Loading...
HomeMy WebLinkAbout04539 November 13, 1978 0 17 • 4 ' +y 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. -2- 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. -3- (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 -4- 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. -5- (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. -6- 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. -6(a)- 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. -7- 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; -8- (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. -9- (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. -10- (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. -11- (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 -12- • (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 -13- 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 -14- • 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. -15- 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. -16- 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 rP -17- Y -41% . 8c..+4'- n' ' � '' "'d , rr. isl`.� ';; t'� 4vad #'4 '� '4 s , y n �' ilk C�n rc,en., nJ' R x�r .h, a .,*a '� .� ; a ,d 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 m •