HomeMy WebLinkAbout04539 November 13, 1978 0 17
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ORDINANCE NO. 4539
AN ORDINANCE AMENDING TITLE XVII OF THE
1971 CODE OF ORDINANCES OF THE CITY OF
PUEBLO RELATING TO ZONING, ESTABLISHING
AND IDENTIFYING AREAS OF SPECIAL FLOOD
HAZARD, ADOPTING A DEVELOPMENT PERMIT
SYSTEM AND STANDARDS FOR DEVELOPMENT,
VARIANCES THEREFROM, AND PENALTIES. FOR
VIOLATIONS THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that: (Brackets indicate material to be deleted;
underscoring indicates material to be added.)
SECTION 1.
The City Council of the City of Pueblo hereby finds and
determines that:
(a) The flood hazard areas of the City of Pueblo are
subject to periodic inundation which results in loss of life
and property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures
for flood protection and relief, and impairment of the tax
base, all of which adversely affect the public health, safety,
and general welfare.
(b) These flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazards which increase
flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately flood -
proofed, elevated or otherwise protected from flood damage also
contribute to the flood loss.
SECTION 2.
It is the purpose of this ordinance and Chapter 9 of Title
XVII of the 1971 Code of Ordinances as herein set forth to promote
the public health, safety, and general welfare, and to minimize
public and private losses due to flood conditions in specific areas
by provisions designed:
(a) To protect human life and health;
(b) To minimize expenditure of public money for costly
flood control projects;
(c) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense
of the general public;
(d) To minimize prolonged business interruptions;
(e) To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard;
(f) To help maintain a stable tax base by providing for the
second use and development of areas of special flood hazard so
as to minimize future flood blight areas;
(g) To insure that potential buyers are notified that
property is in an area of special flood hazard; and,
(h) To ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
SECTION 3.
In order to accomplish its purposes, this ordinance and
Chapter 9 of Title XVII of the 1971 Code of Ordinances as herein
set forth includes methods and provisions for:
(a) Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion hazards, or
which result in damaging increases in erosion or in flood heights
or velocities;
(b) Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
(c) Controlling the alteration of natural flood plains,
stream channels, and natural protective barriers, which help
accommodate or channel flood waters;
(d) Controlling filling, grading, dredging, and other develop-
ment which may increase flood damage; and,
(e) Preventing or regulating the construction of flood bar-
riers which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
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SECTION 4.
Title XVII, Zoning, of the 1971 Code of Ordinances of the
City of Pueblo is hereby amended by the addition of the following
Chapter 9, which the City Council hereby finds and determines
meets and complies with the purposes of Section 2 and the methods
and provisions of Section 3 of this Ordinance and promotes the
public health, safety and general welfare,
"CHAPTER 9
FLOOD DAMAGE PREVENTION"
SECTION SUBJECT
17 -9 -1 Definitions
17 -9 -2 Application
17 -9 -3 Establishment Of Areas Of Special Flood Hazard
17 -9 -4 Penalties For Noncompliance
17 -9 -5 Greater Restrictions
17 -9 -6 Interpretation
17 -9 -7 Warning And Disclaimer Of Liability
17 -9 -8 Establishment Of Development Permit System
17 -9 -9 Designation And Duties Of The Administrative Official
17 -9 -10 Variance Procedure
17 -9 -11 Conditions For Variances
17 -9 -12 General Standards
17 -9 -13 Specific Standards
17 -9 -14 Mobile Homes
17 -9 -15 Floodways
17 -9 -16 Building Permit
17 -9 -1: DEFINITIONS
Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the meaning
they have in common usage and to give this Chapter its most
reasonable application.
(a) Appeal- -means a request for a review of the interpretation
by the Director of the Department of Zoning of any provision of this
Chapter or a request for a variance.
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(b) Area of special flood hazard - -means the land in the flood
plain within the City of Pueblo subject to a one percent chance of
flooding in any given year.
(c) Base flood - -means the flood having a one percent chance
of occurring in any given year.
(d) Development- -means any man -made change to improved or
unimproved real estate, including but not limited to buildings
or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations located within the area of
special flood hazard.
