HomeMy WebLinkAbout1978 Ordinance No. 002~-: .
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I TRODUCE S A BILL BY COUNCILMAN SMITH.
BY AUT HORITY
ORDIN ANC E NO. 2 , SERIES OF 1978.
ORDINANCE REPEALING ANO RE-ENACTING CHAPTER 22.48, AND AMENDING
PTER 22.8 ENTITLED, 'FLOOD PLAIN(FP)', ANO 'DEFINITIONS'
SPECTIVELY , RELATING TO THE IDENTIFICATION OF AREAS OF S P ECIAL
Y£J D HAZARD; AND ADOPTING BOUNDARY MAPS THEREFOR; PRO HIBI T ING
ERT IN USES ANGEROUS TO LIFE AND PROPERTY WITHIN SAID AREAS;
S'l'RICTI G USES HAZARDOUS TO .fo PUBLIC HEALTH; REQ UIRING THOSE :
USES PE RMITTED IN FLOOD PLAIN:: DISTRICTS TO BE PROTECTED AGAINST
FLOODS BY FLOOD PROOFING; REGULATING THE DESIGN AND METHOD OF
CONSTR UCTI ON OF ALL STRUCTURES WITHIN SAID DISTRICT AND GENERALLY
TO PROTECT T HE PUBLIC FROM THE BURDEN OF EXTRAORDINARY FINANCIAL
EXPENDITURES IN A MANNER CONSISTENT WITH REASONABLE FLOOD PLAIN
MANAGEMENT AND TO PRESERVE THE WATER CARRYING CHARACTERISTICS
AND CAPAC ITIES OF WATER COURSES BOTH NATURAL AND ARTIFICIAL FOR .
TH E CONVEYANCE OF STORM AND FLOOD WATERS;
N W, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
TH E CITY OF ENGLEWO OD, COLORADO, as follows:
Section l .
/ That Chapter 22.4B of the Comprehensive Zoning Ordinance,
(Ordin a nce No. 26, Series 1963 as amended) is hereby repealed and
e-enacted to rea d as follows:
S22.4B-l Legislative Purpose and Intent
To promote the ptthlie hea lth, safety and welfare OF
THE PUB LIC, to minimize flood lo sse s in areas subject to flood
ha zards: and to promote wise use of the flood plain, this zone
district has been established to regulate the uses within the
100-yea r flood plain. with the !o!iowing pttrpo~ce ~n~cnded.
THE AREAS OF SPECIAL FLOOD HAZARD ARE INDENTIFIED BY THE FEDERAL
IN SURANC E ADMINIST RATION ON FLOOD HAZARD BOUNDARY MAPS AND
F 000 IN SURANCE RATE MAPS, WHICH MAPS ARE ON FILE IN THE
ENGLEWOOD CITY HALL IN THE OFFICE OF THE CITY CLERK. BY ADOPTING
T HIS ZONE DISTRICT, THE FOLLOWING PURPOSES ARE INTENDED:
(a) To reduce the hazard of floods to life and
property through:
(1) Pro hibiting certain uses which are
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dangerous to life or property in time of
flood: ·
(2) Restrict 'ng uses whi c h would be hazardous
to the pub lic health in t ime of flood;
(3) Restri c ting uses which are particularly
susceptible to flood damage, so as to alleviate
hardship and reduce demands for public expenditures
for relief and protection;
(4) Requiring permitted flood pla in uses, in-
cluding public facilities which serve suc h uses,
to be p rotected against floods by providing flood
proofing and general flood pro tec tion at t h e
time of initia l construction.
(b) To protect flood plain occupants from a flood
which is or may be caused by their own, or other, land use
and which is or may be undertaken without full realizat~on of
the danger, through:
(1) Regulating the manner in which structures
designed for human occup ancy may be constructed
so as to prevent danger to huma n life within
such structures;
(2) Regulating the method of construction of
water supp ly and sanitation systems so as to
preve nt disease, contamination a nd unsanitary
condi ions;
(3) Delineating and describing areas that could
be inundated by flood so as to protect i ndividuals
f rorn purchasing flood plain lands for purposes
wh"ch are no in fact suitable.
(c) To protect the public from the b urden of extra-
o rdinary financial expenditures for flood control and relief by
regulating al l uses within the flood plain areas so as to produce
a me thod of constr uct i on and a pattern of deve lopme nt which will
minimize the probability of damage to property and loss of life
or injury to the inhabitants of the flood hazard areas.
(d) To protect the natural areas required to convey
flood flows so that they develop in a manner consistent with
reasonabl flood plain management •
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(e) To pro tect and prese rve the water-carry i ng
r c eri i ~ a nd capacities o f all wa t e r courses, including
i ch s, slo ~ s , and a rtificial wa t e r channel s u s e d for the
c ~ ey nc o s orm an flood ater .
Defi nitions
(Se e S22 .8)
£2.4B-3 ene ra l Provisions
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( ) Descri ion o f Distric t . The Flood Plain
Dis tr ·ct cove rs t a rea of the City whi c h is wi thin t h e 100-
Y ~ flood pl a in, hi ch is de fi ned by comput i ng the 1 0 0 -year
flood pla in lim its u nder ex isting channel and flood pl ai n con-
d ons.
