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use.
2. Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional (as determined by the County) that a release of the subject hazardous material does not pose a major threat to the public.
3. Pharmaceutical sales, use, storage, and distribution centers that do not manufacture pharmaceutical products.
4. These exemptions shall not apply to buildings or other structures that also function as Critical Facilities under another category outlined in this code.
7. At-risk population facilities include medical care, congregate care, and schools. These facilities consist of:
a. Elder care (nursing homes);
b. Congregate care facilities and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood
c. Public and private schools (pre-schools, K-12 schools), before-school and after-school care serving 12 or more children); daycare facilities
8. Facilities vital to restoring normal services including government operations. These facilities consist of:
a. Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers);
b. Essential structures for public colleges and universities (dormitories, offices, and classrooms only).
d. These facilities may be exempted if it can be demonstrated to the satisfaction of the Larimer County Flood Review Board that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this ordinance, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Larimer County Engineering Department on an as-needed basis upon request.
9. PROTECTION FOR CRITICAL FACILITIES. All new and substantially improved Critical Facilities and new additions to Critical Facilities located within the Floodplain Overlay Zone Districts shall be regulated to a higher standard than structures not determined to be Critical Facilities. Protection shall include one of the following:
a. Location outside the Special Flood Hazard Area; or
b. Elevation or floodproofing of the structure to at least 2.0 feet above the Base Flood Elevation.
10. INGRESS AND EGRESS FOR NEW CRITICAL FACILITIES. New Critical Facilities shall, except when impracticable as determined by the Larimer County Flood Review Board, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a100-year flood event.
F. Floodplain Overlay Zone Districts.
1. FW-Floodway District (FEMA and Local Zone AE).
a. Allowed Uses can be found in the Zoning Table in Section 4.1.
b. Requirements for uses in the FW - Floodway district:
1. All uses must comply with 4.2.2.D.
2. Larimer County regulates the 0.50 foot rise floodway except in mountainous areas where mountain floodway criteria is sometimes applicable.
3. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory Floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed by a licensed Colorado Professional Engineer and in accordance with standard engineering practice that the proposed encroachment would result in less than a 0.00 foot increase (requires a No-Rise Certification) in base flood elevations within the community during the occurrence of the base flood discharge.
4. In the event fill is allowed, it must be protected against erosion by the use of rip rap, bulk heading or vegetative cover appropriately designed and certified by a Colorado Registered Professional Engineer.
5. Structures must not be intended or used for human habitation.
6. Structures must be constructed so the longer axis of the structure is parallel to the direction of the flood flow.
7. Whenever possible, the placement of the structure must be on the same flood-flow lines as those of adjoining structures.
8. No new or expanded on-site wastewater treatment systems shall be installed in a floodway.
2. FF – Flood Fringe District (FEMA and Local Zone AE).
a. Allowed Uses can be found in the Zoning Table in Section 4.1.
b. Requirements for uses in the FF – Flood Fringe district are outlined in 4.2.2.D.
3. FH – Flood Hazard District (FEMA Zone A)
a. Allowed Uses can be found in the Zoning Table in Section 4.1.
b. Requirements for uses in the FH – Flood Hazard district are outlined in 4.2.2.D.
c. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the FH – Flood Hazard district unless it has been demonstrated through hydrologic and hydraulic analyses performed by a licensed Colorado Professional Engineer and in accordance with standard engineering practice that the proposed encroachment is not within the area that is defined as the 0.50 foot floodway in the analysis performed by the engineer.
4. SF - Shallow Flooding District (FEMA and Local Zone AO, Zone AH).
a. Allowed Uses can be found in the Zoning Table in Section 4.1.
b. Requirements for uses in the SF – Shallow Flooding district are outlined in 4.2.2.D.
c. Residential Construction - All new construction and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least 1.5 feet above the depth number specified in feet on the FIRM (at least 3.0 feet if no depth number is specified). Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado Professional Engineer or Professional Land Surveyor. Such certification shall be submitted to the Floodplain Administrator.
d. Nonresidential Construction - With the exception of Critical Facilities, outlined in 4.2.2.E, all new construction and Substantial Improvements of non-residential structures, must have the lowest floor (including basement) elevated above the highest adjacent grade at least 1.5 feet above the depth number specified in feet on the FIRM (at least 3.0 feet if no depth number is specified), or together with attendant utility and sanitary facilities be designed so that the structure is watertight to at least 1.5 feet above the base flood level with wall substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. A registered Colorado Professional Engineer shall submit a certification to the Floodplain Administrator that the standards of Section 4.2.2 are satisfied.