(e) Existing mobile home park or mobile home subdivision- -
means a parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale for which the con-
struction of facilities for servicing the lot on which the
mobile home is to be affixed (including, at a minimum, the
installation of utilities, either final site grading or the pouring
of concrete pads, and the construction of streets) is completed
before December 1, 1978.
(f) Expansion to an existing mobile home park or mobile
home subdivision - -means the preparation of additional sites by
the construction of facilities for servicing the lots on which
the mobile homes are to be affixed (including the installation
of utilities, either final site grading or pouring of concrete
or the construction of streets).
(g) Flood or flooding - -means a general and temporary condition
of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland waters and /or
(2) The unusual and rapid accumulation or runoff of
surface waters from any source.
(h) Flood Insurance Rate Map (FIRM) - -means the official
map on which the Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium
zones applicable to the City of Pueblo.
(i) Flood Insurance Study - -means the official report in which
the Federal Insurance Administration has provided flood profiles,
as well as the Flood Boundary - Floodway Map and the water
surface elevation of the base flood for the City of
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Pueblo dated July, 1972, as revised.
(j) Floodway- -means the channel of a river or other water-
course 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.
(k) Habitable floor - -means any floor usable for living
purposes, which includes working, sleeping, eating, cooking or
recreation, or a combination thereof. A floor used only for
storage purposes is not a "habitable floor ".
(1) Mobile home - -means a detached, single- family dwelling
unit with all the following characteristics: (a) designed for
a long -term occupancy and containing sleeping accommodation,
a flush toilet, a tub or shower bath and kitchen facilities,
and has plumbing and electrical connections provided for attach-
ment to outside systems; (b) designed to be transported after
fabrication, on its own wheels, on flatbed, other trailers or
detachable wheels; ¶(c) arrives at the site where it is to be
occupied as a complete dwelling and is ready for occupancy except
for minor and incidental unpacking and assembly operations, location
on foundation supports or jacks, underpinned, connections to
utilities and the like, (d) exceeding either eight (8) feet in
width or thirty -two (32) feet in length, excluding towing gear
and bumpers; and (e) is without motive power. It does not include
recreational vehicles or travel trailers.
(m) Mobile home park- -means an area under single ownership
of at least five (5) acres of land which has been so designated and
improved that it contains two (2) or more mobile home or travel
trailer spaces available to the general public for the placement
thereon of mobile homes or travel trailers for occu.ancy.
(n) Mobile home subdivision - -means a tract of land ten (10)
acres or more, which has been designed and improved in its entirety
in accordance with the City of Pueblo Subdivision Regulations and
the Zoning Ordinanceswhere mobile homes can be located on individually
platted and owned lots for dwelling purposes.
(o) New construction - -means structures for which the "start
of construction" commenced on or after December 1, 1978.
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(p) New mobile home park or mobile home subdivision - -means
a mobile home park or mobile home subdivisionarhich the construction
of facilities for servicing any space or the lot (including, at
a minimum, the installation of utilities, either final site grading
or the pouring of concrete pads, the construction of streets) is
completed on or after December 1, 1978.
(q) Start of construction - -means the first placement of
permanent construction of a structure (other than a mobile home)
on a site, such as the pouring of slabs or footings or any work
beyond the stage of excavation. Permanent construction does
not include land preparation, such as clearing, grading, and
filling, nor does it include the installation of streets and /or
walkways; nor does it include excavation for a basement, footings,
piers or foundations or the erection of temporary forms; nor
does it include the installation on the property or accessory
buildings, such as garages or sheds not occupied as dwelling units
or not as part of the main structure. For a structure (other
than a mobile home) without a basement or poured footings, the
"start of construction" includes the first permanent framing or
assembly of the structure or any part thereof on its piling or
foundation. For mobile homes within mobile home parks or mobile
home subdivision, "start of construction" is the date on which the
construction of facilities for servicing the site on which the
mobile home is to be affixed (including, at a minimum, the construction
of streets, either final site grading or the pouring of concrete
pads, and installation of utilities) is completed.
(r) Structure - -means a walled and roofed building, a mobile
home, or a gas or liquid storage tank, that is principally above
ground.
(s) Substantial improvement - -means any repair, reconstruction,
or improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure either:
(1) Before the improvement or repair is started, or
(2) If the structure has been damaged and is being
restored, before the damage occurred.