(b) Jurisdicti on. T~e jurisdiction of this Zone
Dist ict i n c ludes a ll lan ds adjacent to any watercour se within
the City of Englewoo,d that would be innundated by the lOO~year
l o od f or th at wa terc ours e a s de f i n e d in the Definitions Section
of this Ch pter .
e Bettn ar · s. ~h e b ettnd ariee ef the P!ood Plain
B~ rie h i i be s t y a ppear on Bening Maps en f iie in the
l annin! Bepartme n t • Phe b ottn ary l i nes on the map eha!i be
de rm i ned y t he tt e 0 £ the s eaie appearin! on the Map. Where
here is een£liet b e ween the b ettndary iinee iiittetrated en
M p and e tttai £'eld e endi tions 7 the dispttte ehaii be settled
r ~ ~~.3 B-~7 4 Mappi n g Bi sptttes a of this €hapte r.
(C) FL P LAIN DISTRI CT BOUN DAR I ES. T HE BOUNDARIES
0 THE FLOOD PLAI DI STRI CT SHALL BE IDENTICAL TO THE AREAS OF
PECIAL FLO OD HAZA IDEN TIFIED BY THE FE DERAL I NS URANCE AD-
I ISTRATIO ON THE F LO OD HAZARD BOU NDARY MAPS FOR THE CITY
OF E GLEWOOD, COLORADO , SHEETS H-01 THRO UGH H-04, AND THE F LOOD
S RANCE RATE MAP S FOR THE CI1Y OF E NGL EWOO D , COLORADO, I-01
THROUGH I-04 , DATED J UNE 24 , 1977. THE FLOOD HAZARD BOUNDARY
PS A D FLOO D INSU RA CE RAT E MAPS PREPARE D BY THE FEDERAL IN-
S RA CE ADM! IS T RAT I ON , ARE HEREBY DEC LA RED TO BE A PART OF
HIS ORD ! A 'C E, A D T HE OF FICIAL MAPS S HAL L BE ON FILE IN THE
F ICE OF THE CI T Y CL E RK, ENG LEWOOD CITY HALL, 3400 SOUTH
ELATI STREET , EN GLEWO D , COLORADO.
~d ~ !£ t he e de ra i i n sttranee Administrator has net
vided w a~e r sttr£aee eiev a e ~e n d ata a nd has nee provided en
b ~~e ef avaiiab~e i n ~e~ma~ie n 7 daea e~~f ieient eo identify
f loedway a rea a l ong the wa~ereettrse within the eity· and
dat · net avaiiab l e7 the £el iewing Meaettree ehaii appiy~
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iit (d) Applications for Building Permits shall be re-
iew d on a s e-by-case basis by the Flood Plain Zoning Ad-
mi nist ra tor to assure :
iat(l) Tha t the b u ilding site will be reasonably
safe r om flooding. and
(2) THAT ALL NECESSARY PERMITS HAVE BEEN OB-
TAINED FROM THE FEDERAL, STATE OR LOCAL GOVERN-
MENTAL AGENCIES FROM WHICH PRIOR APPROVAL IS
REQ IRED .
iht(3) That where the building site is in a
location that may have a flood hazard, all new
construction and substantial repairs, improvements,
or alterations will be flood-proofed in accordance
with the minimum flood-proofing criteria speci-
fied in §22. 48-7 (e) (1:).
(e) Interpretation. In their interpretation and
application, the provisions of this Chapter shall be held to
be minimum requiremen t s and shall be liberally construed in
vor of the gove rning body .
(f) Warning and Disc la imer of Liability. The
d egree of flood protection intended to be provided by this
Chapter is considered reas on able for regulatory purposes and
is based on engineering and scientific methods of study.
L arger floods may occur on occasions, or the flood height may
be increased by man-made or natural causes, such as ice jams
and bridge openings restricted by debris. This Chapter does
ot imply that the area s outs ide of t he flood plain area
boundaries or land uses permitted within such areas will always
be to ally free from fl o oding or flood damages. Nor shall
there be lia ility on the part of , or a cause of action against,
the Ci ty of Eng lewood o r any officer or employee thereof for
n o od damages that may res~lt fr om reliance on this Chapter.
(g) Effect of Flood Plai n R gulations. The regula-
ions set forth in this Chapter for the Flood Plain District,
h 11 app ly to those lands within the 100-year flood plain as
apped and des ignated on an THE official FLOOD HAZARD BOUNDARY
"\AP A D THE FLOOD INSURANCE RATE MAP. Bening Hap and eha%% he
id nd e£ no e££eet *n areas net 90 mapped and designated~
The regulation s of this Chapter shall be construed as being
supplemen ary to the regulations imposed on the same lands by
the underlyi ng Zon e cl as sification. When the Flood Plain
District and the underlying Zone District regulations conflict
w h one another , the most restrictive regulations shall control
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' , • '1 n-'! s p c . a 1 pr 0 v ; : . i ll.<> •
"'i ng r gu l , t ·on · s hall appl y to . 1 1i. "'S
l I 11 h Jnd Pla in Di st ··ct 11ol wi lh ::;landin c Lh a . 1 I 11·ty s p " Y 1 ' ·m · t tcd u n d e r the terms of this
(a )
cor · pon d
"I<lood P of '
The flood pr ot tjon e l e vation or h ight shal l
~ oint one foot (l') above the elevation or
" s hown on or attache d to t he Zoning Map.