5. Cache La Poudre River GMA 100-year Floodplain District
a. Allowed Uses can be found in the Zoning Table in Section 4.1.
b. Requirements and procedures within the Cache La Poudre GMA 100-year Floodplain Zoning District shall be the same as requirements and procedures within the FF Flood Fringe and FW Floodway Zoning Districts respectively, except as noted below.
1. Any new structure excepting expansion of existing non-conforming structures placed in the Cache La Poudre River GMA 100-year Floodplain Zoning District shall have its lowest floor level placed at or above the GMA Regulatory Flood Protection Elevation.
2. If any nonresidential structure or portions thereof are not constructed on fill, the structure or portion not on fill must be floodproofed to the GMA Regulatory Flood Protection Elevation.
3. New critical facilities shall be prohibited within the Cache La Poudre River GMA 100-year Floodplain Zoning District, regardless of any Letter of Map Amendment based on fill that may have been issued by the Federal Emergency Management Agency relative to the 100 year floodplain.
4. Reconstruction, repair or enlargement of existing public and private utility facilities may be allowed as a Floodplain Special Review use upon a showing that the design of the reconstruction, repair or enlargement is consistent with the need to maintain or restore normal services to flooded areas before, during and after a regulatory flood.
6. Cache La Poudre River GMA 500-year Floodplain District
a. New Critical Facilities shall be prohibited within the Cache La Poudre River GMA 500-year Floodplain Zoning District, regardless of any Letter of Map Revision based on fill (LOMR-F) that may have been issued by the Federal Emergency Management Agency relative to the 100 year floodplain.
b. Reconstruction, repair or enlargement of existing public and private utility facilities may be allowed as a Floodplain Special Review use upon a showing that the design of the reconstruction, repair or enlargement is consistent with the need to maintain or restore normal services to flooded areas before, during and after a regulatory flood.
G. Flood Review Board.
1. The Flood Review Board:
a. Is appointed by the Board of County Commissioners.
b. Consists of five to seven members.
c. Selects a chairperson annually.
d. Must have a quorum of at least three members to conduct business.
2. Powers of the Flood Review Board:
a. To review and determine the exact location of a zoning district boundary in a FW, FF, and FH district as it relates to any specific piece of property.
b. To review and make recommendations to the Board of County Commissioners regarding Floodplain Special Review applications.
c. To grant variances from the terms and conditions of Section 4.2.2 of the Larimer County Land Use Code.
d. To grant variances to allow the expansion of structures and uses that are nonconforming with respect to the requirements of Section 4.2.2 of the Larimer County Land Use Code.
e. To review and make determinations of interpretations of Section 4.2.2 of the Larimer County Land Use Code.
f. To determine whether alternate methods of construction in the FW, FF and FH and Shallow Flooding districts are suitable or advisable, provided that those alternate methods withstand flood damage and do not restrict the flow capacity of the main channel or any related drainage.
3. Hearing Procedure of the Flood Review Board
a. To initiate review by the Flood Review Board, the applicant must file an application with the Floodplain Administrator on forms provided by him/her and pay any applicable fees.
b. The application must indicate the nature of the review and determination being sought (i.e., map changes, zoning district boundary locations, floodplain special review, variance, expansion of a nonconforming use or nonconforming structure, interpretation of floodplain sections of this code or alternate methods of construction).
c. A hearing before the Flood Review Board must be scheduled within 60 days of the submittal of a complete application. The applicant will be notified in writing of the date, time and place of the hearing.
d. Notice of the hearing must be published at least 14 days prior to the hearing in a newspaper of general circulation within the County. The notice must designate the date, time and place of the hearing, location of the property that is the subject of the review, and the nature of the review and determination the applicant is applying for. Written notice may be mailed to any surrounding property owners if the County Engineer deems appropriate in the interest of fairness. However, mailing of these notices is discretionary, and failure to receive a notice does not affect the validity of the hearing before the Flood Review Board.
e. At the conclusion of the hearing, the Flood Review Board will make its recommendation or decision for approval, approval with conditions, or denial of the application. The Flood Review Board may also table an item to a future date to allow the applicant to resolve issues that have been identified. The Flood Review Board will make its recommendation or decision based on the evidence and information presented and based on the applicable criteria, standards and requirements in Section 4.2.2 of the Larimer County Land Use Code.