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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 structures.
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 a State Inventory of
Historic Places.
-(t) Variance -- means a grant of relief from the requirements
of this Chapter which permits construction in a manner that would
otherwise be prohibited by this Chapter.
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17 -9 -2: APPLICATION
This Chapter shall apply to all areas of special flood
hazards within the jurisdiction of the City of Pueblo.
17 -9 -3: ESTABLISHMENT OF AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering report
entitled "The Flood Insurance Study for the City of Pueblo,
Colorado ", dated July, 1972, with accompanying Flood Insurance
Rate Maps and Flood Boundary - Floodway Maps as revised April 2,
1976 are hereby adopted by reference, incorporated herein as if
set out herein in full, and declared to be a part of this Chapter.
The Flood Insurance Study is on file in the office of the Director
of the Department of Zoning.
17 -9 -4: PENALTIES FOR NONCOMPLIANCE
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with
the terms of this Chapter and other applicable ordinances and
regulations of the City. Violation of the provisions of this
Chapter by failure to comply with any of its requirements (in-
cluding violations of conditions and safeguards established in
connection with conditions or grants of variances) shall con-
stitute a violation of the 1971 Municipal Code of the City of
Pueblo. Any person who violates this Chapter or fails to comply
with an of its requirements shall upon conviction thereof be
punished as provided in Section 1 -2 -1 of the 1971 Code of Ordi-
nances of the City. Nothing herein contained shall prevent the
City of Pueblo from taking such other lawful action as is
necessary to prevent, enjoin, or remedy any violation.
17 -9 -5: GREATER RESTRICTIONS
This Chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. How-
ever, where this Chapter and other ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
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17 -9 -6: INTERPRETATION
In the interpretation and application of this Chapter,
all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the City; and,
(c) Deemed neither to limit nor repeal any other powers
granted under the constitution and laws of the State of Colorado.
17 -9 -7: WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this Chapter
is considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can and
will occur on rare occasions. Flood heights may be increased by
man -made or natural causes. This Chapter does not imply that
land outside the area of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages.
This Chapter shall not create liability on the part of the City,
any officer or employee thereof or the Federal Insurance Administra-
tion, for any flood damages that result from reliance on this
Chapter or any administrative decision lawfully made hereunder.
17 -9 -8: ESTABLISHMENT OF DEVELOPMENT PERMIT SYSTEM
(a) A Development Permit shall be obtained before construc-
tion or development begins within any area of special flood
hazard. Application for a Development Permit shall be made on
forms furnished by the Director of the Department of Zoning
and may include, but not be limited to: plans in duplicate
drawn to scale showing the nature, location, dimensions, and
elevations of the area in question; existing or proposed structures,
fill, storage of materials, drainage facilities; and the location
of the foregoing.
(b) The Application shall be submitted with the following
information:
(1) Elevation in relation to mean sea level, of
the lowest floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which
any structure has been floodproofed;
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(3) Certification by a professional engineer
or architect registered by the State of Colorado
that the floodproofing methods for any non-
residential structure meet the floodproofing
criteria in Section 17- 9- 13(b); and,
(4) Description of the extent to which any watercourse
will be altered or relocated as a result of proposed
development.
17 -9 -9: DESIGNATION AND DUTIES OF THE ADMINISTRATIVE OFFICIAL
(a) The Director of the Department of Zoning is hereby
appointed to administer and implement this Chapter by granting
or denying development permit applications in accordance with
its provisions.
(b) The duties of the administrative official shall include,
but not be limited to:
(1) Review all development permits to determine that
the permit requirements of this Chapter have been
satisfied.
(2) Review all development permits to determine that
all necessary permits have been obtained from those
Federal, State or local governmental agencies from
which prior approval is required.
(3) Review all development permits to determine if
the proposed development is located in the floodway.
If located in the floodway, assure that the encroach-
ment provisions of Section 17- 9 -15(a) are met.
(c) When base flood elevation data has not been provided in
the Flood Insurance Study, the administrative official shall
obtain, review, and reasonably utilize any base flood elevation
data available from a Federal, State or other source, in order
to administer Section 17 -9 -13.