{ 7 No st r ttettl re1 whet her temporttry or permttnent;
l di ng fi i f or roftd~ ~nd ievee~; depo~it; obstrttction~
0£ m a~er±al~; or oth er £iood piain ttse~ which aeting
r in eom bin1t ~o fi with exi~tin~ o~ £tttttre f lood plftin
h l be p~ mitt d thttt adverse iy 9££ee~~ ~h e ef f ieieney
"t y 0£ the £loodway or inerett~e~ £leod heights or
f e~~ ~he ~t ora~e capacity o4 the £lood plttitt ~
~s~t:tJttption thtt~ there wiii he ftft e q ttai de~ree o~
~t fl in~ ~or a significttn~ .reeeh on bo~h sides·
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(b) -{e~ No f lood p~ain uses shall adversely affect
h nc y of, r unduly restrict the capacity of ~h&··
A Y l ann ::_i ~ £loodwft ys ~any ~ribtttftries tributarY to ·
h e ANY mai n stream, drainage ditch~, or any other drainage
e"l i~ faci litY or s ystems; NOR SHALL ANY WATERCOURSE
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TERED OR RESTRICTED UNLESS THE FLOOD PLAIN ZONING AD-
TRATO R IS ASSURED THAT THE FLOO D CARRYING CAPACITY OF
TE R OURS E SHALL BE MAINTAINED •
(c ) Ne S~RBe~HRB SHAbb BB PERMi~~EB fN ~HE Fb88B-
U T IL A RE GUL AT ORY FLOODWAY IS DESIGNATED, IT MUST
DE 0 STRATE D THAT THE CUMULATIVE EFFECT OF THE PROPOSED
DE ELOP ENT, WHE N COMBINED WITH ALL OTHER EXISTING AND ANTICI-
PA TE D DE ELOPME NT, WILL NOT INCREASE THE WATER SURFACE ELEVATION
OF T HE BA E FL OOD MORE THAN ONE FOOT AT ANY POINT, DEFORE ANY
'E CO STRUCT ION, SUBSTANTIAL I MPR OVEMENTS OR O'IBER DEVELOPMENT,
I· L DI G Fl L , IS PE RMITTED WI THIN ZONES Al -A30 AS SHOWN ON
HE FHB V IR •
§22 .4D-5 Dcs crip ion of Uses.
(a) P e rmitted Uses. The following open uses shall
e pe r mitted within the Flood Plain District to the extent
tha t they are not proh ib ited in a particular area by any under-
1 ing Zone Dis trict cla s sification:
(1) Agricultural uses such as: general farming
and the raising of plants, flowers and nursery
stock;
(2) Public and private recreational uses not
requiring permanent or temporary structures
design e d for human habitation such as: Parks,
s wimming areas, golf courses, driving ranges,
picnic grounds, fishing, and hiking and biking
trails .
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(3) Utility facilities such as: flowag e areas ,
tr n mi s sion lines, pipelines, water monitor ing
devices , roadways, and bridges.
(4) All use s allowed by the underlying Zone
Distr i ct classification within the Flood Plain
District shall be permitted as long as the
condit i o ns set forth in Section 22.4B-6, Spe~ia%
Bxeep ·on DEV ELOPMENT Permits, are complied
with .
Any use enumerated in this Section may be permitted
only upon pplication to the Bireeter ef Planning and the ieettanee
o a Sp eiai Exeeptien Perinit by the eity Planning and· Bening·
e mlft i ss ' n FLOOD PLAIN ADMINISTRATOR .as provided in S22.4B-7(d),
Process to be Fol lowed for Speeia~ Exeep~ion DEVELOPMENT Permits.
(a ) Structures Accessory to Open Uses. ·structures
accessory to open u~es permitted in Section 22.4B-S, Description
of Uses, whether temporary or permanent, may be permitted only
upon a determination by the eity Planning and Bening ee!ft!ftissien
ADMINISTRATO R pursuant to a find 'ng under the procedure required
by Sec ion 22.4B-7(d), Process t o be Followed for Speeiai BMeep-
tion DEVELOPME NT ermits , that:
(1) St ructures wi ll not be designed for human
h abi ation;
(2) St r uctures will have a low flood damage
potential;
(3) The structure or structures, if permitted,
will be constructed and placed on the building
sit e s o as to offer the minimum obstruction to
the flow of flood waters;
(a) Whe never possible, structures will
be c onstructed with the longitudinal axis
aralle l to t he direction of flow of flood
w ers , a nd
(b) So far as is practicable, structures
will be p l aced so that their longitudinal
axis are approximately on the same line as
t ho se of adjoining structures.
(4) Structures will be firmly anchored to prevent
the structure or building from floating away and
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thus threatening to further restrict bridge openin gs
and other restricted sections of the stream or
river; and
(5) Serv ice fac ilities such as electrical equip-
men t wil l be at or above the flood protection
elevat i on f or the particular area.
(6) STRUCTURE S W~LL BE CONSTRUCTED WITH MATERIALS
AN D UT ILITY EQUIPMENT RESISTANT TO FLOOD DAMAGE.
(b ) Other Structures or Permanent, to be
Occup i ed by People. Ot er structures, whether temporary or
rm nent, which are to be occupied by people, may be permitted
on ly upon a f inding by the eity Planning and Boning €oft\ft\ieeien
FLO OD PLAIN ADMINISTRATOR that:
(1) Such structures shall comply with Section
(a) ( 3 ) , '( 4 ) , ( 5) AND J!L above •
(2)° The first floor or basement floor of any
structu re to be erected, constructed, reconstructed,
or moved on or within the Flood Plain DISTRICT
ae 5hown en an e££ieia! Bening Map; shall be
constr u cted at or above a point one (1) foot
above the 100-year flood elevation for the
part ic ular area a nd the fill shall extend at
such e l e vati o n at least fifteen (15) feet be-
y ond the limits of any structure or building
erecte d thereon.
(3 No basement shall be permitted in any
r sidential struc ture.
