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7926 - CLARIFY protection of critical and lodging facilities in the 100- and 500-year flood plains, 2nd Reading/Amended 9/17/2013, 3rd Reading and Adopted 10/1/20131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE NO. 7926 AN ORDINANCE AMENDING FLOODPLAIN REGULATIONS IN ORDER TO CLARIFY EXISTING REGULATIONS AND TO PROTECT CRITICAL FACILITIES AND LODGING FACILITIES IN THE ONE HUNDRED -YEAR AND FIVE HUNDRED -YEAR FLOODPLAINS, INCLUDING CHAPTER 9 -3, "OVERLAY DISTRICTS," SUBSECTION 9 -6- l(d), "USE TABLE," AND SECTION 9 -16 -1, "GENERAL DEFINITIONS," B.R.C. 1981, AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Section 9 -3 -2, B.R.C. 1981, is amended as follows: 9 -3 -2 Floodplains. (a) Legislative Intent: The purpose of this seetien- a ter is to regulate certain areas of the city subject to flooding in order to protect the public health, safety, and welfare by: (1) Restricting or prohibiting certain uses that are hazardous to life or property in time of flood; (2) Restricting the location of structures intended for human occupancy and regulating the manner in which such structures may be built in order to minimize danger to human life within and arormd such structures; (3) Requiring that those structures allowed in the floodplain be expanded or enlarged, and equipment and fixtures be installed or replaced, in a manner designed to prevent their being washed away and to assure their protection from severe damage; (4) Regulating the method of construction and replacement of water supply and sanitation systems in order to prevent disease, contamination, and unsanitary conditions; (5) Maintaining for public inspection available maps delineating areas subject to such provisions in order to protect individuals from purchasing or using lands for purposes that are not suitable; (6) Protecting and preserving the water - carrying and water - retention characteristics and capacities of watercourses used for conveying and retaining floodwaters; and (7) Obtaining and maintaining the benefits to the community of participating in the National Flood Insurance Program. K:TCADb 7926 Critical Facilities Ordinance 3rd Reading -] 190.doc 2 4 0 (b) Flooding May Occur: The degree of flood protection provided by the terms of this seetien chanter has been determined to be reasonable for regulatory purposes. Floods of greater magnitude will occur, and flood heights may be increased as a result of natural or human- made causes. The provisions of this see4el} ter do not imply that areas outside of the floodplain or land uses permitted within the floodplain are free from flooding, flood hazard, or flood damages. A grant or approval by the city under the requirements of this sec-tiea chanter does not constitute a representation, guarantee, or warranty of any kind or nature by the city or any city official or employee of the practicability or safety of any structure or proposed use, and it creates no liability to or cause of action against the city or any city official or employee for any damages from flood or otherwise that may result from such structure or use. (c) Scope and Application: IN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) The requirements of this see iee chanter supplement those imposed on the same lands by any underlying zoning provisions of this code or other ordinance of the city. If there is a conflict between such requirements, the more restrictive controls. (2) If a lot or parcel of land lies partly within the high hazard zone, of the conveyance zone the one hundred -year floodplain or the five hundred -year floodolain €ringe area, the part(s) of such lot or parcel lying within such area or areas shall meet all the standards and requirements of such respective area as prescribed by this ""� hL , •If any portion of a stricture lies partly within the high hazard zone,-er the conveyance zone the one hundred -year floodplain, or the five hundred -year floodnlain Aeed€ringe area, all the standards and requirements of this seedd gn- uch respective area(s) as prescribed by this chanter shall apply to the entire structure unless stated otherwise (3) If lands located outside the city limits are included within the five hundred -year floodplain, the one hundred -v oodnlain €leed-ffinge, the conveyance zone, or the high hazard zone, the requirements of this sectien h= shall apply to such lands upon annexation. (d) Administration: The city manager shall administer the requirements of this 6ee6err and shall: (1) Determine that the requirements of this °°,chanter have been met before issuing any permit for development in the floodplain; (2) Obtain and maintain for public inspection any certificates of floodproofing required by this seetiencha , and any information on the elevation (in relation to mean sea level) of the level the lowest floor (including basement) of all new or substantially improved structures, and information specifying whether net such structures contain a basement, and, if the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed; (3) Notify Boulder County and the Colorado Water Conservation Board before permitting any change in a watercourse and submit evidence of such notice to FEMA; KIFCAMo- 7926 Critical Facilities Ordinance 3rd Readmg- 1190.doc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (4) Adopt rules interpreting and implementing the requirements of this see4el3 including without limitation, application procedures for floodplain development permits ,• specifications for the floodproofing of structures, substantial improvements, and utilities and specifications for the content of and application procedures for emergency management plans (5) Assure that the Boulder Valley Comprehensive Plan is consistent with the floodplain management objectives of this °eetieflr and the regulations of FEMA; (6) Make necessary interpretations of the exact location of the boundaries of the floodplain, the five hundred -year floodplain- the one hundred -year floodplain €r-iege, the conveyance zone. and the high hazard zone; (7) Amend the boundaries of the high hazard zone and the conveyance zone pursuant to subsection (f) of this section; (8) Determine that all necessary permits have been obtained from state, federal, or local agencies the approval of which is required before issuing any permit for development in the floodplain; (9) Require that persons changing a watercourse maintain the watercourse so that its flood carrying capacity is not diminished; (10) Require that new and replacement water supply systems in the floodplain be designed to minimize or eliminate infiltration of floodwaters into the systems; (11) Require that new and replacement sanitary sewage systems within the floodplain be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; (12) Require that on -site waste disposal systems be located to avoid impairment to them or contamination from them during flooding; and (13) Obtain, review, and reasonably utilize any-base flood elevation and floodway data available from federal, state, and other sources, including data developed pursuant to cChapter 9 -12, "Subdivision," B.R.C. 1981, as criteria for requiring that all new development meet the requirements of this seetien (e) Appeals: Any person contesting the city manager's interpretation of a boundary location under paragraph (d)(6) of this section, or any person aggrieved by the granting or denial of a floodplain development permit, may appeal such determination to the planning board through the process described in S section 9 -4 -4, "Appeals, Call -Ups and Public Hearings," B.R.C. 1981. The request shall set forth the reason and basis for the appeal and such other information as the manager may prescribe by rule. (f) Map Amendments: As watercourse or flood channel improvements or mapping corrections are made, the city manager may amend the flood regulatory area maps to recognize the changed conditions produced by such improvements or corrections, provided that no such amendments or corrections may change a FEMA "area of special flood hazard" or "regulatory floodway" unless the City is in receipt of a letter of map amendment or a letter of map revision issued by FEMA. R:TCAD10- 7926 Critical Facilities Ordinance 3rd Reading- 1190.doc (g) Flood Regulatory Areas: (1) The provisions of this see4etr apply to the area shown as floodplain on the most recent snaps adopted by the city council, as amended from time to time by the city manager pursuant to subsections (d), (e), and (f) of this section. The regulatory floodplain encompasses the five hundred -year floodplain. the one hundred -year floodplain, the Heed nge-,- conveyance zone, and the high hazard zone. The following regulations governing each portion of the floodplain are cumulative and not exclusive. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) In addition to the regulatory areas identified in paragraph (g)(1) of this section, the City has adopted the areas of special flood hazard identified in the Flood Insurance Study for Boulder County, effective December 18, 2012, and delineated on the Flood Insurance Rate Map for Boulder County and the City of Boulder as adopted by the City in compliance with 44 C.F.R. chapter 1. In no event will the regulations contained in this seetietr be interpreted to permit any action not permitted under those regulations promulgated by FEMA for the regulation of areas of special flood hazard and regulatory floodways. (h) Floodproofrng: Whenever this chants__ r resyuites floodnroo(ine a buildin¢ or structure or a portion thereof, the following standards shall be mgt- 1 Such building or structure or portion thereof shall be Good proofed in accordance with any rules adopted by the city manager for flood rp oofing and with current state and ederal laws and regulations governing floodproofing: (�) Such building or structure or portion thereof shall be floodnroofed to the flood rotection elevation in such a manner that the building or structure f wateright with walls substantially impermeable to the passage of water and in a manner requiring no human intervention: 3) Such building or structure or portion thereof shall have structural components capable of r esisting projected hydrostatic md_hydrodynamic loads and the effects of_ buoyancy: and (4) Such f1Q proofing shall be certified by a Colorado reteret� professional engineer r roistered architect to eo mly with this paragraph. Such certifications shall be provided to the city manager as set forth in Paragraph 9- 3- 2(d)(2), B.R.C. 1981. (i) Standards for Critic_al_Facilities and Lodging Facilities in the Five Hundred-Year Floodnlain: Floodplain Development Permit In the five hundr --vear floodplain, no nerson shall c onstruct or establish a new critical facility or stake any development to a structure housing an existing critical facility prior to issuance of a floodplain development 17ermit pursuant to Section 9 -3 -6. "Floodnlain Development Permits." B.R.C. 1981. unless the activRy is exenipl tinder Subsection 9- 3 -6(a) "Activities Exempt fro[ Floodnlain Development Permit Requirement," B R C 1981 K: \FCAD \o -7926 Critical Facilities Ordinance 3rd Reading- 1190.doc (2) Renuirements ARnly to Entite Buildinsr If tnv portion of 1 sntcctnre�t sins a critical facility or lodging facility lies papally within the five hundred -year floodplain the requirements of this section shall apply to that entire structure (3) Emergency Management Plans: A) Emergency Management Plan Rewired: No owner or operator of a critical facility or lodging facility in the five hundred -year floodplain shall fail to _develop and have approved an emergency management plan meeting the etmircments of this subsection prior to issuance of any floodplain development _permit for any development requiring a floodnlain development permit but no later than January 1.2019. or five years after the effective date of a map change that placed the facility into the five hundred -year floodnlain. if that date is later than January 1.2019. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 B) Floodplain Development Pennit: To obtain the renuired =oval of a emergency management plan, an owner or operator of a critical facility or 1 dging facility in tLip five hundred year floodplain shall file an application for fl odplain development pennit pursuant to Section 9 -3 -6. Floodplain Development Permits. B.R.C. 19 81. (C) Purpose: The purpose of the emergency management plan requirements se forth in this section is• i) To protect the health, safety, and welfare of the public and of employees, visitors. residents. guests, conhnctors. and others at risk from hazards at the facility: ( ii) To minimize interruptions or disnmtions of aeration of critical facilities: (iii) To protect buildings. physical assets, and clectronic information; attd (iv) To prevent enviromnental contamination Dl Eme encv Management Plan Regttir menu With the excenlion of requirements the city man cE finds inapplicable to a particular facility. al I emergency management plans shall contain, without limitation: i) An assessment by a Colorado registered professional engineer or an rte al FacilitX Management Association Certified Facilities anager of the risks to persons at the facility and others at risk from hazar at the facility. to the facility itself its physical assets_ and its operation, and to the enviromnent during flood events: ( ii) An assessment of the resources needed for responding to the risk of flood events and for continuinc business operations and for communicating during and after an incident; K:1FCAp \o- 7926 Critical Facilities Ordinance 3rd Reading- 1190.doc ( iii) A lap r gin' ar maintainin tlme re�2 identified as needed in subsection (i)(3)(C)(ii) above; iv plan to protect employees. visitors- residents. guests. contractors and others at risk from hazards at the facility during flood events Such plan shall include an evacuation plan or a shelter- in-place plan unless t are necessaLy to protect the health. safety and welfare o the persons at risk at the facility. a Evacuation plans shall be certified by a Colorado registered professional engineer or an international FacilityManagement Association Certified Facilities Manager and shall provide a means or safely evacuating occupants to a location outside of the five h ndred -year floodplain or to an approved shelter -in -place location 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 b, Shelter -in -place plans shall be certified by a Colorado reeistered professional engineer, shall demonstrate that the structure will be safe to occupy during a five hundred_ -year flood event. and shall designate a safe shelter-in-place locati n within tl e b lild'n an safe routes to such location. v) A system and strategies to communicate with employees. customers residents, guests, contractors. and others at risk at the facility daring a flood event: ( vi) Strategies to minimize and quickly overcome any dislatntion or intemrntion of ooer7tions of the Facility during a Flood event• ( Vii) An incident management system that defines resltonsibilities and coordinates activities before- durincand after a flood event: viii) A program to train persons with defined roles in the management plan t o their assigned tasks and to train all employees and other regular upants of the facility so they can take appropriate protective actions during a flood event: and (ix) Any other strategies. techniques- systems- prograins- nr mans the city manager determines are necessary to serve tlm 1icahh, safety. and welfare of the public and any persons at or near the facility. E) — Posting of Ev aluation Routes and Routes to Shelter -In -Place Locations: The approved evacuation routes and routes to shelter-in -place locations shall be posted on the inside of each doorway leading to a separate unit in n ]gdrinr> acility and be displayed in a prominent location or a looatirnr designed to provide information to persons within the critical facility that is approved by the city manager. K: \FCAn \o- 7926 Critical Facilities Ordinance 3rd Reading- 1190.doc F Implementation of Emgrg n Management Plans: No owner a operator of a critical facility or lodging facility in the five hundred -year floodnlain shall fail IQ impigmut and to annually review and update, if necessary. an approved magency management plan and to make the plan available to true city_ manager for review upon request. rd M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (41 Constmction Reg uirements for Critical Facilities in the Five Hundred -Year Floodnlain. The following standards apply to critical facilities located in the five hundred -year floodnlain: Al No owner or operator of a critical facility shall construct, modify, or establish, or cause to be constructed, modified = or established a critical facility witltin the five hundred -year floodnlain except in compliance wnh the requirements of this subsection. ( BL . An ersoutmakin p i n ran nl r ement to a structure h in an existu lg at -risk population facility or essential service facility shall floodprOof or elevate the lowest floor, including the basement. of the expanded or enlarged portion to or above the flood protection elevation. 1 Any person making a substantial modification or a substantial improvement to a stricture housing an cxistin at-risk oulation facility or essential service facility shall floodnroof or elevate the lowest floor. including the basement. of the substantially modified or improved nation to or above the flood protection elevation and shall floodnroof or clevatc the remainder of luc xisting strucnue to or above the flood Protection elevation. Dl Any person constructing or establishing a new at -risk population facility or essential scrvice facility shall floodproof or elevate the lowest floor including the basement, to or above the flood protection elevation. (E) Any person constructing or establishing a new hazardous material facility shall secure all hazardous materials from flooding and from being release urine a five hundred -year flood event or shall floodproof the facility. Anv person making a substantial modification or a substantial imQroygnnent to a structure housing an existing hazardous material shall secure the hazardous materials from flooding or otherwise being released during a five hundred - ycar_flood event. The owner or operator shall demonstrate comaliance with this standard by providing a certification from a Colorado registered professional engineer that documents that hazardous material will not be rd=sc.d at or rrom the facility during a five hundred -year flood event- (F) N ers n owning, operating i shall fail to secure all hazardous materials from flooding and from being released during five hundred -year flood events or to floodnroof the facility before January 2024 r•s after the effective. date. of a map change that K:\FCAD \o- 7926 Citical Facilities Ordinance 3rd Reading- 1190.doc pl_xeed the facilit into the five hundred -year floodplain. whichever date is later (G) Whenever any construction, modification. improvement or other activity related to a critical facility triggers any floodproofir e or elevation requirements of this subsection {4)the construction standards described in r 3seetions (a)(3). "Construction Materials and Method ." (a)(4). " tilitics." ( a)(18), "Enclosures " and (a)(19). `Below Grade Crawl Space Construction " of Section 9 -3 -3. "Regulations Goveming the One Hundred -Year Floodplain." B.R.C. 1981, shall also be complied with 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (H) Existing Uses: The use of any land or structure that was lawful before the application of this subsection (i)(4). Constnlclion Requirements for Critica Facilities in the Five Hundred -Year Floodplain or any amendment thereto bnt that does not conform to the requirements of this subsection maX be continued s ubject to the requirements of this subsection. If such a use not conforming to the requirements of this subsection is discontinued for twelve consecutive months no person shall use the land or structure thereafter unless such use confonns to the requirements of this subsection (5) Exemption for Critical Facilities Protected by Levee System: Critical facilities protected by a levee system within the five hundred -year floodplain are exempt r the requirements of subsection (i)(4) of this section 9 -3 -2, provided that the following requirements are satisfied: (A) The owner or operator of a new or existing critical facility located landward of a levee sv:.tem: outsict"f the one hundred -year floodplain. but within the five hundred -year floodplain demonstrates that the levee system�r vtdes protection against a five hundred -year flood event by: i) meeting the tiverine levee design criteria of 44 C F R & 65 10 as a mended from time to time, except that the minimum riverine levee freeboard shall be one foot above the water surface elevation of a five hundred -year flood, rather than three: and ii} providin> an o en gating and maintenance manual for the levee that incorporates all operating and maintenance reguircments of 44 C.F.R. $ 65. 10 and Rule 10 of the Colorado Rules and Regulations for Regulatory Floodolains in Colorado (2 C.0 -R- 408 -1:10. Criteria for t ining Effects of Levees on Regulatory Floodplains), a amended fronm time to time to ensure continuing proper function of the structure. (B) The owner or operator of a new or existing critical facility located landward of an accredited levee or a nrovis- nall accredited levee within areas mapped Zone X Ohakde) shp11 demonstrate that the Ic e v them meets the riverhie levee dg5jQo oration. and maint nance criteria of 44 C.F.R. 65.10 an K :TCAD \o- 7926 Critical Facilities Ordinance 3rd Reading -] 190.doc Rule 10 of the Colorado Rules and Regulations for Regulatory Floodnlains in Colorado (2 C.C.R. 408 -1:10 Criteria for Determining Effects of Levees o Regulatory Floodnlains). 91 6 (C) If the levee is owned by a person ocher than the owner or operator of the critical facility_ the owner or operator, respectively, must demonstrate that a fully executed agreement exists between the levee owner and the weer or operator of the critical facility ensuring that the requirements of subsections 9- 3- 2(i)(5)(A) or (B) and (F) for continued operation and maintenance of the levee system will be met. (D) The exemptions under this subsection (i)(5) for critical facilities I cat landward of an levee system were_appr9v�zdby the city . _., re _ I the issuance of a floodplain development nit pursuant to Subsection 9- - "Floodplain Development Permits." B.R.C. 1981, after finding that al requirements of this subsection (i)(5) have been met -. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 If a levee system protecting an existing critical facility in the five hundred - vcar floodplain fails to meet the frceboard requirement of subsection (i)(5)(A) of this section solely because FEMA revises a FIRM, maintenance and use of that critical facility may occur for two years after the revision before having to meet the requirements of subsections (;)(31 and (il(41 of this sec i n. No nerson shall faiIt -construct overate, or maintain or fail to cause th construction- operation, or maintenance of a levee system protecting a critical facility and approved by the city manager in a floodplain development permit as an exemption to the ruuiretents o[subscetions (i)(3) and (i)(4) of this section in accordance with a design and an operating and maintenance manual meeting the requirements of this subsection fil(5). (6) As the one hundred -year floodplain. conveyance zone, and high hazard zone are all l ocated within of the five hundred -year floodptain, the requirements of this suhsectiol 9- 3 -2(i). "Standards for Critical Facilities and Lodging_ Facilities in the Five Hnndred- Year Floodnlain." also annly tQcrilical facilities and lodging facilities in the one hundred -year floodplain. conveyance zone - and high hazard zone unless stricter reunimm- nis uppty in the one hundred -vear floodpiain. convevance zone. or high hazard zone. as applicable Section 2. Section 9 -3 -3, B.R.C. 1981, is amended as follows: 9 -3 -3 Regulations Governing the One Hundred -Year F loodplain. (a) General Provisions: In the ete - one hundred -tear floodplain, the following standards apply: K: \FC.AD \o- 7926 Critical Facilities Ordinance 3rd Reading -] 190.doe (1) Floodplain Development Permit: Except as specified app ( a)(1)( ) ubsection 9- 3 -6 (a) "Activities Exempt from Floodnlain Develonmcnt Permit Requirement." B R.0 1981 no development in the one hundred -year floodplain may occur prior to the issuance of a floodplain development permit pursuant to section 9 -3 -6, " Floodplam Development Permits," B.R.C. 1981. exe JA) Activities u ... floodpl d :4. The fells:.. e -n nlls...nd .,.:41.:.. the flood F e g l n.-e an d de fe"i a fl M:4. ue v :..