4. Map Changes
a. The Flood Review Board shall hear and render judgment on requests for map changes within the Floodplain Overlay Zones.
b. Base mapping, topography and surveys, GIS, hydrology and hydraulic analyses, floodplain delineations, and special floodplain conditions (Alluvial Fan and debris flow, post-wildfire hydrology, ice jam flooding) shall be completed using protocols set forth in FEMA Guidelines and Specifications for Flood Hazard Mapping Partners.
c. Whenever a stream alteration activity is known or suspected to increase or decrease the established Base Flood Elevation in excess of 0.3 feet, a Letter of Map Revision showing such changes shall be obtained in order to accurately reflect the proposed changes on FEMA’s regulatory floodplain map for the stream reach.
d. Larimer County may approve certain development which increases the base flood elevation by more than 0.5 feet, provided that the applicant applies for a Conditional Letter of Map Revision (CLOMR) through FEMA, fulfills the requirements for such revisions, and receives FEMA approval.
e. Where an applicant for a map change proposes a project which will result in changes to the boundaries of the floodplain, the applicant shall be responsible for the cost of preparing maps and any technical studies necessary for submittal to FEMA for a Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR). Prior to issuance of any Floodplain Development Permit or building permit for the project, the applicant shall submit the required maps and technical studies to the Floodplain Administrator. No Floodplain Development Permit or building permit shall be issued until FEMA has indicated the information is acceptable and has issued a CLOMR. The applicant shall pay any costs incurred to revise information submitted to FEMA to make it acceptable.
5. Variances from Floodplain Regulations
a. The Flood Review Board shall hear and render judgment on requests for variances from the requirements of Section 4.2.2 of the Larimer County Land Use Code.
b. Variances from Section 4.2.2 does not relieve the requirements set forth in other sections of this code.
c. The Flood Review Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of Section 4.2.2 of the Larimer County Land Use Code.
d. Any person or persons aggrieved by the decision of the Flood Review Board may appeal such decision to the Board of County Commissioners as provided in Section 22 of the Larimer County Land Use Code.
e. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.
f. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in 4.2.2.D have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
g. Upon consideration of the factors noted above and the intent of this code, the Flood Review Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of these regulations as stated in 4.2.2.A.
h. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
i. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
j. Variances shall only be issued upon:
1. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
2. Showing a good and sufficient cause;
3. A determination that failure to grant the variance would result in exceptional hardship to the applicant, and
4. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
5. 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 Elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
6. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a Functionally Dependent Use provided that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
7. Variances remain in effect for one year from the date granted unless the Flood Review Board specifies otherwise. After one year, the board may review and grant an extension to the original variance as long as there are no significant changes to the proposed use of the lowest flood elevation of a proposed structure.
8. In its discretion, and depending on the nature of the variance request, the Flood Review Board may require the applicant to be represented by a Colorado licensed Professional Engineer who can address technical matters.
a. All Floodplain Special Review (FPSR) uses require application to the Flood Review Board. The board will review the application and make a recommendation to the Board of County Commissioners.
b. The County Commissioners will conduct hearings for Floodplain Special Reviews. Notice of the hearing must be published at least 14 days prior to the date of the hearing in a newspaper of general circulation within the county. The notice must designate the time and place of hearing, location of the proposed use and type of proposed use. Written notice of the hearing may also be mailed to all land owners within 500 feet of the location of the proposed use. Mailing of these notices is discretionary, and failure to mail or receive a notice does not affect the validity of any proceedings before the County Commissioners.
c. At the conclusion of the hearing, the County Commissioners may approve the Floodplain Special Review, approve the Floodplain Special Review with conditions, or deny the Floodplain Special Review after considering the recommendation of the Flood Review Board and factors detailed below under review criteria for Floodplain Special Review.
d. The applicant must pay a fee for Floodplain Special Review as established by the County Commissioners.
e. Review criteria for Floodplain Special Review. To approve a Floodplain Special Review, the County Commissioners must find the following conditions exist:
1. The proposal meets all applicable criteria outlined in the General Standards.
2. No danger to life and property may reasonably be expected to result from increased flood heights or velocities caused by encroachments upstream or downstream within the floodplain.
3. No danger to life or property may reasonably be expected to result from substantial solid debris being carried down the stream by floodwaters.
4. No danger of materials being swept away onto other lands or downstream to the injury of others in the event of a flood may reasonably be expected.
5. Proposed water supply and sanitation systems have been designed to prevent disease, contamination and unsanitary conditions in the event of a flood.