(c) Fills or Deposition of Materials. Fil l · or
deposi tion o f mater 'als may b e permi tted only upon a finding
b y the e i Pianni g and Sonin,g €oft\ft\is!l1:on ADMINISTRATOR that:
(1) Any fill o r deposition of materials will
comp y with Section 4, Special Provisions, and
(2) The fill or deposition of materials will
have some beneficial purpose and the amount there-
of will not be greate r than is necessary to
achieve that purpose, as demonstrated by a plan
submitt ed by the owner showing the final dimensions.
of the proposed fill or other material .and the
use to which the filled land will be put1
(3) The fill or deposition of materials does
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n t < ll<'ro:i ·h n that p rt ion of ·he tJ oo d plain
\\Ii i, h \11111 ld 11 .1 J :>i g11 .i fica11fl :llld l l'l'<;1•1Jtible
JJ JW d uring th e flood, nn d which fo Lh a t re ason
would h lp c o nv y th flood wat rs . Jil , ar di tion-
::\1 r · l·n r uuces the J ydraulic capaci ty a nd re-
quires appropriate hydraulic studies and a r vie w
of th urb n ·mpact of such reduction.
(4 ) The fi ll or other mat erials will be protected
against ro ion by rip-rap, strong ve geta tive
ov r r bulkh adi ng.
(d) ~ag e or Processing of Materials. The
or of ma C rial s that are b uoya nt, flamm a ble,
me f flooding , could be inj ur ious to human,
"fc, fttt d sha ll be e~ or abo v th e f ood p ro-
v. t" n for the particular area or f l oo d proofed in
. th i~Hh-4B -;t -(e7-(lt §22 .4B-8 FLOOD PfiOOFING, eon-..
he d -te Spe -ifti. Exception Permits. Solid waste :.
a ilities , such as junkyards or areas for the dumping ·
of r fuse or he storage of non-operable v e hicles 'shall not be
p r mittcd.
_hl MOBILE HOMES.
(1) ALL NEW OR RF . I l'I :.EMENT MOBILE HOMES PJ.,ACED
WITHIN 1'::X ISTING OR NEW MOBILE HOME PARKS OR SUB-
DIVISIONS AFTER TH E EFFECTIVE DATE OF THIS ORDINANCE,
SHALL BE ANCHORED TO RESIST FLOTATION, COLLAPSE,
OR LA TERA L MOVEMENT BY PROVIDING OVER-THE-TOP
AND FR IE TIES AS FO LLOWS:
(a) OBI LE 110 1ES
(LESS THAN 50
E .. T L G.)
.. (b) .10 ILE HO ES
(GREATER
T H 5 0 E ET
LO G.)
OV .R-THE-TOP TIES
3 PER SIDE (ONE AT EACH
OF T HE OUR CORNERS PLUS
NE ADDITIONAL TIE PE R
SIDE )
4 ER SIDE (O NE AT EACH OF
THE FOUR CORNERS PLUS TWO
ADDITIONAL TIES AT INTER-
.MEDI TE LOCATIONS.)
FRAM E TIES
6 PER SIDE (ONE
AT EACH CORNER
PLUS FOUR ADDITIONAL
TIES PER SIDE.)
7 PE R SIDE (ONE
AT EACH CORNER
PLUS FIVE ADDITIONAL
TIES PER SIDE AT
INTERMEDIATE LO-
CATIONS.)
(c) ALL COMPONENTS OF THE ANCHORING
SYSTEM SHALL BE CAPABLE OF CARRYING A
FORCE OF 4 1 800 POUNDS, AND MANUFACTURER'S
SPECIFICATIONS OF THE COMPONENTS TO BE
USED IN THE ANCHORING SYSTEM SHALL BE SUB-
MITTED TO THE ADMI NISTRATOR TO DEMONSTRATE
C01PL IA NCE WITH TIIIS REQUIREMENT.
(d) ANY ADDI TI ONS TO THE MOBILE HOME SHALL
BE SIMILA LY ANCHO RED.
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(2) AFTE R THE EF.FE T I E D.t\'fE O.F TH IS ORDINANCE,
ALL EW H BJLE 110M ~ l nK AND ,.1on 1L A 11 .\lE s us-
t rs J NS A D A LI... EX l S'f] 1G ~iOBILE HOJ\1 ~ PARK S AND
I IHLE II 1E .· JHJ) VIS ! NS WJl CH ARE EX 11A1 F.D, OR
I \', H ~H PA HKS R sunn1v I SIONS THE RE PA IR' 1 E -
0 STRU TI N R IMPROVEMEN T OF THE STRE ETS,
!LIT ES AN D 1 DS EQ UALS OR EXCEEDS 50 P HCEN'f
O F TJI VAL UE EFOH E THE REPAIR, RECONSTRUC TION
OR MPR OV 1ENT HAS COMMENCED, SHALL COMPLY WITH
THE FOLLO W! G:
(A) STA NDS OR LOTS SHALL BE ELEVATED ON
CO .IPA CT ED 1''ILL OR ON PILING SO THAT THE
L E "f 1''LOOR OF '11IE MO DILE HOME WILL BE
AT OR AB VE TH E BASE FLOOD LE VEL;
(B) ADEQUATE SURYACE DRAINAGE AND ACCESS
1" R A HAULER SHALL DE PROVIDED; AND,
(C) IN THE INSTANCE OF ELEYA'flON ON
P LINGS : ··· ":
--LOTS SHALL BE LARGE ENOUGH TO PERMIT
STEPS,
--PIL NG F t JH > l'IONS SHALL BE PLACED IN
STABLE SOIL NO MORE THAN TEN FEET APART;
AN D
--REINFOR EMENT SHALL BE PROVIDED FOR
PILIN GS MOR E THAN SIX FEET ABOVE THE
UNO L EV EL.