�xi-- r 10 12 13 14 15 16 17 L8 19 20 21 22 23 24 25 (2) Anchoring: (A) All new construction and substantial improvements or substantial modifications shall be anchored to prevent flotation, collapse, or lateral movement of the structure and be capable of resisting the hydrostatic and hydrodynamic loads. (B) All manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement 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 fiame ties connecting to permanent ground anchors, in addition to any anchoring requirements for resisting wind forces and any tie - down requirements of chapter 10 -12, "Mobile Homes," B.R.C. 1981. Requirements shall include, without limitation, the following: (i) Over -the -top ties shall be provided at each of the four comers of the manufactured homes. For manufactured homes fifty feet or longer, two additional ties per side are required at intermediate locations. For manufactured homes less than fifty feet long, one additional tie per side is required; (ii) Frame ties shall be provided at each of the four corners of the manufactured homes. For manufactured homes fifty feet or longer, five KBFCAD \o -7926 G'itical Facilities Ordinance 3rd Reading- 1190.doc 5�7 .... . .. IM I a IBM 10 12 13 14 15 16 17 L8 19 20 21 22 23 24 25 (2) Anchoring: (A) All new construction and substantial improvements or substantial modifications shall be anchored to prevent flotation, collapse, or lateral movement of the structure and be capable of resisting the hydrostatic and hydrodynamic loads. (B) All manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement 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 fiame ties connecting to permanent ground anchors, in addition to any anchoring requirements for resisting wind forces and any tie - down requirements of chapter 10 -12, "Mobile Homes," B.R.C. 1981. Requirements shall include, without limitation, the following: (i) Over -the -top ties shall be provided at each of the four comers of the manufactured homes. For manufactured homes fifty feet or longer, two additional ties per side are required at intermediate locations. For manufactured homes less than fifty feet long, one additional tie per side is required; (ii) Frame ties shall be provided at each of the four corners of the manufactured homes. For manufactured homes fifty feet or longer, five KBFCAD \o -7926 G'itical Facilities Ordinance 3rd Reading- 1190.doc INNIS M., 10 12 13 14 15 16 17 L8 19 20 21 22 23 24 25 (2) Anchoring: (A) All new construction and substantial improvements or substantial modifications shall be anchored to prevent flotation, collapse, or lateral movement of the structure and be capable of resisting the hydrostatic and hydrodynamic loads. (B) All manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement 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 fiame ties connecting to permanent ground anchors, in addition to any anchoring requirements for resisting wind forces and any tie - down requirements of chapter 10 -12, "Mobile Homes," B.R.C. 1981. Requirements shall include, without limitation, the following: (i) Over -the -top ties shall be provided at each of the four comers of the manufactured homes. For manufactured homes fifty feet or longer, two additional ties per side are required at intermediate locations. For manufactured homes less than fifty feet long, one additional tie per side is required; (ii) Frame ties shall be provided at each of the four corners of the manufactured homes. For manufactured homes fifty feet or longer, five KBFCAD \o -7926 G'itical Facilities Ordinance 3rd Reading- 1190.doc additional ties per side are required at intermediate points. For manufactured homes less than fifty feet long, four additional ties per side are required; (iii) All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred pounds; and El (iv) Any additions to manufactured homes shall be similarly anchored. (3) Construction Materials and Methods: (A) All new construction, substantial improvements, and substantial modifications shall be constructed with materials and utility equipment resistant to flood damage as outlined in the most current FEMA Technical Document on�3 Flood- Resistant Materials Requirements. (B) All new construction, substantial improvements, and substantial modifications shall be constructed using methods and practices that minimize flood damage.. 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 (C) All new construction, substantial improvements and substantial modifications shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and located (by elevating or floodproofmg the components) so as to prevent water from entering or accumulating within the components during flooding conditions. (4) Utilities: (A) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems. (B) Alt 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. (C) On -site waste disposal systems shall be located to avoid impairment or contamination during flooding. (5) Subdivision Proposals: (A) All subdivision proposals shall demonstrate efforts to minimize flood damage. (B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development. (E) No subdivision proposal shall create a lot which is unbuildable pursuant to this section. K:\FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading- 1190.doc 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (6) Floodproofing: Whenever this section requires a building or structure to be floodproofed, the fol lowing standards in Subsection 9- 3 -2(h). "Floodnroofine." B.R.C. 1981. shall be met. (A) C'a& buildi stt etur s h a ll be Flee f d i nnn,. «A n..ne y 4th any rules Fe.. fl e E) 1..«,. fi .. roniu l ga t eE l L... 41.,...:4.. . «,. «......« «............4 t ehaptef 1 - 4 -, nD..le : a D D !` Ino1 ....,7...:41, n .. «41'G'AAA Aie4: ,. «..1 Cl,. e,7 I «n.. «n «nn P rogram (NFIP) Teel... :eel B (B) S b or et« 4 . e«e ..h be i4 4e th 71ve .. d «..tee4:e« ele.,etie...:.. --- ef that the building eF s6-HeWre is \ waterti enble 4e the ... 8 9' .Va te« e..,7 :V. a hum (G4 Suoh beilding or stmettff e shall have structural components eapable Of resisfiflg ma= proj eeted hydrestatie and h ,,1...7 :e le e...7 41.e of - eetn eC l...e.,e..e.. an er : -ed n«ebiwet 4e n ffip w ith this p e.d. S ee.r:fien4:n «n n1.n 11 h the n :4. 4 F,.«4h ' h 9 3 (,7 \(2) ➢ D !" 9 p �vv:s :.o - cnc cry)`- nacm£rg °cr-- asset - roam- iir- p8rugrfr� 2 m- �- ���c��vZC� 1 91 rrvr. (7) Hazardous Materials No person shall store a hazardous substance at or below the flood protection elevation for the area of the floodplain in which it is located, except for the storage of gaselii in existing and replacement underground tanks in existing gasekiw- service stations and service garages, which tanks are designed to prevent infiltration and discharge into floodwaters and which are adequately anchored and shielded against rupture. For purposes of this paragraph, "existing" means in place and in use on January 1, 1989. (8) Automobile Parking: Notwithstanding other provisions of this title, no person shall establish an area for automobile parking in any portion of the floodplain where flood depths exceed eighteen inches. (9) Flood Warning System: No owner of a hotel, a motel, a dormitory, a rooming house, a hostel, a school, a bed and breakfast, a daycare center, a group home, or a residential or congregate care facility located in the Boulder Creek one hundred -vear floodplain shall fail to provide a flood warning system approved by the city manager that is connected to a point of central communication in the building with twenty - four -hour monitoring. No such person shall fail to maintain such a flood warning system. (10) Rental Property: No owner of property that is located in a one hundred- car floodplain and subject to a city rental license under chapter 10 -3, 'Rental Licenses," B.R.C. 1981, shall fail to post on the exterior of the premises at the entrance a sign approved by the city manager stating that the property is subject to flood hazard and containing such further information and posted at such other locations inside the building as the city manager may require. (11) Manufactured Housing: All manufactured homes placed in the City after July 1, 1989, and all manufactured homes which are substantially improved or substantially modified shall be elevated on a permanent foundation so that the lowest floor of the manufactured home is at or above the flood protection elevation and is securely K:\FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading- 1190,doc anchored to an adequately anchored foundation system, and shall meet the anchorage and tie -down requirements of paragraph (a)(2) of this section. (12) Recreational Vehicles: In order to reduce debris and hazard potential, recreational vehicles shall either: a) be in the one htmdred -year floodplain for fewer than one hundred eighty consecutive days, b) be fully licensed and ready for highway use, or c) meet the permit requirements and elevation and anchoring requirements for manufactured homes. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (13) Structure Orientation: In order to minimize the obstruction to flow caused by buildings, to the extent consistent with other city policies regarding solar access, new strictures shall be placed with their longitudinal axes parallel to the predicted direction of flow of floodwaters or be placed so that their longitudinal axes are on lines parallel to those of adjoining structures. (14) Existing Uses: The use of any land or stricture that was lawful before the application of this section or any amendment thereto but that does not conform to the requirements of this section may be continued subject to the requirements of this section. If such a use not conforming to the requirements of this section is discontinued for twelve consecutive months, no person shall use the land or structure thereafter unless such use conforms to the requirements of this section. (15) New Uses: All uses allowed by the underlying zoning district may be established, subject to the requirements of this section, except for the outdoor or uncontained storage of moveable objects below the flood protection elevation. (16) Existing Structures: Any structure in existence before the enactment of this section or any amendment thereto that does not conform to the requirements of this section may remain or may undergo rehabilitation subject to the requirements of this section. Further, any such structure may be otherwise improved as follows:. (A) Any person making an expansion or an enlargement to an existing residential structure shall elevate the lowest floor, including the basement, of the expanded or enlarged portion to or above the flood protection elevation. (B) Any person making an expansion or an enlargement to an existing nonresidential structure shall floodproof or elevate the lowest floor, including the basement, of the expanded or enlarged portion to or above the flood protection elevation extent that any lodging units within the expanded or enlarged portion of such stricture shall be elevated to or above the flood protection elevation (C) Any person making an expansion or an enlargement to an existing mixed -use structure shall floodproof or elevate the lowest floor- including the basement, of e expanded or enlarged portion to or above the flood protection elevation and shall elevate the residential lodging units within the expanded or enlarged portion to or above the flood protection elevation. LDL Any person making a substantial modification or a substantial improvement to any existing nonresidential structure shall floodproof or elevate the lowest floor, including the basement, of the subst.., i ine di Pied ,...impro ..,...: entire K:TCAMo- 7926 Critical Facilities Ordinance 3rd Reading- 1190.doc structure to or above the flood protection elevation and shall fl e a ]..reef the rema inder 4 ;he existing stf lin the expanded or enlarged portion of such structure shall be elevated to or above the flood protection elevation (DE) Any person making a substantial modification or a substantial improvement to any existing residential structure shall elevate the lowest floor, including the basement, of the entire residential structure to or above the flood protection elevation. (F) Any person making a substantial modification or a substantial improvement to an existing mixed -use structure shall floodproof or elevate the lowest floor, including the basement. of the entire structure and shall elevate al] residential and lodging units within the structure to or above the flood protection elevation. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (17) New Structures: Construction of new structures shall meet the following requirements: (A) Any person constructing a new residential structure shall elevate the lowest floor, including the basement, to or above the flood protection elevation; (B) Any person constructing anew mixed -use structure shall floodproof or elevate e lowest floor. including the basement, of the entire structure and shall elevate all residential and lodging units within the structure to or above the flood protection elevation Q. Any person constructing a new nonresidential structure shall elevate all lodging units within the structure to or above the flood protection elevation and shall floodproof in a manner requiring no human intervention or elevate the lowest floor, including the basement, to or above the flood protection elevation with the following exceptions: (i) Open air carwashes; (ii) Unheated pavilions; (iii) Unfinished or flood resistant building entryways or access areas; (iv) Garden storage sheds; (v) Sidewalks, paving, or asphalt, concrete, or stone flatwork; (vi) Fences; and (vii) Poles, lines, cables, or other transmission or distribution facilities of public utilities. (Co Any person constructing a new structure on a property removed from the one hundred -year floodplain through a FEMA Letter of Map Revision Based on Fill (LOMR -F) shall protect the lowest floor, including the basement, to or above the flood protection elevation that existed before placement of full, as follows: (i) Residential structures: by elevating the structure; or K: \FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading- 1190.doc (ii) Nonresidential structures: by elevating or floodproofing the structure. Solely for the purposes of this subparagraph (a)(] 7)(C), previously designated floodplain areas that have been removed from the one hundred -year floodplain through a LOMR -F shall be considered to be within the floodplain. No person shall construct a new structure subject to this subparagraph (a)(17)(C) prior to the issuance of a floodplain development permit pursuant to S section 9 -3 -6, " Floodplain Development Permits," B.R.C. 1981. (18) Enclosures: Enclosures below the lowest floor that are unfinished or flood resistant, usable solely for parking of vehicles, crawl spaces, building access or storage, in an area that is not a basement, and that are not floodproofed as set forth in this section shall meet the following requirements: (A) Compliance with the provisions of paragraphs (a)(2), (a)(3), and (a)(4) of this section; and r 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) Design and construction that automatically equalizes hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. (i) Designs for meeting this requirement shall meet or exceed the following minimum criteria: 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. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (ii) Any designs not in conformance with subparagraph (a)(18)(13)(i) above, shall be certified by a registered professional engineer or licensed architect and shall conform with the most cunent FEMA Technical Bulletin on 1- 93 Openings in Foundation Walls. (C) Fully enclosed areas below the lowest floor subject to this provision include the following: (i) Residential garages placed at or above grade; (ii) Enclosures or vestibules that are attached to structures and that are utilized for storage or entryways; (iii) Crawl spaces; and (iv) Outdoor pavilions and patio enclosures with removable walls not located in the high hazard zone. (19) Below Grade Crawl Space Construction: New constriction, expansion or enlargement, substantial improvement and substantial modification of any below grade crawl space shall meet the following requirements: (A) Interior grade elevation that is below the base flood elevation shall be no lower than two feet below the lowest adjacent grade; K:\FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading- 1190.doc (B) The height of the below grade crawl space measured from the interior grade of the crawl space to the top of the foundation wall shall not exceed four feet at any point; (C) Adequate drainage systems shall allow floodwaters to drain from the interior area of the crawl space following a flood; and rd 0 (D) The provisions of paragraphs (a)(2), (a)(3), (a)(4) and (a)(18) of this section shall be complied with. (20) Critical Facilities and Lodging Facilities: The requirements of Subsection 9-3 -2(i). Standards for Critical Facilities and_Lodging Facilities in the Five Hundred -Year Ftoodplain' B R C 1981 apply to critical facilities and lodging facilities in the one hundred- hundred-ycar floodplain. Where a conflict exist between the requirements oLtbia section and the nrovision of Subsection 9- 3 -2(i), B.R.C. 1981. them st resit fictive requirements a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 3. Section 9 -3 -4, B.R.C. 1981, is amended as follows: 9 -3 -4 Regulations Governing the Conveyance Zone. In the conveyance zone, the following standards apply: (a) The provisions of section 9 -3 -3, "Regulations Governing the One Hundred -Year Floodpla4" B.R.C. 1981. (b) The provisions of section 9 -3 -5, "Regulations Governing the High Hazard Zone," B.R.C, 1981, if the land is also located in the high hazard zone. (c) All uses allowed under the provisions of section 9 -3 -3, "Regulations Governing the Floodplain," B.R.C. 1981, if they are not prohibited by the underlying zoning district or any ordinance of this City, may be established except that no person shall establish or change any use that results in any rise in the elevation of the one hundred -year flood. (d) All structures allowed under section 9 -3 -3, "Regulations Governing the One Hundred -Year Floodplain," B.R.C. 1981, may be established except that no person shall: (1) Place any structure in the conveyance zone that will result in any rise in the elevation of the one hundred -year flood; or (2) Place any obstruction in the conveyance zone, except a device reasonably necessary for flood management if the device is designed and constricted to minimize the potential hazards to life and property. (e) No person shall carry out any other development that results in any rise in the elevation of the one hundred -year flood. K:\FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading- 1190.doc (t) Localized rises within flood channels or on a specific parcel that is being developed are permissible if there is no adverse impact on nearby properties and there is no increase in the average water surface elevations along the cross sections of the floodplain. 0 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (g) Localized rises on land owned or controlled by a government or government subdivision or agency, or within public drainage or flood control easements, are permissible if the following requirements have been satisfied: (1) The applicant has necessary property interests or permission to use land to allow the increase in any water sur -face elevation or there is no adverse impact to such land; (2) There are no insurable structures under the FEMA National Flood Insurance Program affected by the localized rise; (3) The applicant minimizes the amount of the localized rise in a flood elevation; and (4) The applicant complies with all necessary FEMA requirements, including, without limitation, obtaining a Condi - tional Letter of Map Revision (CLOMR) prior to development and a Letter of Map Revision (LOMR) upon completion of a project causing a localized rise in flood elevation. Section 4. Section 9 -3 -5, B.R.C. 1981, is amended as follows: 9 -3 -5 Regulations Governing the High Hazard Zone. In the high hazard zone of the floodplain, the following standards apply: (a) The provisions of section 9 -3 -3, 'Regulations Governing the One Hundred -Year Floodplain," B.R.C. 1981. (b) The provisions of section 9 -3 -4, 'Regulations Governing the Conveyance Zone," B.R.C. 1981, if the land is also located in the conveyance zone. (c) All uses allowed under the provisions of section 9 -3 -3, 'Regulations Governing the One Hundred -Year Floodplain," B.R.C. 1981, if they are not prohibited by the underlying zoning district or any other ordinance of the City, may be established, except that no person shall: (1) Change the use of an existing structure intended for human occupancy from a nonresidential use to a residential use or use as a school, daycare center, group home, residential care facility, or congregate care facility. (2) Establish any new parking lot for motor vehicles. (3) Establish any campground. (d) All structures allowed under the provisions of Ssection 9 -3 -3, 'Regulations Governing the One Hundred -Year Floodplain," B.R.C. 1981, may be established, except that no person shall: K \FCAD \c- 7926 Critical Facilities Ordinance 3rd Reading- 1190.doc (1) Constructor place any new structure intended for human occupancy. (2) Expand, enlarge, or make a substantial modification or substantial improvement to any existing structure intended for human occupancy. Notwithstanding this provision, a person may reconstruct a non - flood - damaged structure or portion thereof, which otherwise does constitute a substantial improvement, under the provisions of Seubparagraphs 9- 3- 3(a)(16)(C) and (a)(16)(D), B.R.C. 1981. (e) Unconditioned, unenclosed building elements such as balconies, awnings and roof overhangs may extend up to four feet into the high hazard zone if completely located above the flood protection elevation and the remainder of the structure complies with this chapter. Section 5. Section 9 -3 -6, B.R.C. 1981, is amended as follows: 9 -3 -6 Hoodplain Development Permits. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (a) Activities Exempt from Floodnlain Development Pennit Repuirement: The following activities are allo�wed within thLong_hundred -vear floodnlain and in the five hundred -year floodnlain and do ma recLuire--a—floodyla�velgamm-permit; (i) "Maintenance" as defined in Section 9 -16 -1. "General Definitions." B.R.C. 1981. that does not affect the efficiency a capacity of the conveyance zone or high hazard zone. i Sidewalks, concrete, asphalt or stone flatwork that does not result in the es tablishment or expansion of parking area and does not modify existing grade by more than six inc hes. (iii) Underground utilities that do not modify existing grade. (iv) Pow, lines, cables, signposts. landscaping and artwork that do not affect the efficiency or capacity_ of the cone ance zone or hi ,1- iazard zone. v) Temporary facilities that are not permanently attached to the ground -s1t h as tents, traffic control devices and lawn furniture m that they will notaff the efficiency or capacity of the conveyance zone or high hazard zone, or they will remain in place for no more than thirty days. (bl An applicant for a floodplain development permit shall pay the fee prescribed by ,section 4- 20-44, "Floodplain Development Permits and Flood Control Variance Fees," B.R.C. 1981, and shall complete an application form provided by the city manager that shall include, without limitation, the following. (1) The written consent of the owners of all property subject to the development request; (2) A written statement addressing the criteria for approval; (3) Information on the location of hazardous material and how it will be secured to prevent its release dttdng a flue hundred -vear flood event, iftlte floodnlain development permit application is for a critical facility which will contain hazardous K: \FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading- 1190,doc 4 material A ,...rfaee v...w plan sho wing el eva t ions and conto of the g .. A. al 4i ft s t....et.. Fes fill ..,1 storage ele r l aea t: ons .......t :..l ., e of a l .,......,..... �, . ., �.... �... o-6 si an ,.A n fi e i pa ted 1 e ,.4 et,. en the s i t. Laeatio.. ....A ..1......t:ens eF propos u.... , a nd street. .ate. lies and sanitai=y ue:ht. and soil t e . and (4) A cony of the emergency management Plan. if the floodplain development eJ unit application is for a critical facility or lodging facility: an do.. ee ifi e t:.._,. for- bei1,,:..g eenstfueti..., a nd . ,ate «:.d.. filli E l Fe d g in gfadi«.. chatifi p A ehan .e.. st..rage of materials water ,......d., ..,.A .. ...:t...... F s il:ti,_,. (5) A written statement by a Colorado registered professional engineer certifying that the tzt_opossed levee design and operating and maintenance manual meet the requirements of Subsection 9- 3- 2(i)(5). "Exemption for Critical Facilities protected by Levee Systern," B.R.C. 1981. if the flood development permit application is for a critical facility or lodging facility for which an exempti is sought under Subsection 9 -3- 2i 5. 