6. The proposed use is consistent with the flood management program for the area in question.
7. The expected heights, velocity, duration, rate of the rise and sediment transport of floodwater at the proposed location is consistent with the proposed use.
8. Any modification of the terrain within the FW-Floodway Zoning District will not result in a rise in overall flood heights at any location.
9. Any modification of the terrain within the FW-Floodway Zoning District is environmentally sound.
10. Any modification of the terrain within the FW-Floodway Zoning District will not result in reduced stability of the river channel or floodplain
f. Conditions that may be imposed on Floodplain Special Reviews. In approving a Floodplain Special Review, the Flood Review Board may recommend and the County Commissioners may impose the following conditions:
1. Modification of utility service facilities, such as electrical, water, and sewer.
2. Limitations on periods of use of operation and the imposition of operational controls.
3. Requirements for construction of channel modifications, dikes, levees, and other protective measures.
4. Imposition of floodproofing measures.
5. Access to the property is safe in times of a 100-year flood.
7. Expansion of Nonconforming Structures and Uses
a. The Flood Review Board shall hear and render judgment on requests for expansion of nonconforming structures and uses from the requirements of Section 4.2.2 of the Larimer County Land Use Code.
b. No such structure or use may be expanded or enlarged unless the improvement or enlargement itself complies with the provisions of 4.2.2 and does not cumulatively exceed 50% of the market value of the original structure.
c. When a building or other structure, including but not limited to a manufactured home, has been damaged so that the market value of repair or replacement does not exceed 50% of the market value before the damage occurred, the structure may be restored to its size immediately before the damage occurred. Such reconstruction shall be constructed as required by 4.2.2, and shall not be deemed to be a substantial improvement or enlargement. Any restoration or replacement of a structure, including but not limited to a manufactured home, damaged to an extent exceeding 50% of its market value before the damage occurred shall be deemed to be a substantial improvement or enlargement, and the entire structure shall be protected from flooding as required by 4.2.2.
d. Whenever an existing manufactured home, which is nonconforming or is located in a nonconforming manufactured home park or subdivision in the Floodplain Overlay Zone District, is replaced by a new manufactured home, regardless of the reason for the replacement, the new manufactured home shall comply with the requirements of Section 4.2.2.
e. If any person makes substantial improvement to any nonconforming building or structure or changes the use thereof, such person shall permanently change the building or structure or use to conform to the requirements of Section 4.2.2.
1. A Floodplain Development Permit shall be required for any work within a regulatory Floodplain Overlay Zone District including areas that have been removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F).
2. Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to the Floodplain Overlay Zone District boundary. Additionally, the following information is required:
a. Elevation using the North American Vertical Datum of 1988 (NAVD 88), of the lowest floor (including basement) of all new and substantially improved structures.
b. Elevation (NAVD 88) to which any nonresidential structure shall be floodproofed.
c. A certificate from a registered Colorado Professional Engineer that the nonresidential floodproofed structure shall meet the floodproofing criteria of this code;
d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
3. A Floodplain Development Permit shall not be issued for the construction of a new residential structure or addition to an existing residential structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), with a lowest floor elevation placed below the applicable Flood Protection Elevation.
4. Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the applicable sections of 4.2.2 of this code and the following relevant factors:
a. The danger to life and property due to flooding or erosion damage;
b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
c. The danger that materials may be swept onto other lands to the injury of others;
d. The compatibility of the proposed use with existing and anticipated development;
e. The safety of access to the property in times of flood for ordinary and emergency vehicles;
f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;
h. The necessity to the facility of a waterfront location, where applicable;
i. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
j. The relationship of the proposed use to the adopted master plan for that area.
I. Floodplain Administrator.
1. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
a. Maintain and hold open for public inspection all records pertaining to Section 4.2.2, including the actual elevation (in relation to NAVD 88) of the lowest floor (including basement) of all new or substantially improved structures and any floodproofing certificates.
b. Review, approve, or deny all applications for Floodplain Development Permits.
c. Provide interpretation as needed regarding the exact location of the boundaries of the Special Flood Hazard Area (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation or may require an elevation certificate to make the determination.
d. Obtain, review and reasonably utilize any Base Flood Elevation data and Floodway data available from a Federal, State, or other source, in order to administer the provisions of 4.2.2.
e. May act as the staff liaison to the Flood Review Board.