(3) 0 l>10B ILE HOM E SHALL BE MAINTAINED FOR
T 1PORARY OR PERMANENT LIVING PURPOSES UPON
ANY PRIVATE OR PUBL IC PROPERTY IN THE CITY OF
ENGLEWOO D, COLORAOO , UNLESS THE PROPERTY IS
REG T .RE D AS A MOB ILE HOME PARK.
(4) THE CITY SHALL ESTABLISH AN EVACUATION
P FOR MOBILE HOME PARKS AND FILE THE SAME
ITH THE APPROPRIATE DISASTER PREPAREDNESS
AUTHO !TIES.
(f) Similar Uses. Uses very similar in nature to
uses may be allowed by the €i~y P~enning end ~onin~
ion LOOD PLAIN ADMINISTRATOR, provided that they are
con sisten t ith the provisions of this Chapter.
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22. B-7 Adm 'n· t ration.
. (a) Flood Plain Benin' Administrator. The Director
oe i nn~ CO MMU NI TY DE VELOPMENT or his assignee shall aeminis~e r
BE T E FLOOD PLAI ADMINISTRATO R AND SHALL ENFORCE the provisions
o t hi Chapter.
(b) Fl ood Pl a in Zoning Permit. A F lood Plain Zoning
it mus be obta ined fr om the Flood Plain Bening Administrator
f o re a Building Permit can be issued for any use subject to
e provisions of this chapter AND BEFORE ANY WATERCOURSE CAN
BE ALTERE OR RELOCATED. IN THE EVENT OF AN APPLICATION RE-
UESTI G AN ALTERATION OR RELOCATION OF A WATERCOURSE, ALL AO-
JAC T COMMUNITIES AND THE STATE COORDINATING OFFICE SHALL BE
NOTIFIED PRIOR TO ANY ACTION. COPIES OF SAID NOTIFICATION
SHALL BE SUBMITTE D TO THE FLOOD INSURANCE ADMINISTRATION.
(c) Mapping Disputes. The following procedure
shal l be used by the eity Planning eftd Boning eelftlftissien FLOOD
PLA IN ADMINISTRAT OR.in deciding contested cases in which the
location of a FLOOD PLAIN District boundary is disputed:
(1) In all cases the person contesting the
location of the District boundary shall be
given a reasonable opportunity to present his
case to the €eftUft*ssien ADMINISTRATOR and to
submit his own technical evidence if he so
desires. The €eftUftiss*en ADMINISTRATOR shall
not allo w deviations from the boundary line
as mapped unless the evidence clearly and con-
clusively establishes that the mapped location
of the line is incorrect.
(d) Proces s to be Followed for Speeiai Bxeeptien
DEVELOPME T Permits .
(1) Applicatio~ For . Any use listed in this
Chapter as requ iring a Speeia~ Bxeep~ien DEVELOP-
MENT Permit may be allowed only upon application
to the Bi reetor e£ Planning and the issuance of
a S~eeiai Bxee~tien DEVELOPMENT Permit by the
€ity Planning and Sening €eftUftission FLOOD PLAIN
ADMINISTRATOR.
(2) Procedure for Passing on Speeiai Bxeeptien
DEVELOPME NT Permits. .
(a) Upon receiving an application for a
Speeiai Bxeeption DEVELOPMENT Permit in-
vol v ing the use of fill, construction of
structures, or storage of materials, the
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€01'1\J'l\i~sion ADMINISTRATOR shall require the
applicant to submit the following:
(1) Two (2) copies of an aerial
photog raph of the area, or a plan
certified by a registered engineer
competent in open channel hydraulics,
which accurately locates the flood
plain proposal with respect to the
District limits, channel of THE stream,
existing flood plain developments, to-
gether with all pertinent information
such as the nature of the proposal;
legal description of the property;
fill limits and elevations; building
floor elevations; and flood proofing
measures.
(2) If it is deemed necessary by the
eelftlftiesion tha~ ~hey ADMINISTRATOR TO
have the elevation of the effects of
the proposal upon flood flows and flood
plain storage in order to render a
decision on the proposed flood plain
use, the €olftl'ftission ADMINISTRATOR may
require the applicant to furnish the
following additional information:
(a) A typical valley cross-section
showing the channel of the stream,
the flood plain adjoining each
side of the channel, cross-sectional
area to be occupied by the proposed
development and high water informa-
tion.
(b) Plan (surface view) showing
elevation or contours of the ground;
pertinent structure, fill or storage
elevations; size, location and
spatial arrangernent ·of all proposed
a nd existing structures on the site;
location and elevations of streets,
water supply, sanitary facilities,
and soil types and other pertinent
information .
(c) Profile showing the slope of
the bottom of the channel or thalweg
of the stream.
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2 2.4B-8
(<i) p i.fjcati on-f< r building
c on s t1·uct.i on and rna t el'i a l s , flood
proofing, filling, dr f • g i ng,
gra d ing , ch. nncl im pr 1·m n t,
s tor a ge of materials, wnt r s np ply,
a nd s anitary facilities.
3 ) De cision of €om.mission ADMINISTRATOR to b e
h s don C rt a ·n Factors. The determination of
-th e € IlUtt i s:i:on ADMINISTRATOR on each Speeie:l: Ex-
~p-"h-i-oft DEVELO MENT Permit sha 11 be b as ed on the
ef f c ts of the p r oposed project with respect to
the objectives and purposes of this Chapter as
sa t d i n the Statement of Purpos e, Scctjon 22.4D-1(a)
{l ), (2), (3), and (4).
(4) The €om:mis~ion ADMINISTRATOR shall act on
a n application in the manner above described
with i n 30 days from receiving the application.·.