(d) The administrative official shall:
(1) Obtain and record the actual elevation (in relation
to mean sea level) of the lowest habitable floor (in-
cluding basement) of all new or substantially improved
structures, and whether or not the structure contains
a basement.
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(2) For all new or substantially improved flood -
proofed structures:
(i) Obtain and record the actual elevation
(in relation to mean sea level) to which the
structure was floodproofed; and
(ii) Maintain the floodproofing certifications
required in Section 17- 9- 9(b)(3).
(3) Maintain for public inspection all records per-
taining to the provisions of this Chapter.
(4) Notify adjacent communities and the appropriate
State Agencies prior to any alteration or reloca-
tion of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration.
(5) Require that maintenance is provided within the
altered or relocated portion of said watercourse so that
the flood carrying capacit is not diminished.
(6) Make interpretations where needed, as to the exact
location of the boundaries of the areas of special
flood hazards (for example, where there appears to be
a conflict between a mapped boundary and actual field
conditions). The person contesting the location of
the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in Section
17-9-10(b).
17 -9 -10: APPEAL AND VARIANCE PROCEDURE
(a) The Zoning Board of Appeals shall hear and decide
appeals and requests for variances from the requirements of
this Chapter.
(b) The Zoning Board of Appeals shall hear and decide
appeals when it is alleged there is an error in any requirement,
decision, or determination made b the administrative official
in the enforcement or administration of this Chapter; provided,
that written request for such appeal and hearing specifying the
grounds therefor shall be filed in the office of the administra-
tive official within fifteen days after the date of the alleged
error, decision, or determination of the administrative official
which is being appealed.
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(c) Those aggrieved by the decision of the Zoning Board of
Appeals, the City, or any owner of property in the area of special
flood hazard, may appeal such decision to the Pueblo County
District Court, as provided in Section 17 -5 -36.
(d) In passing upon application for variances, the Zoning
Board of Appeals shall consider all technical evaluations, all
relevant factors, standards specified in other sections of this
Chapter, and:
(1) The danger that materials may be swept into
other lands to the injury of others;
(2) The danger to life and property due to flooding
or erosion damage;
(3) The susceptibility of the proposed facility and
its contents to flood damage and the effect of such
damage on the individual owner;
(4) The importance of the services provided by
the proposed facility to the community;
(5) The necessity to the facility of a waterfront
location, where applicable;
(6) The availability of alternative locations for the
proposed use which are not subject to flooding or erosion
damage;
(7) The relationship of the proposed use to the
comprehensive plan and flood plain management program
of that area;
(8) The safety of access to the property in times of
flood for ordinary and emergency vehicles;
(9) The expected heights, velocity, duration, rate
of rise, and sediment transport of the flood waters
and the effects of wave action, if applicable, expected
at the site; and,
(10) The costs of providing governmental services
during and after flood conditions, including maintenance
and repair of public utilities and facilities such as
sewer, gas, electrical, and water systems, and streets
and bridges.
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(e) Upon consideration of the factors of Section 17- 9 -10(d)
and the purposes of this Chapter, the Zoning Board of Appeals
may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this Chapter.
(f) The administrative official shall maintain the records
of all appeal actions, including technical information, and report
any variances to the Federal Insurance Administration upon
request.
17 -9 -11: CONDITIONS FOR VARIANCES
(a) Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of one -half
acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level,
providing all matters in Section 17- 9 -10(d) have been fully
considered. As the lot size increases beyond the one -half acre,
the technical justification required for issuing the variance
increases.
(b) Variances may be issued for the reconstruction, rehabil-
itation or restoration of structures listed on the National
Register of Historic Places or a State Inventory of Historic
Places, without regard to the procedures set forth in the remainder
of this Section.
(c) Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood
discharge would result.
(d) Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(e) Variances shall only be issued upon:
(1) A finding by the Flood Hazard Advisory Committee
of good and sufficient cause;
(2) A determination that failure to grant the variance
would result in exceptional hardship to the applicant;
and
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(3) A determination by the Zoning Board of Appeals
that the granting of a variance will not result in
increased flood heights, additional threats to
public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or
ordinances.
(f) Any applicant to whom a variance is granted shall be
given written notice describing the property and stating that the
structure will be permitted to be built with a lowest floor
elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation. A copy of
said notice shall be recorded in the Pueblo County Clerk and
Recorder's Office by the administrative official.