1p 11 12 13 14 l5 16 17 is 19 20 21 22 23 24 25 (b, The manager may require the applicant to furnish additional information and details deemed necessary to evaluate the effects of the proposed construction upon the floodplain or to etcrmine whether the requirements of this chanter have been met including, without limitation: (1) A surl7 ce view plan showing elevations; and 1 o'the ound eminent st fill, and storage elevations: sizes, locations. and spatial arrangclnents of all i2oascd, anticipated, and existing structures on the site: Iocation and elevations of streets, water supplies, and sanitary facilities: and soil tunes: (2) Specifications for building construction and materials, filling, dredging. 1?rading. channe improvemen chanacs, storage of materials. water supply. and sanitary facilities k31 L Valley cross sections showing the floodplain surrounding the watercourse, cross sections of the area to be occupied by the proposed development, atone hundred - year flood maximum water surface elevation information and, for critical facilities and loclr facilit es. #ive hundred -year flood maximum water surf elevation information (24) A profile showing the slope of the bottom of the channel or thalweg of the watercourse; (35) A floodplain analysis by a Colorado registered professional engineer of the flood profile, elevation, and velocity, using methodology acceptable to FEMA, including existing and anticipated uses and making a determination that the proposed construction or development will not cause a rise in the elevation of the water surface of a one hundred -year flood; and (46) A structural analysis by a Colorado registered professional engineer showing that any proposed structures will be adequately designed and constructed to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and scouring. K:\FCAD \o- 7926 Critical Facilities Otdivauce 3rd Reading- 1190.doc (ed) When reviewing an application for a permit, the city manager shall determine which portion or portions of the floodplain are affected by the particular development request and shall then apply the provisions of Ssections 9 -3 -2. "Floodnlains." 9 -3 -3, "Regulations Governing the One Hundred -Year Floodplain," 9 -3 -4, "Regulations Governing the Conveyance Zone," and 9 -3 -5, "Regulations Governing the High Hazard Zone," B.R.C. 1981, as applicable. The manager also shall determine whether the application meets the intent of this chapter prescribed by Ssubsection 9- 3 -2(a), B.R.C. 1981, after considering the following factors: (1) The effects upon the efficiency or capacity of the conveyance zone and high hazard zone; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) The effects upon lands upstream, downstream, and in the immediate vicinity; (3) The effects upon the one hundred-year flood profile; (4) The effects upon any tributaries to the main stream, drainage ditches, and any other drainage facilities or systems; (5) Whether additional public expenditures for flood protection or prevention will be required; (6) Whether the proposed use is for human occupancy; (7) The potential danger to persons upstream, downstream, and in the immediate vicinity; (8) Whether any proposed changes in a watercourse will have an adverse environmental effect on the watercourse, including, without limitation, stream banks and streamside trees and vegetation; (9) Whether any proposed water supply and sanitation systems and other utility systems can prevent disease, contamination, and unsanitary or hazardous conditions during a flood; (10) Whether any proposed facility and its contents will be susceptible to flood damage and the effect of such damage; (11) The relationship of the proposed development to the Boulder Valley Comprehensive Plan and any applicable floodplain management programs; (12) Whether safe access is available to the property in times of flood for ordinary and emergency vehicles; (13) Whether the applicant will provide flood warning systems to notify floodplain occupants of impending floods; (14) Whether the cumulative effect of the proposed development with other existing and anticipated uses will increase flood heights; and (15) Whether the expected heights, velocities, duration, rate of rise, and sediment transport of the floodwaters expected at the site will adversely affect the development or surrounding property. K: \FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading- 1190.doc (do If the city manager determines that the applicant meets the purposes and requirements of this chapter, the manager shall issue the permit and may attach such conditions as deemed necessary to further the purposes of this chapter. (e) A- Every p ermit issued on or after April 7, 1985, shall become invalid e*pires three years H 12 13 14 15 16 17 18 19 20 21 22 23 24 25 permit - if the work authorized by such permit is not completed and approved lsvthe city manager within three years from the date such permit was issued. Upon receipt of a repuest in writing that demonstrates iustiflable cause and is received prior to expiration of t permit, the city manager may grant in writing one or more extensions of time for oeriods not more than 180 days each. As part of an approval of extension of a permit. the city manager may impose additional conditions on the applicant in order to ensure compliance with any amendments to this chapter or the floodplain mapping effective after e date of the original permit approval. The to *m "es shall ...em footings, slabs or ( €g) No person who has obtained a permit shall fail to construct in accordance with their approved application and design. (g<1) Floodplain development permits that allow for development in the conveyance zone or the high hazard zone, or which will involve a change of watercourse, shall be decided by the city manager. The decision of the city manager shall be subject to call -up by the planning board, or appeal by any aggrieved party to the planning board, subject to the call -up and appeal procedure of S section 9 -4 -4, "Appeals, Call -Ups and Public Hearings," B.R.C. 1981. (ih) A floodplain development permit for any of the following items is effective upon the date of its issuance: (1) Sidewalks, parking lots, or other concrete, asphalt, or stone flatwork that do not modify existing grade; (2) Uninhabited overhead structural projections, no portion of which extends below the flood protection elevation; or (3) Rehabilitation of an existing structure in accordance with the definitions in eChapter 9 -16, "Definitions," B.R.C. 1981. In addition, for properties in the high hazard zone, the rehabilitation shall not result in a prohibited change in use as set forth in Seubsection 9- 3 -5(c), B.A.C. 1981. (ii) No person shall initiate any use after obtaining a permit Linder this section without first submitting to the city manager a certification by a Colorado registered professional engineer that the development has been completed in compliance with the approved permit application and that all conditions have been fulfilled. K: \FCAD \o -7926 Critical Facilities Ordinance 3rd Reading -] 190.doc 51 10 12 13 14 15 16 17 18 19 20 2I 22 23 24 25 6k) At least once every three years, the owner or operator of a critical facility protected by a l evee for which the city manager approved an exemption under Paragraph 9- 3- 26l(5). "Exemption for Critical Facilities Pmtected by Levee System," BA .C. 1981, in a floodplain development oerinit, shall file with the city manager a written certification from a Colorado registered professional engineer that the levee meets the minimum freeboard re quirements set forth in Subsection 9- 3- 2(i )(5) and that the levee appears. on visua inspection, to be strtteturally sound and adequately maintained. The city manager may eguire the owner or operator to submit such certification more frequently than once every three years if warranted by recent flood conditions or circumstances that may lead to changes in the levee system at the critical facility. The peW it exec certiti�aaiQL required pursuant to this subsection is_not filed with the city rnaltager. once a floodplain development netmit has-been issued granting • n exemption under Paragraph 9- "Exemption for Critical Facilities Protected by Levee System." B.R.C. 1981. for a critica facility protected by a levee system. future development on the land protected by fire levee system that does not in any way affect the levee system or its operation and maintenance shall not require a floodplain development permit so long as the requirements of this ¢section (k) and Paragraph 9- 3- 2(i)(5). B.R.C. 1981. ue me,. Section 6. Section 9 -3 -7, B.R.C. 1981, is amended as follows: 9 -3 -7 Variances. (a) A perso wishing to o ..A o «1....ge a ex ist i ng °t. eture th d eer ne t .. .,r t th re"irefaests of this chapter and eatiftet be made to 0 Unreasonable expense vafianee fi i the requirements of °..L .............. phs 9 Z Z /.,l/1 L \ /('\ .....1 (a) G*m) city manager may grant a variance from the requirements of Subsection 9- 3 -2(i) and Sections- 9 -3 -3. 9 -3 -4. and 9 -3 -5 , B.R.C. 1981, except that no variance shall be granted for expansion or enlargement of any structure constructed after July 12, 1978, unless such expansion or enlargement conforms to the flood protection elevation requirement in effect at the time of the original construction. (b) The city manager shall not grant a variance under this section unless the manager determines that: (1) Considering the flood hazard, the variance is the minimum necessary to afford relief; (2) To do so would not result in additional threats to public safety, extraordinary public expense, nuisance, fraud, victimization of the public, or for variances in the conveyance zone a rise in the elevation of the water surface of a one hundred -year flood, or be in conflict with existing provisions of this code, of-any ordinance of the City or any other applicable laws and K:\FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading- 1190,doc (3) Failure to grant the variance would result in exceptional hardship to the applicant, exeent that a hardship need not be shown for a variance sought to the requirements of Paragraph (i)(4) of 9 -3 -2. B.R.C. 1981. for an public essential services facility in the five hundred -year floodplain if the applicant demonstrates to the satisfaction of the city manager that the facility is an element of a redundant system for which services 1 not be interrupted during a flood. At a minimum. the applicant shall demonstrate that one or more redundant facilities are available. either owned by the same public entity or available through an intergovernmental agreement or other contract, and are connected: that the alternative facilities are either located outside of the five hundred -year floodplain or are compliant with the requirements of this chanter; and that an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidenee pf ongoing redundancy shall be provided to the city manager by the owner or operator of the facility upon request by the city manager. (c) The manager shall examine the following factors in determining whether or not to grant a variance under this section: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) The danger to life and property due to flooding or erosion damage; (2) The likelihood that the proposed development, in conjunction with existing and anticipated development, may increase flood hazards; (3) The relationship of the proposed development to the Boulder Valley Comprehensive Plan and any applicable floodplain management programs; and (4) The cost and ability of providing essential services such as maintaining and protecting public utility systems, roads, and bridges and of restoring normal operations for the community during and after floods. (d) The city manager shall not grant a cumulative total of variances that increases a structure's floor area by more than ten percent of the structure throughout the life of the structure. (e) An applicant for a variance shall apply on forms provided by the city manager and pay the fee prescribed by Ssection 4- 20 -44, " Floodplain Development Permits and Flood Control Variance Fees," B.R.C. 1981, unless a floodplain development permit is required as well, in which case no fee is required for the variance. (f) Any decision by the city manager to approve a variance is subject to call -up by the planning board or appeal by any aggrieved party to the planning board as described by Ssection 9 -4 -4, "Appeals, Call -Ups and Public Hearings," B.R.C. 1981. (g) When granting any variance that allows for construction below FEMA's one hundred -year flood protection elevation, the city manager shall provide to the recipient of the variance written notice that the proposed construction does not conform with FEMA guidelines and that the proposed construction and the original structure may be subject to increased flood insurance premiums. K:\FCAD\o-7926 Critical Facilities Ordinance 3rd Reading- 1190.