(e ) Conditions Attached to Speeiftl EMeep ti oH DEVELOP-
1E NT Permits. Upon consideration of the factors listed
abo ve and the purposes of this Chapter, the eity Piftnnin~
and ·~on±ng eommissfon FLOOD PLAIN ADMINISTRATOR may
SHA LL attach · such condition, in addition to those re-
qui red by the Spee±ei: TH~VEI.OPMENT Permit, as 'i:~ deems
IS ne c essary in fnrthering TO FURTHER the purposes
o t his Ch a pter. Such conditions may include specifica-
io ns f o r, without limitation because of specific enumera-
i n, modi f i c ation of waste disposal methods and facilities,
1 ndscapi ng, p e riod of op ration, operational controls,
s ur i ti es , d cd r stric tion, and adequate flood proofing.
(a ) ALL NEW CONSTRU CT ION AND SUBSTANTIAL IMPROVEMENTS
'O -RESIDENT IAL STRUCTURES WITHIN ZONES Al-A30 ON THE FHBM/FIRM
'IJICH NOT HAVE IIE LOWF.ST F L R, INCLUDING BASEMENT, ELEVATED
TO OR ABOVE THE BASE FLOOD LEVEL SHALL BE FLOOD PROOFED.· ALL
LOOD PROOFED STRUCT RES, TOG ETHER WITH ATTENDANT UTILITY AND
S ITARY FA IL I T I ES, HALL BE SO DESIGNED TIIAT BELOW THE BASE
LOOD EVEL, THE STR UCT URE IS WATER TIGHT WITH WALLS SUBSTANTIALLY
I PER 1E LE TO T HE P ASSAGE 0 WATER AND WITH STRUCTURAL COMPONENTS
HAVING HE CAPAB ILI T Y OF RESIST ING HYDROSTATIC AND HYDRODYNAMIC
LOAD S D EFFECTS OF BUOYANCY. The €oPAlftissieft ADMINISTRATOR
11 r equire that th e applicant submit a plan or document
rt i fie d by a r e gistered professional engineer that the flood
roofing mea s ur e s are onsi st ent with the flood protection
l e va ion fo r t h e parti c ular area.
( ) F L OOD P ROO FING 1EASURES SH.Ahn MAY INCLUDE THE
FO L LOWING:
-(et (1) An c hor age to resist flotation and
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lateral movement.
~bt(2) Installation of watertight doors,
bulkheads and shutters.
~et(3) Reinforcement of walls to resist
water pressures.
idt(4) Use of water-proof paints, membranes
or mortars to reduce seepage of water
through walls.
~et(S) Addition of mass or weight to struc-
tures to resist flotation.
ift(6) Installation of pumps to lower water
levels in structures.
~gt(7) Construction of NEW AND REPLACEMENT
water supply and waste treatment
systems to prevent the entrance of
flood waters INTO THE SYSTEM AND TO
PREVENT DISCHARGES FROM THE SYSTEM
INTO FLOOD WATERS •
~ht(8) Pumping facilities for subsurface
drainage systems for buildings to
relieve external foundation wall and
basement floor pressures.
iit(9) Construction to resist rupture or
collapse, caused by water pressure
or floating debris.
~jt(lO) Cutoff valves on sewer lines or the
elimination of gravity flow basement
drains.
~kt(ll) ON-SITE WASTE DISPOSAL SYSTEMS SHALL
BE LOCATED TO AVOID IMPAIRMENT TO THEM
OR CONTAMINATION ·FROM THEM DURING
FLOODING .
S22.4B-9 C rtifica te of Compliance.
(a) No vacant land shall be occupied or used and
no building shall be hereafter erected, altered, or moved on
h flood plains of any water course, nor shall such buildings
b occupied, until a Certificate of Compliance shall have been
i s ed by the Bireetor-e£-P%anning FLOOD PLAIN ADMINISTRATOR.
(b) The applicant shall submit a certification by
reg 'stered professional engineer to the Biree~er e! P~anning
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• FLOO D PLAIN AD MINISTRATOR that the finished fill and buildin g
o elevat'on , flood proofing measures, or other protection
c ors we re ccomplished in complinace with the provisions of
.is Ch apter . THIS CERTIFICATION SHALL ALSO STATE WHETHER OR
~~T THE STRU CTU RE CONTAINS A BASEMENT. Within ten days after
receipt of such c ertification from the applicant, the Biree~er
£ Planning ADMINISTRATOR shall issue a Certificate of Compliance
n ly 'f the building or premises and the proposed use thereof,
r~. fo rm with all of the requirements of this Chapter, AND SHALL
I TAIN A PERMANE NT RECORD THEREOF.
S2 2.4B-10 Ame ndments
The boundaries of the Flood Plain District shall be
subject to periodic review ey ~he eiey P~anning and Bening eom-
i sien and shall be amended in the manner provided by law, to
conform with any revised, corrected or additional hydrological
data available from Federal, State · or regional agencies or from
a consluting engineer retained by the City.
S22.4B-ll on-Conforming Uses.
• Existing Non-conforming Uses in the Flood Plain Dis-
•
trict may be mo dified, altered, or repaired to incorporate
floodproofing meas ures; but such Non-conforming Uses shall not
be expanded. ~e reated-by-0rd.-No.-3~7 -Series-e£-%9~!t
S22.4B-12 SUBDIVISION PLATS.