J. Building Permits.
1. Applications for building permits in the FF, FW, and FH districts must include surveys, plot plans, drawings, plans and other materials as necessary to show compliance of the proposed construction with this section. Applications will be reviewed by the Floodplain Administrator, who may require the following materials be included:
a. Four sets of plans drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures and the relationships of these to the location of the channel, floodway and the flood-protection elevation;
b. A typical valley cross section showing the stream channel, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development and high-water information;
c. Plans (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information;
d. A profile showing the slope of the bottom of the channel or flow line of the stream;
e. Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvements, storage of materials, water supply, and sanitary facilities; and
f. A letter signed and stamped by a Colorado registered professional engineer certifying that he/she has reviewed all available information and conducted studies sufficient to demonstrate that, in his/her opinion, the improvements as designed will not be damaged in the event of a 100-year flood or that fill associated with the proposed improvements acting alone or in combination with existing or future floodplain uses will not cause a rise in floodwater surface elevations.
100-YEAR FLOOD - A flood having a recurrence interval that has a one-percent chance of being equaled or exceeded during any given year (1-percent-annual-chance flood). The terms "one-hundred-year flood" and "one percent chance flood" are synonymous with the term "100-year flood." The term does not imply that the flood will necessarily happen once every 100 years.
100-YEAR FLOODPLAIN - The area of land susceptible to being inundated as a result of the occurrence of a one-hundred-year flood. Also known as the Special Flood Hazard Area.
500-YEAR FLOOD - A flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2-percent-chance-annual-flood). The term does not imply that the flood will necessarily happen once every 500 years.
500-YEAR FLOODPLAIN - The area of land susceptible to being inundated as a result of the occurrence of a 500 year flood.
ADDITION - Any activity that expands the enclosed footprint or increases the square footage of an existing structure.
ALLUVIAL FAN - A fan-shaped sediment deposit formed by a stream that flows from a steep mountain valley or gorge onto a plain or the junction of a tributary stream with the main stream. Alluvial fans contain active stream channels and boulder bars, and recently abandoned channels. Alluvial fans are predominantly formed by alluvial deposits and are modified by infrequent sheet flood, channel avulsions and other stream processes.
BASE FLOOD ELEVATION (BFE) - The elevation that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.
BASEMENT - Any area of a building having its floor sub-grade below ground level on all sides.
CHANNEL - The physical confine of a natural or artificial stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.
CHANNELIZATION - The artificial creation, enlargement or realignment of a stream channel.
CODE OF FEDERAL REGULATIONS (CFR) - The codification of the general and permanent Rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation.
CONDITIONAL LETTER OF MAP REVISION (CLOMR) - FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.
CRITICAL FACILITY – A structure or related infrastructure, but not the land on which it is situated, as specified in Section 4.2.2.F, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.
DEVELOPMENT - Any man-made change in improved and 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.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) DATABASE - Database containing data and analyses that accompany DFIRMs.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) - FEMA digital floodplain map. These digital maps serve as “regulatory floodplain maps” for insurance and floodplain management purposes.
ELEVATED BUILDING - A building that does not contain a basement (i) built, in the case of a building in Zones AE, A, AO, AH, X to have the top of the lowest elevated floor above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones AE, A, AO, AH, and X "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - 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 before the effective date of the floodplain management regulations adopted by Larimer County.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEDERAL REGISTER - The official daily publication for Rules, proposed Rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.
FEMA - Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program.
FILL – A deposit of materials of any kind placed by artificial means.
FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas from:
FLOOD INSURANCE RATE MAP (FIRM) – An official map of a community, on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) - The official report provided by the Federal Emergency Management Agency which contains the Flood Insurance Rate Map as well as flood profiles for studied flooding sources that can be used to determine Base Flood Elevations for some areas.
FLOODPLAIN OR FLOOD-PRONE AREA - Any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir.
FLOODPLAIN ADMINISTRATOR - The community official designated by title to administer and enforce the floodplain management regulations.
FLOODPLAIN DEVELOPMENT PERMIT – A permit required before construction or development begins within any Special Flood Hazard Area (SFHA). Permits are required to ensure that proposed development projects meet the requirements of the NFIP and this floodplain management ordinance.
FLOODPLAIN MANAGEMENT - The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose regulations (such as a floodplain regulations, grading regulations and erosion control regulations) and other state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOOD CONTROL STRUCTURE - A physical structure designed and built expressly or partially for the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
FLOODPROOFING - Any combination of structural and/or non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY (REGULATORY FLOODWAY) - The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.5 feet. Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.
FREEBOARD - The vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed. See Regulatory Flood Protection Elevation.
FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
GROWTH MANAGEMENT AREA (GMA) REGULATORY FLOOD PROTECTION ELEVATION – The elevation 2.0 feet above the regulatory flood datum, regardless of any Letter of Map Amendment based on fill that may have been issued by the Federal Emergency Management Agency relative to the 100-year floodplain for the location in question.
HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - Any structure that is:
LEVEE – A man-made embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. For a levee structure to be reflected on the FEMA FIRMs as providing flood protection, the levee structure must meet the requirements set forth in 44 CFR 65.10.
LEVEE SYSTEM - A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LETTER OF MAP REVISION (LOMR) - FEMA's official revision of an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA).
LETTER OF MAP REVISION BASED ON FILL (LOMR-F) – FEMA’s modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.
LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use such as a basement or crawl space. The lowest floor is a determinant for the flood insurance premium for a building, home or business. An unfinished or flood resistant enclosure, usable solely for parking or 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 non-elevation design requirement of Section 60.3 of the National Flood insurance Program regulations.
MANUFACTURED HOME - A structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - For purposes of the National Flood Insurance Program, the
North American Vertical Datum (NAVD) of 1988 or other datum, to which Base Flood Elevations shown on a Flood Insurance Rate Map are referenced.
MATERIAL SAFETY DATA SHEET (MSDS) – A form with data regarding the properties of a particular substance. An important component of product stewardship and workplace safety, it is intended to provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner, and includes information such as physical data (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling procedures.
MOUNTAIN FLOOD FRINGE CRITERIA: As established by Larimer County and FEMA’s FIS studies, the flood fringe is defined as that part of the 100-year floodplain where flood depths are less than 1.5 feet and average flood velocities are less than 3.0 feet per second. This is only applicable in the Big Thompson Canyon.
MOUNTAIN FLOODWAY CRITERIA: As established by Larimer County and FEMA’s FIS studies, the floodway is defined as that part of the 100-year floodplain where depths are equal to or greater than 1.5 feet or velocities are equal to or greater than 3.0 feet per second. This is only applicable in the Big Thompson Canyon.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP) – FEMA’s program of flood insurance coverage and floodplain management administered in conjunction with the Robert T. Stafford Relief and Emergency Assistance Act. The NFIP has applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations. The U.S. Congress established the NFIP in 1968 with the passage of the National Flood Insurance Act of 1968.
NEW CONSTRUCTION – Structures for which “start of construction” commenced on or after the effective date of this code.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - 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 floodplain management regulations adopted by Larimer County.
NO-RISE CERTIFICATION – A record of the results of an engineering analysis conducted to certify a project will not increase flood heights in a floodway. A No-Rise Certification must be supported by technical data and signed by a registered Colorado Professional Engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM).
OBSTRUCTION – Any dam, wall, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel rectification, bridge structure or matter located in, along, across or projecting into any channel, watercourse or regulatory flood hazard area that may impede, retard, or change the direction of water flow, either in itself or by catching or collecting debris carried by such water, or that is located where the flow of water might carry debris downstream to the damage of life and property elsewhere.
PHYSICAL MAP REVISION (PMR) - FEMA’s action whereby one or more map panels are physically revised and republished. A PMR is used to change flood risk zones, floodplain and/or floodway delineations, flood elevations, and/or planimetric features.
RECREATIONAL VEHICLE - means a vehicle which is:
REGULATORY FLOOD PROTECTION ELEVATION – The elevation 1.5 feet above the base flood elevation. See also GMA Regulatory Flood Protection Elevation.
SHALLOW FLOODING - A designated Zone AO or AH on a Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of 1.0 to 3.0 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.
SPECIAL FLOOD HAZARD AREA – The land in the regulatory floodplain subject to a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.
START OF CONSTRUCTION - The date the building permit was issued for new structures, additions and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for basement, footings, piers or foundations or the erection of temporary forms, the installation on the property of detached accessory buildings, such as garages or sheds not occupied as dwelling units. For substantial improvements, 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 - A walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure just prior to when the damage occurred.
SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "Start of Construction" of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred "Substantial Damage", regardless of the actual repair work performed. The term does not, however, include either:
THRESHOLD PLANNING QUANTITY (TPQ) – A quantity designated for each chemical on the list of extremely hazardous substances that triggers notification by facilities to the State that such facilities are subject to emergency planning requirements.
VARIANCE - A grant of relief to a person from the requirement of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations).
WATER SURFACE ELEVATION - The height, in relation to the North American
Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WATERWAY – 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 defined direction.