(g) Upon the receipt of a written application for a variance,
the administrative official shall schedule a hearing thereon before
the Flood Hazard Advisory Committee and shall immediately give
notice of the time and place of hearing to said Committee and the
applicant. The hearing shall be held no more than 30 days after
receipt of said application. The applicant shall present evidence
relating to and the Committee shall find and determine whether
good and sufficient cause for the variance exists and whether
the failure to grant the variance would result in exceptional
hardship to the applicant. The Committee shall within ten (10)
days after said hearing make and submit their findings in writing
to the administrative official who shall give notice and schedule
a hearing on said application before the Zoning Board of Appeals
in accordance with the notice and provisions of Section 17- 5- 33(b).
The members of the Flood Hazard Advisory Committee shall be
appointed by resolution of the City Council. The Committee shall
consist of seven (7) persons who shall each be appointed for a
term of four (4) years; except that three members shall be
initially appointed for two years and four members shall be
initially appointed for four years so that the terms thereafter
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shall be staggered. The Committee shall be composed of two
owner - occupants of residential property located in areas of
special flood hazard, two owner - occupants of property other than
residential property located in areas of special flood hazard,
one licensed general contractor, one insurance agent familiar with
the flood insurance program, and the Director of Public Works
or his authorized representative.
17 -9 -12: GENERAL STANDARDS
In all areas of special flood hazards the following standards
are required:
(a) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse, or lateral movement
of the structure.
(b) All mobile homes shall be anchored to resist flotation,
collapse, or lateral movement by providing over - the -top and
frame ties to ground anchors. Special requirements shall be
that:
(1) Over - the -top ties be provided at each of the
four corners of the mobile home, with two additional
ties per side at intermediate locations, with mobile
homes less than 50 feet long requiring one additional tie
per side;
(2) Frame ties be provided at each corner of the
home with five additional ties per side at intermediate
points, with mobile homes less than 50 feet long
requiring four additional ties per side;
(3) All components of the anchoring system be
capable of carrying a force of 4,800 pounds; and,
(4) Any additions to the mobile home be similarly
anchored
(c) All new construction and substantial improvements shall
be constructed with materials and utility equipment resistant
to flood damage and using methods and practices that minimize
flood damage.
(d) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters
into the system. New and replacement sanitary sewage systems
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shall be designed to minimize or eliminate infiltration of flood
waters into the systems and discharge from the systems into flood
waters. On -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
(e) All subdivision proposals shall: (1) be consistent
with the need to minimize flood damage; (2) have public utilities
and facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage; (3) have
adequate drainage provided to reduce exposure to flood damage; and
(4) be submitted with base flood elevation data.
17 -9 -13: SPECIFIC STANDARDS
In all areas of special flood hazards where base flood
elevation data have been provided in the Flood Insurance Study
or pursuant to Section 17- 9'- 9'(c)', the following standards are
required:
(a) New construction and substantial improvement of any
residential structure shall have the lowest floor, including
basement, elevated to or above base flood elevation.
(b) New construction and substantial improvements of any
commercial, industrial or other nonresidential structure shall
either have the lowest floor, including basement, elevated to
the level of the base flood elevation; or, together with attendant
utility and sanitary facilities, shall:
(1) Be floodproofed so that below the base flood level
the structure is watertight with walls substantially
im•ermeable to the passage of water;
(2) Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
(3) Be certified by a professional engineer or
architect registered by the State of Colorado
that the standards of this subsection are satisfied.
Such certifications shall be furnished to the adminis-
trative official.
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17 -9 -14: MOBILE HOMES
(a) Mobile homes shall be anchored in accordance with
Section 17-9-12(b).
(b) For new mobile home parks and mobile home subdivisions;
for expansions to existing mobile home parks and mobile home
subdivisions; and for existing mobile home parks and mobile home.
subdivisions where the repair, reconstruction or improvement of
the streets, utilities and pads equals or exceeds 50 percent of
the value of the streets, utilities and pads before the repair,
reconstruction or improvement has commenced; the following are
required:
(1) Stands or lots are elevated on compacted fill
or on pilings so that the lowest floor of the mobile
home will be at or above the base flood level;
(2) Adequate surface drainage and access for a hauler
are provided; and,
(3) In the instance of elevation on pilings, that:
lots are large enough to permit steps, piling founda-
tions are placed in stable soil no more than ten feet
apart, and reinforcement is provided for pilings more
than six feet above the ground level.