(a) ALL SUBDIVISION PROPOSALS SHALL BE DESIGNED TO
I !MIZE FLOOD DAMA GE;
(b) ALL SUBDIVISION PROPOSALS SHALL HAVE PUBLIC
UTILITIES A D FACI LITIES SUCH AS SEWER, GAS, ELECTRICAL, AND
ATER SYSTEMS LOC ATED AND CONSTRUCTED TO MINIMIZE FLOOD DAMAGE;
(c) ALL SUBDIVISION PROPOSALS SHALL HAVE ADEQUATE
D. I AGE PROVIDED TO REDUCE EXPOSURE TO FLOOD DAMAGE; AND,
(d) BASE FLOOD ELEVATION DATA SHALL BE PROVIDED
FOR SUBDIVISION PROPOSALS AND OTHER PROPOSED DEVELOPMENT WHICH
CONTAIN AT LEAST 50 LOTS OR 5 ACRES WHICHEVER IS LESS.
S22.4B-13 VARIANCE PROCEDURE
A. APPEAL BOARD
(1) THE BOARD OF ADJUSTMENT AND APPEALS AS
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EST AB LISHED BY THE CITY OF ENGLEWOOD, SHALL HEAR
AND DECIDE APPEALS AND REQUESTS FOR VARIANCES
FROM THE REQUIREMENTS OF THIS ORDINANCE.
(2 ) THE BOARD SHALL HEAR AND DECIDE APPEALS WHEN
IT IS ALLEGED THERE IS AN ERROR IN ANY REQUIREMENT,
DECISION, OR DETERMINATION MADE BY THE FLOOD PLAIN
ADMI NISTRATOR IN THE ENFORCEMENT OR ADMINISTRATION
OF THIS ORDINANCE.
(3) TH OSE AGGRIEVED BY THE DECISION OF THE BOARD
OF ADJUSTMENT AND APPEALS, OR .ANY TAXPAYER, MAY
APPE AL SUCH DECISION TO A COURT OF RECORD HAVING
JURISDICTION THEREOF.
(4) IN PASSING UPON SUCH APPLICATIONS, THE BOARD
SHALL CONSIDER ALL TECHNICAL EVALUATIONS, ALL
RELEVANT FACTORS, STANDARDS SPECIFIED IN OTHER
SEC TIONS OF THIS ORDINANCE, AND:
(a) THE DANGER THAT MATERIALS MAY BE SWEPT
ONTO OTHER LANDS TO THE INJURY OF OTHERS;
(b) THE DANGER TO LIFE AND PROPERTY DUE TO
FLOODING OR EROSION DAMAGE1
{c) THE SUSCEPTIBILITY OF THE PROPOSED
FACILITY AND ITS CONTENTS TO FLOOD DAMAGE
AND THE EFFECT OF SUCH DAMAGE ON THE
INDIVIDUAL OWNER1
(d) TH E IMPORTANCE OF THE SERVICES PROVIDED
BY THE PROPOSED FACILITY TO THE COMMUNITY;
(e) THE AVAILABILITY OF ALTERNATIVE LOCATIONS,
FOR THE PROPOSED USE WHICH ARE NOT SUBJECT
TO FLOODI~G OR EROSION DAMAGE;
(f) THE COMPATIBILITY OF THE PROPOSED USE WITH
EXISTING AND ANTICIPATED DEVELOPMENT; .
(g) THE RELATIONSHIP OF THE PROPOSED USE TO
THE COMPREHENSIVE PLAN AND FLOOD PLAIN
MANAGEMENT PROGRAM FOR THAT AREA;
(h) THE SAFETY OF ACCESS TO THE PROPERTY IN
TIMES OF FLOOD FOR ORDINARY AND EMERGENCY
VEHICLES;
(1) THE EXPECTED HEIGHTS, VELOCITY, DURATION,
RATE OF RISE, AND SEDIMENT TRANSPORT OF
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THE FLOO D WAT ERS AND TIJ J EFFECTS OF
WAVE ACTION, IF APPJ.J , nL ... , EXPECTE D
AT THE SITE; A N D,
(j) THE COSTS O~, HOVI DING GOVER NME l'AI
S ER VICES DURING AND A1'1ER FLOOD NDI-
TlONS, INCLUDING MAINTENANCE AND RE -
PA IR OF PUBLIC UTILITIES AND FACILIT IES
SUCH AS SEWER, GAS, ELECTRICAL, AND
WATER SYSTEMS, AND S T REET S AND BRIDG ES .
(5) VARIANCES MA Y BE ISSUED FOR NEW CONSTRUCTION
AND SUBSTANTIAL IMPROVEMENTS TO BE ERECTED ON A
LOT OF ONE-HALF ACRE OR LES S IN SIZE CONTIGUOUS
TO AN D SU RROUNDED BY LOTS wrrn EXI STING STRUCTURES
CO S'l'RUCTED BELOW THE BASE :F'LOOD LEVEL, PROVIDING
IT MS (a-j) IN §22.4B-13(4) HAVE BEEN FULI-'Y CON-
SIDERE D. AS THE LOT SIZE INCREA SE S BEYOND THE
ONE -HALF ACRE, THE TECHNICAL JUSTI:F'ICATION RE.:.
QUIRED FOR ISSUING THE VARIANCE INCR EASE S.
(6) UPON CONSIDERATION OF THE FACTORS OF §22.4B-13
(4) AND THE PURPOS E S OF THIS ORDINANCE, 1'HE BOARD
OF ADJUSTMENT AND APPEALS MAY ATTACH SUCH CONDITIONS
TO THE GRANTING OF VARIANCES AS IT DEEMS NECESSARY
TO FURTHER THE P Rr0~F,S OF THIS ORDINANCE • .
(7) THE FLOOD PLAIN ADMINISTRATOR SHALL MAINTAIN
THE RECORDS 0 F ALL APPEAL ACTIONS AND REPORT ANY
VA RIANCES TO THE FEDERA L INS RANCE ADMINISTRATION
PON RE .VEST.