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 7. Table 6 -1: USE TABLE of Subsection 9- 6 -1(d), B.R.C. is amended as follows: 9 -6 -1 Schedule of Permitted Land Uses The schedule shows the uses which are permitted, conditionally permitted, prohibited, or which may be permitted through use review pursuant to Section 9 -2 -15, "Use Review," B.R.C. 1981. (a) Explanation of Table Abbreviations: The abbreviations used in table 6 -1 of this section have the following meanings: (8) Additional Regulations: There may be additional regulations that are applicable to a specific use type. The existence of these specific use regulations is noted through a reference in the last column of the use table entitled "Specific Use." References refer to subsections of Sections 9 -6 -2 through 9 -6 -9, B.R.C. 1981, for "Specific Use Standards...,' or other sections of this title. Such standards apply to all districts Unless otherwise specified. (d) Use Table: TABLE 6 -1: USE TABLE K:\FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading -I 190.duc Specific' Use Use Modules RI R2; R3 1 R4. R5 R6 R7 R8 MH M7: M2 M3 M4, B1, 62 63 B4 BS', D1'I D2 � D3, 11 . 12 13 14 P A Standard Residential Uses Detached dwelling A I I ,A iA ; A ;C 'A A A U 'U A A A A A IA IA UU U.0 units I A ,98-4 Detached dwelling unit with two C : C • " ' , . . • , • , C C 9 -63(0) kitchens DuplexesA !A [ A iC A 'A A �I,A A (A iA iA IA !A _A �A JA ,G U U N _9-8 -4 Attached dwellings ' A A IA C A - A C A A A A 'A jA A A A ,A i,A G ,U :U '.N U '',9 -8 -4 Mobile home parks U U ` U U :A ` ' ' . ' . ` Townhouses A :A A C A 'A A A IA A A IA ',A IA ' 'A A 'A ',A 'G U 'U i N U ',9 -8 -4 - Live -work • . ' A • ' ' ' ` . , U I U U `A Cooperative housing C C C C C. G - C C C C " ' ' ' ' ` ` ` U I U 9- 6 -3(b) units - � Efficiency living units: K:\FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading -I 190.duc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A.Ir <20%of total , units U A A M A A A A 'G A A A A A G U U N U B. If 220% of total , U A• U A ,A U U U U U U U U U U U U units ,U Accessory units: A. Accessory C C . . . . . . . ,C I9- 6.3(a) dwelling unit sororilies, and . IC B. owners C C A U Ill 1 9 -E3(a) accessory unit I 4 �' A. �• I � A I U _ C- Umited C . I . . �. i . �. �. I, 9.- dormitories 9- 6 -3(a) accessory unit I, Caretaker dwelling , , , , , , , , , A A A AA A unit i Group quarters: A. Congregate care A A A A A A A A A G A C A A C C C U U U U 9- 5 -3(t) facilities A U A 9•3.2fi1 B. Custodial care ' • U U U U U U U U U' U' U' U U U U U' , ' I C. Group homes C C C C C C C C C C C C C C C "C C C C' • • , I9 -&3(d) D. Residential care - C C C C C C C C C C C C C' C C 0 C U U 9-6 -3(f) facilities 19- 3.2(11 E. Fraternities, sororilies, and . A A U A G A , A. A U U 9.- dormitories F. Boarding houses ' U U A A A U A A G A G A' A' A U U ' Home occupation C C C C C C C C C C C C C C C C' C C C C C C C C C C 9- 6.3(e) Transitional housing C C C C C C C C• C C C C C C C C C C C C C C C C C 9- 6 -3(h) Dining and Entertainment Art orcraft studio space 52.000 • U U U U U U U` A A A A A A A A A A A A A A A U square feet Art orcraft studio I space >2.001 U U U U U U M U U A A A A A A A A A A A A ' square feel Breweries, distilleries or �195- wineries <15.000 ' C C square feel and with a restaurant Breweries, distilleries or 9-0 wneries <15,000 ' A A A A 5(b)(3.5) square feet and without a restaurant Breweries, distilleries or wineries with or ' ' ' . ' ' ' ' ' ' ` ` ' • U C C ' ' 9 -6- without a restaurant I 5(b)(3.5) >15.000 square feet K:TCAtno- 7920 Crirird FaciOtics l7rdiimnce ant licrding -I 190:dos 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Commercial kitchens and catering Indoor amusement establishment Mobile Food Vehicle on Private Property Mobile Food Vehicle on Public Right of C Way Museums Restaurants (general) n Restaurants, brewpubs and taverns no larger than 1,000 square feet in floor area, which may have meal service on an outside patio not more than 1 A the floor area, and which close no later than 11:00 p.m. Restaurants, brewpubs and taverns no larger than 1,500 square feet in floor area, which may have meal service on an outside patio not morelhan A the floor area, and which close no later than 11:00 p.m. Restaurants, brewpubs and taverns over 1,000 square feet in floor area, or which close ` after 11:00 p.m„ or with an outdoor seating area of 300 square feet or more I A U U U U U A ! A A A "' ' ' C C C C C C C C C C C C C C C C C 9- 6 -5(d) ' ' ' ' ` • ' ' • ' ' ` ' C C C C C ` 9-6 -5(d) • .. • • "' • • ' A U U A A A A A A A A A A A A U U U U U U U U IC\FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading -] 190.doc 1 2 3 4 5 6 7 S 9 10 Il 12 13 14 15 16 17 19 19 20 21 22 23 24 25 Restaurants, — brewpubs and taverns that are: over 1.500 square feel in floor area. outside of the University Hill general improvement . . . . ' nfa No ma nia Na, n1a Na U U U A A A A A U We Na Na Na Na Na district: over 4,000 square feet within the University Hill general improvement district: or which close after 11:00 p.m. Restaurants, - - - brewpubs and tavems in the I 1 University Hill general i improvement districl . that are greater than nia Na n1a nia' n1a Na No Na nia I We nfa nia nia We C nia nfa Na nia nia Na nfa nia nia' Na nia Na 9.6 -5(b) 1.500 square feet and do not exceed 4,00 square feet in wh floo chan 11 c los e later p m - .Tj R an 11:9 brewpubs and taverns with an outdoor seating area We nia nfa nia ale nfa. n1e Na nla Na We Na U U U U U U U U U nfa WE nia nia Na nia of 300 square feel or more within 500 feet of a residential zoning district Small theater or . . . . . . . U U U U A U U U A A U A' rehearsal space Taverns (general) n1a: n1a n/a n1a nla'pla Na�Na. Na nla:nla We Na nia nfa nfa We nfa No We nfa' No We Temporary outdoor . . . . . . . . . . . . C C C C C C C C C C C C G C' 9- 6 -5(c) entertainment Lodging uses: Hostels ' ' ' ' ' U U U A U G U G A' A G G U' U U' ' ' 9 -3-- Bed and breakfasts ' ' ' ' ' U A ' U A A ' ' ' ' ' ' , • • • • . • . . 9- 0.5(a) Motels and hotels ' ' ' ' ' ' ' ' ' - ' A U A A ' A A A U Public and Institutional Uses Airports and . . . . . . . . . . . . . . . . . . . . . . heliports U- Cemeteries ' ' ' ' ' ' ` ' ' ' ' ' ' ' ' ' ' ' ' ' A A Daycare, home A A A A IA A ' . ' ` ' . ' ' ' ' ' ' ' ' ' ' ' ' . ' ' K3FCAUW- 7926 Critical Facilities Ordinance Ind Reoding- 1190.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Daycare center with 9- 6 -6(a) 4 - 50 children U U C U U C C U U A U U U A U A A A U A A U U U U U U 932fil Daycare center with 9- 6 -6(a) >50 children U U U U U U U U U U U A U A A A U A A U U U U U U 9.3 -2_ 1) Day shelter ' ' U+ U C C U C U C C C C C C C C C C C C C U 9- 6 -6(b) Emergency shelter U U U U U C C C C C C C C C C C C C C C C C C U 9 -&6(b) Essential municipal and public utility U U U U U U U U U U U U A A A A A A A A A A A A A U U 9- 3"2(i) services Gov facilities ities U U U U U U U U U U U U A A A A A A A A A A A A A U 9- 3 -21i1 Mortuaries and « . . . . . . . U U U U U U U ' funeral chapels Nonprofit . . . . . . . , . . membership clubs A U G A A A A A A U Overnight shatter U' U C C` U C U C C C C C C C C C C C C C ti 9-astll Private elementary, junior, and senior U U U U U A U` U U U A A G A A A U A U" .. ..' high schools Public elementary, junior, and Senior A A A A IA A A A A A A A A' A A A A A A A A A A A A A high schools Public colleges and universities A A A A A A A A A A A A A A A A A A A A A A A A A A' Private colleges and • , , U ' A ' A , U U U U A " universities Public and private office uses providing ' j' U U U C A G A A A G A A U U U social services Religious A A A A U A A A �U U A A A A A A A ' A A ' assemblies L i _ __L__I _ Adult educational I I it I r facility with c20,000 IrI i U U U U U U U• ` U U U A A square feet of floor G A A A U A U A A I� A f A A area Adulleducafional facilities with 220,g0o square feet U U U U U U U U U U A G A A A U A U U U U U A or more of floor area Vocational and trade , , . . . . . . + A U G A U A U U U A A A A A U schools Office, Medical and Financial Uses Data processing C A G A C A G A A' A A A 9 -6 -7 facilities Financial institutions ' ' ' ' M M M M C U A A A A A A A' ' Hospitals . . . . . . . . . , . . . . . . . . . . . A2 K:IFCAD \o- 7926 Critical Facilities Ordinance 3rd Rcading -I 190.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Medical or dental I P f I C C C C C l � i j C C clinics or offices or C U l u U U U , M U U C A A A C A G A A` , , U 9 -6 -7 addiction recovery Broadcasting and . U U U U U U M M M A A G A A A A A A A A A 96) facilities I Business support i Medical and dental services <10,000 ' . ' ' ' . ' ' ' ` . . A _ A A A A A A A U _I �A square feet _ ` , laboratories I� �� Business support M� M M M C A A A A services 230,000 . ' ' ' ' ' U U A U A Offices. I. A �. I . �. A U U U U' C A A A C A G I• A A A A 9 -6 -7 administrative Industrial service , C C . . • center Offices, professional . U U U U U M M M M C A A A C A G A A 9 -6 -7 Offices, technical; with <5,000 square ' U U U U U M M M M A A A A C A G A A A A A A 945-7 feet of floor area Offices, technical; with >5,000 square ' U U U U U M M M M U A U A C A G A A A A A 9 -6-7 feet at floor area Offices -other U U U U U M' ' M M M C A A A C A G A A'' ' `' ' 9 -6 -7 Parks and Recreation Uses Campgrounds . ' ` . ' ' ' ' U U U U Outdoor . . . . . . . . . . . . . U . U U U U U U U entertainment Park uses and recreation A A A A A A A' A A A I A A iA A A A A A A A A A A A A Indoor recreational . . . . . U U ` U U A A IA IA A A A A A A A U U A or athletic facilities Commercial, Retail and Industrial Uses Service Uses: Animal hospital or . . . . . . . . . . U U U A U A U A A A U veterinary clinic Animal kennel . ' . ' • ' ' C' U U A U A A U A Antennas for wireless C C C C C C C C C C C C C C C C C C C C C 9- 6.9 (a) telecommunications IA services Broadcasting and . U U U U U U M M M A A G A A A A A A A A A A recording facilities Business support services <10,000 ' . ' ' ' . ' ' ' ` . . A A A A A A A A A U U A ' square feet Business support services 230,000 . ' ' ' ' ' U U A A A A A A U U U U' square feet Industrial service , C C . . • center Non- vehicular repair and rental services , without outdoor storage Neighborhood business center U U ' ' U U U A U U U U A U` A" . . . . . . . . . . . . . . . . . . . 9 - 6.9(6 KMCAMo- 7926 Critical Ii Ordinance 3rd Reading-] 190.doe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Personal service uses U V V U A U IU IA IA iA IA A IA IA IA IA A A A Retail Sates Uses Accessory sales ' ' ' ' A A I' I' C C C C C C C C C C C C C C C C C Convenience retail sales 52,000 square I U U U U ,A A A ;A U -A A II U IU A A C C C feel _�_ I I I _V_ _� I __ �_� ' �• Convenience retail sales >2,000 square ' U U M M A U A A A U A A A C C" feet Retail fuel sales (not including service I' U U U I' U U U U U C U C C U C U U C C U' stations} rrr � � Retail sales 55,000 .� _ _�� �., _� —�, ��' U I ' I U �A �' �A A A I A A A . . . � . square feel Retail sales >5,000 square feet but ' ' ' ' ' A A A A A A A A' 4_20,000 square feet Retail sales >20,000 ° , , , , p, r U U U A A A A U , t 1. J ' square feet y Building material f I" sales !915,000 �. . • �ll �' A A A �A square feet of floor area Building material I I(( I { sales >15,000 U U U U U U I' square feet of floor area Temporary sales C C C C C C C C C C C C C' Vehicle - Related Uses: Automobile parking r �� lots, garages, or car U U U U U U U IU IU IU IU U IU IU IU IA i U IU U U A A A U U' pool lots as a principal use Car washes ' ' ' ' ' ' ' ' ' ' ' • ' U iA ;u IU IU IU Drive - thru uses 1' 1' ' ' ' ' ' ' ' ' ' ' ' ` U I U U I ` U I U ' ' ' ' Fuel service stations I , . . . . U U U C C C U C C C' U or retail fuel sales Sales and rental of , U A U A A' vehicles Sales and rental of vehicles within 500 , . . . . . . . . . U C C C C ' feet of a residential use module Service of vehicles with no outdoor ' ' . ' ' ' U U U A U A A A A ' storage Service of vehicles with limited outdoor U U U A A A' storage 9 -16 9.6.9(d) 9-6 -5(c) 9- 6.9(b) I 9- 6.9(i) K:\FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading- 1190.