(c) No mobile home shall be placed in a floodway, exce.t
in an existing mobile home park or an existing mobile home
subdivision.
17-9 -15: FLOODWAYS
(a) Encroachments, including fill, new construction,
substantial improvements, and other development are prohibited
within a floodway unless a technical evaluation demonstrates
that encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge and unless
all new construction and substantial improvements in a floodway
shall comply with Sections 17 -9 -12 or 13.
(b) The placement of any mobile homes, except in an
existing mobile home park or existing mobile home subdivision,
is prohibited in a floodway.
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17 -9 -16: BUILDING PERMIT
No building permit shall be issued for any development in
areas of special flood hazards by any official of the City under
any provision of the 1971 Code of Ordinances of the City until
the administrative official shall first issue a Development
Permit therefor.
SECTION 5.
The provisions of this Ordinance and Chapter 9 of Title XVII
hereby adopted are severable, and if any provision, sentence,
clause, section, or part thereof is held illegal, invalid, or
unconstitutional or inapplicable to any person or circumstance,
the illegality, invalidity, unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, sentences,
clauses, sections or parts of this Ordinance and Chapter 9 of
Title XVII or their application to other persons or circumstances.
It is hereby declared to be the intent of the City of Pueblo that
this Ordinance and Chapter 9 of Title XVII would have been adopted
if such illegal, invalid or unconstitutional provision, sentence,
clause, section or part had not been included therein, and if
the person or circumstances to which the same or any part thereof
is inapplicable had been specifically exempted therefrom.
SECTION 6.
This Ordinance and Chapter 9 of Title XVII hereby adopted
shall immediately become effective upon final passage.
INTRODUCED November 13 , 1978
By MIKE SALARDINO
Councilman
APPROVED:
President o the Council
-ATTEST":
f it Clerk
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CITY Y O LO COLORADO
CITY ATTORNEY 127 WEST FIRST NATIONAL BANK BLDG
PUEBLO .COLORADO 81003
TO: Members of the City Council and City Manager
FROM: City Attorney
RE: Proposed Flood Damage Prevention Ordinance
DATE: October 24, 1978
The attached proposed ordinance relating to construction
and development in flood hazard areas is modeled after the
Flood Insurance Administration's Guide for Ordinance Develop-
ment (June 1978, HUD - 481- 4 -FIA) and should be acceptable to
the Flood Insurance Administrator.
The ordinance does not rezone any property located in
areas of special flood hazard as was proposed in the initial
ordinance. Instead, the ordinance establishes special flood
hazard areas as identified by the Federal Insurance Administra-
tion and creates a Development Permit system for future con-
struction and development in flood hazard areas.
The ordinance does not restrict the present use of land
or structures located in areas of special flood hazard but
does require the issuance of a Development Permit for future
uses and development including substantial improvement with
floodproofing (repair, reconstruction, or improvement of a
structure the cost of which exceeds 50% of the market value of
the structure).
The concept of non - conforming uses of land and structures
has been eliminated from the ordinance. The variance procedure
of the first ordinance is incorporated into the proposed ordi-
nance including the Flood Hazard Advisory Committee composed in
part of residents and owners of property in flood hazard areas
who will determine that good and sufficient cause exists for a
variance. The Zoning Board of Appeals is charged with the final
decision to either issue or not issue a variance based upon the
criteria set forth in the ordinance.
COLORFUL SOUTHERN COLORADO
1,
MEMORANDUM Page 2
The following procedure should be followed in enacting the
j.
proposed ordinance:
1. The ordinance should be presented to the Planning and
Zoning Commission for their consideration and after public hear-
ing the Commission should submit their recommendation to City
Council prior to final adoption.
2. Prior to final adoption, the ordinance and Flood Insur-
ance Study for the City of Pueblo should be sent to the appro-
priate state agency for its concurrence.
3. The ordinance should be placed on Council's agenda for
its first meeting in November 1978 for first presentation.
Thomas E.
City Atto ey
TEJ /tw
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