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Industrial Uses Building and landscaping ' ' ' . . . ' A A A A A contractors C leaning and . . . . . . . . . . . . . . . . . . . laundry plants A A A A Cold storage lockers ' ' ' ' . . ' . ' ' ' . . U U U U U A A A A Computer design and development A A G A CA G A A' A A A' 9- 6 -7(a) facilities Equipment repair and rental with ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' U A U U U A A A A outdoor storage i I U Lumberyards - - I. �. , _ -% f. rr I iA A . �.. Manufacturing uses I, i•I • Iq A I• IA A A A <15,000 square feet Manufacturing uses I U A >15.000 square feet i I I° I A `A Manufacturing uses ��� _r- -� �• - r - Tt —i - � �• f with potential off -site ' �' U l7 g- 6-0{ia) impacts Outdoor storage ' , . . ' ' ' (' �• . . . . . . . ' ' iA U IA — Outdoorstorageof , . , , , , , i, C G — �C C , C 'C g- 6 -9(g) merchandise Printers and binders ' ' ' ' ' ' ' ' ' • • ' • ' ' ' A A A A Recycling centers ' ' • . . . U U U U ' ' Recycling collection , , facilities - large U U U U U U U U 9- 6 -9(h) Recycling collection , . , , . . C' C C C U U U U C C C C C 9 -6A(h) facilities -small Recycling . . . . I . . . . . . . . . . . U U U U 9- 6 -9(h) processing facilities S elf- service storage . . . . . . . . . . . . . . . . . . . facilities A U Telecommunications , G A G A U A G A A A A A use Warehouse or A A A A distributions facilities Wholesale business ' ' A . ' A A A A ' Agriculture and Natural Resource Uses Open space, grazing and ' ' . . . • ' • ' • ' ' ' ' A A pastures Community gardens C C I C G C C C C C C C C C C iC C I IC C C C C C C C C 9- 6 -4(a) Crop production IA 1A JA IA A A A A A A A A` � ' ' ' A A Y Mining industries —T T� ' - - - - - - - ' '- - r -- f' 1' U U Firewood operations I' ` ' ' ' � ` I. I ' A A A ' ' K\FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading- 1190.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Greenhouse and , plant nurseries ',A A iA I A A A Accessory Accessory buildings ! j and uses A �A A �,A IA A !A A A A i A �A ,A i A '!A A A A A IA iA A A .A IA A A 9 -16 A: Allowed use. C: Conditional use. See Section 9 -2 -2 for administrative review procedures. ': Use prohibited. U: Use review. See Section 9 -2 -15 for use review procedures. G: Allowed use provided that it is located above or below the ground floor. M: Allowed use provided at least 50% of the floor area is for residential use and the nonresidential use is less than 7,000 square feet per building, otherwise use review. N: Allowed use provided at least 50% of the floor area is for nonresidential use, otherwise by use review. nla: Not applicable; more specific use applications apply. Section 8. Section 9 -16 -1, B.R.C. 1981, is amended as follows: 9 -16 -1 General Definitions. (a) The definitions contained in chapter 1 -2, "Definitions," B.R.C. 1981, apply to this title unless a term is defined differently in this chapter. (b) Terms identified with the references shown below after the definition are limited to those specific sections or chapters of this title: (1) Airport influence zone (AIZ). (2) Floodplain regulations ( Floodplain). (3) Historic preservation (Historic). (4) Inclusionary housing (Inclusionary Housing). (5) Residential growth management system (RGMS). (6) Solar access (Solar). (7) Wetlands Protection (Wetlands). (8) Signs (Signs). (c) The following terms as used in this title have the following meanings unless the context clearly indicates otherwise: "Accredited levee or orovisionally accredited levee" me ans a s ystem of artificial embankment or flood control structurc(s) used for property protection, flood control - and flood hazard mitigation that is accredited or provisionally accredited and mapped Zone X lshadedl by the Federal Emergency Management Agency (FEMA) under the National Flood htsurance Pr gram (NFIPI. (Floodnlainl K:TCAD10- 7926 Critical Facilities Ordinance 3rd Reading- 1190.doc "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. Such areas may be designated as Zones A, AO, AH, AE and Al -30 on the FIRM for the City of Boulder. (Floodplain) 0 t- risk_nonulalion' facility "means a are - school, public or lidvate primary or secondary schoo ! before and after school care center with twelve or more students daycare center with twelve or more children the parents or guardians of which do not remain in the same building of tht facility. groun home. or residential or congregate care facility with twelve or more residents. (Floodplain) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "Base flood elevation" means the computed elevation to which floodwater is anticipated to rise during the one hundred -year flood. (Floodplain) "Basement" means any enclosed area of a building having its lowest floor a minimum of two feet below grade level on all sides. (Floodplain) "Change in a watercourse" means any change in an existing thalweg, bed, or bank of a watercourse. (Floodplain) "Conveyance zone" means those portions of the floodplain required for the passage or conveyance of the one - hundred -year flood. The conveyance zone is delineated based on an equal encroachment methodology (measured in volume of water), which is applied to the floodplain from the edges of the flood channel to a point where the one - hundred -year flood profile will be raised no more than six inches, after considering a reasonable expectation of blockage at bridges and other obstructions by flood -borne debris. The City may, in its discretion, delineate the conveyance zone on city owned land or right of way based on unequal encroachment to minimize delineation on other properties. The conveyance zone is equivalent to a floodway delineation based on a six -inch rise. (Floodplain) "Crawl space" means the enclosed area contained inside the foundation walls and below the habitable floor of a structure. Crawl spaces having the lowest floor a minimum of two feet below grade level on all sides shall be considered a basement, and not a crawl space. (Floodplain) severe hazards to public health and safety or may interruut essential services and-opgiation&for the community at any time before. during, and after a flood. Critical facilities arc classified As K:\FCAn10- 7926 Critical Facilities Ordinance 3rd Reading- 1190Ldoc follows: tI1 essential services facility, f21 hazardous material facility, and f31 at -risk population facility. (Floodplainl EI "Daycare center" means a facility: (1) Licensed by the state, if applicable; (2) Providing care for children or adults who do not reside in the facility, are present primarily during daytime hours, and do not regularly stay overnight; and (3) Which may include some instruction. (4) Which is not located within a dwelling unit. "Daycare home" means a facility: (1) Licensed by the state, if applicable; (2) Which is located within a dwelling unit; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (3) Providing care for twelve or fewer children or adults who (except for family members) do not reside in the facility, are present primarily during daytime hours, and do not regularly stay overnight. Family members who receive care in the facility are included in the total. "Development" means any change to improved or unimproved real estate, including, without limitation, constructing, relocating, rehabilitating, reconstructing or expanding or enlarging (but not maintaining) a building or other structure or portion thereof, or establishing or changing a use, or mining, dredging, filling, grading, paving, or excavation. (Floodplain) "Essential service facility" m�a�ls�.pv f�ciljlyy oro�dp ati e ice that. if flooded, may result in severe hazards to public health and safety or intemlpt essential services and onerations ffQr the corrtmmn_ity at_atty tie before, during, or after a t7ood. F.xamnles of essential service facilities include without limitation the following: Public safety facilities such as police stations. fire and rescue stations. and emergency operation centers: f21 Emergency res once facilities_ such as emergency vehicle and enuinment storase_ and essential governmental work centers for continuity of government onerations: Q Emergency medical facilities, such as hospitals, emergency care, urgent care._aad ambcdance services. but gxchldn t, clinics. doctors offices. and non - urgent care medical facilities: 4) Shelters designated by the city manager that will be used during or after a flood for displaced persons: K\FCAp \o- 7926 Critical Facilities Ordinance 3rd Reading -] 190.duc. (5) Communication facilities, such as main hubs for telephone systems. main br adC,a ing et{tJ3ment for television systems. radio and other emergency arcing systems. but exchlding towers, poles. tines, cables. and conduits: (6) Public utility plant facilities and essential equipment for treatment. generation storage, pumping. and distribution. such as hubs for water, wastewater, power, and gas_ but excluding hydro electric facilities, towers, voles, power lines. buried pipelines. transmission lines, distribution lines, and service lines: (Zl— Essential governmental facilities including, without limitation. facilities where permanent records, as defined by an agency's data retention policy. are stored courts and jail.: buildu3g nennitting surd iusnection se vices: departments that manage utilities and transnottation systems: information technology departments. finance departments, and health departments: the county commissioner's office the city manager's office, and maintenance and equipment centers: and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (8) Air transportation lifelines, such as an airport or heliport, and stntctures serving emergency functions, and associated infi such as aviation control towers, air traffic control centers, and emergeneX egui2ment aircraft hangars. (Floodplain) "Exceptional hardship" means a substantially disproportionate burden in relationship to the benefit to be derived from conformance with the requirements of this title. (Floodplain) "Expansion or enlargement of a structure" means any addition of an exterior wall to the structure or any addition to the floor area of the structure, whether under, at, or above grade, and whether or not the external dimensions of the structure are changed, or the reconstruction of a flood - damaged portion of a structure, so long as such expansion, enlargement or reconstruction does not constitute a "substantial modification" or a "substantial improvement." (Floodplain) TEMA" means the Federal Emergency Management Agency. (Floodplain) "Five hundred -year flood" means a flood having a 0.2 nereent chance of occurriugi an ctu. (Floodplain) KAFCAD \o- 7926 Critical Facilities Ordinance 3rd Reading -I 190.doc "Flood" or "flooding" means a general or temporary condition of partial or complete inundation of normally dry land areas from a watercourse that temporarily overflows the boundaries within which it is ordinarily confined or from the rapid accumulation of runoff of surface water caused by rain, snow melt, flow blockage, or any other source. (Floodplain) "Flood channel" means a natural or artificial watercourse with a definite bed and banks which periodically or continuously conducts flowing water and is shown on the Flood Channel Inventory Map prepared by the City's Utility Division of the Public Works Department. (Floodplain) "Flood Insurance Rate Map (FIRM)" means the official map on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (Floodplain) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "Flood insurance study (FIS)" means the official report provided by the Federal Emergency Management Agency that included flood profiles, the Flood Boundary - Floodway Map, and the water surface elevations of the base flood. (Floodplain) "Flood profile" means a graph showing the elevations of the floodwater surface and the elevations of the underlying land as a function of distance along a path of flow. (Floodplain) "Flood protection elevation" means .... e € : (1) In the one hundred -year floodnlain, an elevation of -LAJ.tTwo feet above the elevation of the water surface of a one- hundred -year flood as determined pursuant to s 9 -3 -2 through 9 -3 -8, B.R.C. 1981, or, if no such elevation is determined, two feet above the highest grade adjacent to a structure-,*. or LUL -tTwo feet above the base flood elevation in AE zones or two feet above the flood depth number indicated for AO zones on the FIRM for the City of Boulder; whichever is higher. 2) In the five hundred -year flo dblain. the lower of the following elevations: One foot above the water surface of a fv flnnd -year flood under the standards in Sections 9 -3 -2 through 9 -3 -8 B R.C. ] 981 or B) The one hundred -year flood protection elevation. (Floodplain) "'Floodplain" means the area that is susceptible to being inundated by a flood. (Floodplain) 1C 7926 Critical Facilities Ordinance 3rd Reading- 1190.doc "Floodplain development permit" means any permit granted under the tetras and conditions of Ssections 9 -3 -2 through 9 -3 -8, B.R.C. 1981, for development on land in a floodplain. (Floodplain) "Floodplain, five hundred - year" means the area of the floodplain ipA indated by a flee having a 0.2 percent or greater chance of eeear-riag in any given year. (Floodplain) "Floodplain, one hundred - year" means the area of the floodnlain iaEHidateEt by a flood having a one percent or greater chance of eesttrF4ag in any given year. (Floodplain) "Floodprooftng" means any combination of structural and nonstructural changes, modifications, or adjustments to structures or real property which reduce or eliminate flood damage to improved or unimproved real property, water and sanitary facilities, structures and their contents. (Floodplain) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "Floodway, FEMA regulatory" means the channels of watercourses 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 foot. (Floodplain) "Hazardous material" means any material used, generated, or stored at a facility of a tune and in a quantity tltat would classify the facility as a hazardous materials facility. (Floodulahil "Hazardous material facility" means a structure (or group of structures) that is: (1) Subicct to Section 303 of the Emergency Planning and Community Right -to- now Act, 42 U.S.C. 511003. as amended from time to time, because it has an "Extremely Hazardous Substance" on site in quantities that meet or exceed the "Threshold Planning Quantities" established by the United States Environmental Protection Agency and listed at 40 C.F.R. Part 355- Appendix A and Aonaudix B. as may be amended from time to time: (2) Unless covered by subpart (1) above, storing hazardous material as defined by Department of Transportation regulations at 49 C.F.R. Parts 171 -180, as may be a ended frnrn time Yo time, but only to the extent that the facility is st 'in the hazardous material in the "Bulk Packaging" container in which it was delivered as that term is defined at 49 C.F.R. 171.8, as may be amended from time to time; (3) Storing a hazardous substance of the tyre and quantity listed by 529 -22 -107 C.R.S., as may be amended from time to time: or (4) Regulated as a transfer facility under Colorado hazardous waste regulations at G C.C.R. 1007 -3, Part 263. as maybe amended from time to time (Floodplain) "Hazardous substance" means any substance, as determined from time to time by the city manager pursuant to the rule making authority granted by Ssubsection 9- 3 -2(C), B.R.C. 1981, KAFCAD\o- 7926 Critical Facilities Ordinance 3rd Reading- 1190:doc that is flammable, radioactive, toxic, or explosive, and that in times of flooding could be released in sufficient quantities to be harmful to humans, animals, or plant life. (Floodplain) "High hazard zone" means those portions of the floodplain where an unacceptably high hazard to human safety exists defined as those areas where the product number of flow velocity (measured in ft. /sec.) times flow depth (measured in feet) equals or exceeds four, or where flow depths equal or exceed four feet. (Floodplain) "Hostel" means a facility for residence of under one month that provides simple dormitory or sleeping rooms and common rooms for cooking, meeting, recreational, and educational use; that is chartered or approved by the International Hostel Federation or its national or regional affiliates, or similar organizations; and that is supervised by resident house - parents or managers who direct the guests' participation in the domestic duties and activities of the hostel. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "Hotel/motel" means an establishment that offers temporary lodging in rooms, for less than one month, and may include a restaurant, meeting rooms, and accessory uses and services, including, without limitation, newsstands, gift shops, and similar incidental uses conducted entirely within the principal building but excludes a "bed and breakfast," as defined in this section. "Intended for human occupancy" means, as applied to structures, capable of and likely to be used for residential habitation, or for commercial, industrial or governmental occupation by persons on a regular basis. Examples of strictures normally not intended for human occupancy include, without limitation, garages useable solely for the parking of vehicles or storage, open air carwashes, unheated pavilions, porches or patio covers, crawl spaces, flood resistant enclosures useable solely for building access, barns and other agricultural buildings, garden storage sheds, ATMs, and mausoleums. (Floodplain) "Lodging facility" means a hotel, motel, dormitory. bed and breakfast, hostel, ern er'gency shelter and overnight shelter as defined in the Boulder Revised Code. {FloodDlainl "Lowest floor" means the lowest floor of the lowest enclosed area (including basement or crawl space). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable design requirements of Ssections 9 -3 -2 through 9 -3 -8, B.R.C. 1981. (Floodplain) K:\FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading -] 190.doc EI "Maintenance" means any activity undertaken to repair or prevent the deterioration, impairment or failure of any stream, previously constructed improvement or structure, including, without limitation the removal of sediment and debris, installation of erosion and sediment control devices and the replacement of structural components. Maintenance does not include expansion or enlargement of a stricture, substantial modifications, substantial improvements, total replacement of existing facilities or total reconstruction of a facility. (Floodplain) "Manufactured home" means 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." (Floodplain) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "Manufactured home park or manufactured home subdivision" means any lot or tract of land designed, used, or intended to provide a location or accommodation for one or more manufactured homes and upon which any manufactured home or homes are parked or located, whether or not the lot or tract or any part thereof is held or operated for profit, on which construction was completed on or after July 12, 1978. (Floodplain) "Mixed -use stmct re" means any structure with both residential uses and nonresidential uses where no less than twenty -five percent of the finished floor area contains nonresidential uses. (Floodplain) "Moveable object" means an item or material not anchored to the ground that is subject to being transported by water, including, without limitation, a manufactured home not anchored to a permanent foundation, a tank, a trash dumpster, lumber, and other materials, but not a motor vehicle. (Floodplain) "New construction" means structures for which the "start of construction" commenced on or after July 12, 1978, and includes any subsequent improvements to such structures. (Floodplain) "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, final site grading, or pouring of concrete pads) is completed on or after July 12, 1978. (Floodplain) IC\FCAD \o- 7926 Critical Facilities. Ordinance 3rd Reading- 1190.doe M "Nonresidential structure" means any structure or any portion of a stnwtufe used exclusively for, or designed as and capable of being used for, office, commercial, industrial, or governmental occupation or the tempnrary lodging of persons for periods of less than six months b ludine hotels, motels. emereencv shelters. and overnieht shelters but excluding dormitories. fraternities. and bed and breakfasts (Floodplain) "Obstruction" means any item or material not constituting a moveable object in, along, across, or projecting into the floodplain that might impede, retard, or change the direction of a flow of water, either by itself or by catching or collecting debris carried by such water, in a way that the city manager determines would increase the flood hazard to adjacent properties. (Floodplain) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "One hundred -year flood" means a flood having a one percent chance of occurring in any year. (Floodplain) "Residential structure" means any structure „_ any peA e f ° .. «_.,.t°., that is used for, or designed as and capable of being used for, the temporary or permanent domicile of persons for periods of six months or more including, without limitation, a dwelling, a boarding house, a dormitory, a fraternity, a bed and l t breakfasthe°,, a-arotel and similarly used structures. (Floodplain) "Reconstruction" means exact replacement of an existing structure or portion thereof or exact structural repair of a damaged structure. (Floodplain) "Recreational vehicle" means a vehicle which is: 1) built on a single chassis; 2) four hundred square feet or less when measured at the largest horizontal projections; 3) designed to be self - propelled or permanently towable by a light duty truck; and 4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (Floodplain) "Start of construction" means the date the building permit was issued, provided the actual start of construction, repair, reconstmetion, rehabilitation, addition, placement, or other improvement was within one hundred eighty 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 K:\FCAD\o-7926 Critical Facilities Ordinance Jtd Reading- 1190.doc 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. (Floodplain) "Structure" means a building or other roofed construction, a basement, a wall, a fence, a manufactured home, or a storage tank. (Floodplain) "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before - damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. (Floodplain) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "Substantial improvement" means any repair, reconstruction, rehabilitation, addition, or improvement of a structure, the cost of which equals or exceeds fifty percent 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. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the stricture. The term does not, however, include either: 1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or 2) any alteration of a structure listed on the National Register of Historic Places or the Colorado Inventory of Historic Places or designated as an individual landmark under Ssection 9 -11 -2, "City Council May Designate Or Amend Landmarks And Historic Districts," B.R.C. 1981. (Floodplain) "Substantial modification" means any expansion or enlargement of a stricture which equals or exceeds fifty percent of the floor area of the structure intended for human occupancy, considered cumulatively, commencing July 12, 1978. (Floodplain) Section 9. This ordinance shall become effective on the later of March 1, 2014, or 30 days after its final passage by the City Council. This ordinance shall apply to all permits and development applications submitted to the city after the effective date of its passage. Section. 10. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. K: \FCAD \o -7926 Critical Facilities Ordinance 3rd Reading- 1190.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 11. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 20 t1i day of August, 2013. Mayor Attest: Clerk - READ ON SECOND READING, AMENDED, AND ORDERED PUBLISHED BY TITLE ONLY this 17 day of September, 2013. Attest: Clerk - Mayor Ki\FCAD \o- 7926 Critical Facilities Ordinance 3rd Reading- 1190,doc 1 4 i 6 9 10 1t ]2 1 14 a5 16 17 18 19 20 21 22 23 24 25 READ ON THIRD READING, PASSED, ADOPTED, AND ORDERED PUBLISHED BY TITLE ONLY this _ day of OC-_�n (j' .2013. Mayor A ticst: Ctere- Ki'.FCADko-79 ?L Critical Facilities ordinance 3rd Reacting -! 190,doc