B. CONDITION S FOR VARIANCES.
(1) VARIANCES MAY BE ISSUED 1'--0R THE RECONSTRUCTION,
REHABILITATION OR RESTORATION OF STRUCTURES LISTED
ON THE NATIONAL REGISTER OF HISTORIC PLACES OR THE
STATE INVENTORY OF HISTORIC PLACES, WITHOUT REGARD
TO THE PR OCEDU RES SET FORTH IN THE REMAINDER OF
THIS SECTION.
~at VARIAN €E S 6HAbb Ne~ BE iSSBEB-Wi~HiN AN¥
ES fGNA~EB Fb80BWAV.
(2) VARIANCES SHALL ONLY BE ISSUED UPON A DETER-
MINAT ION THAT 'IlIE VARIANCE IS THE MINIMUM NECESSARY,
CO SIDERING TiiE FLOOD HAZARD, TO AFFORD RELIEF.
(3) VARIANCES SHALL ONLY BE ISSUED UPON:
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o n 2.
(a) A SHOWI NG OF GOOD AND S UFrl C I ENT CAUSE:
(b) A DE TE RMINATI ON 'fllAT FAILU ' F 'fO GRANT
TJI E VARIA N 'E W UL O RE SUL T I F 'l.t;P rIONJ\L
II1'HDS ll I P 'l'O 'fJIE APPLI ANT; A D
(c) A DETERMINATION 'fIJAT TJIE GHANT I NG OF A
VARIANCE WILL NO'i' RESULT IN INCREA S ED
FLOOD HEIGHTS, ADDITIONAL THREATS TO
PUBLIC SA¥ETY, EXTRAORDINARY PUBLIC
EXPE NS E, CREATE NUISANCES, CAUSE FRAUD
ON OR VICTIMI~A'l'ION OF THE PUBLIC AS
IDENTIFIED IN §22.48-13(4), OR CONFLICT
WITH EXISTING LOCAL L AWS OR ORDINANCES.
(4) ANY APPLICANT TO WHOM A VARIANCE IS GRANTED
TO BUILD THE LOWEST FLOOR ELEVATION BELOW THE
BAS E F LOOD ELEVATION SHALL BE GIVEN WRITTEN NOTICE
THAT T HE COST OF FLOOD INSURANCE WILL BE COMMENSURATE
WI H TIIE INCREASED RISK RESULTING FROM THE REDUCED »
OV EST FLOOR ELEVATION.
Tha t Chapt e r 22.8 of the Comprehensive Zoning Ordinance
(Ord . h26 , S ries of 1963, as am n rk d) is hereby amended by add-
j ng n w ef"n i tions as follows:
§2 2 .8 EF INITIONS
~PPE AL: A REQUEST FOR A REVIEW OF THE BUILDING INSPECTOR'S
R THE LOOD PL AIN AD 1INISTRATOR' S INTERPRETATION OF ANY PROVISION
OF TH I S RD A CE OR A REQUEST FOR A VARIANCE THERETO.
_ R_f~A OF _SPECIAL 1',LOOD HAZARD: THE LAND IN THE FL.OOD
LAI \!Till THE CITY OF ENGLEWOOD WHICH IS SUBJECT TO A ONE
P RCENT OR GRE ATE R CHANCE OF :FLOODING IN ANY GIVEN YEAR.
B S E F LOOD: THE FLOOD HAVING A ONE PERCENT CHANCE
F BE J G EQUALLE D OR EXCEEDED IN ANY GIVEN YEAR.
Chan nel: A natural or artificial watercourse of
p rceptibl te nt, with definite bed and banks to confine and
uct con ·nu ou s ly or periodically flowing water. Channel
hus i th at water which is flowing within the limits of
d ·ncd ha nnel.
DEVE LOP ME NT: ANY MAN-MADE CHANGE TO IMPROVED OR UNIMPROVED
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ESTATE, INCL UDING· BUT NOT LIMITED TO BUILDINGS OR OTHE R
'CTURES, MINI G, DREDGING, FILLING, GRADING, PAVING, EXCAVATION
DRILLING 0 T IONS LOCATED WITHIN THE AREA OF SPECIAL FLOOD
H ~ RD .
En croachme nt Lines: The limits of obstruction to flood
lows. These lines are genera lly parallel to the stream. The
nes a re establis hed by assuming that the.area landward (out-
e ) of the encroachment lines may be ultimately developed in
s u c h a way that it will not be available to convey flood flows.
T e stream channe l and adjoininq flood plains between these
l ines will be maintained as open space and will be adequate
to convey the 10 0-year flood without adversely increasing one
(1) oot.
Equal Degree of Encroachment: The deqree of encroachment
established by considerlnq the effect of encroachment on the
hydraulic efficiency of the flood plain along a significant
reach of the stream on both sides.
' EXISTING MOBILE HOME PARK: A MOBILE HOME PARK EXISTING
WITHIN THE CITY OF ENGLEWOOD ON THE EFFECTIVE DATE OF THIS
ORDINANCE OR EXIST ING ON THE DATE OF ANNEXATION WITHIN TERRITORY
EXED TO THE CITY OF ENGLEWOOD SUBSEQUENT TO THE EFFECTIVE
D TE OF THIS ORDINANCE.
EXPANSION TO AN EXISTING MOBILE HOME PARK: THE PREPARATION
OF ADDITIONAL MOB ILE HOME SPACES OR THE CONSTRUCTION OF FACILITIES
FOR SERVICING THE MOBILE HOME SPACE ON WHICH THE MOBILE HOMES
ARE TO BE AFFIX ED, INCLUDING THE INSTALLATION OF UTILITIES,
FINAL SITE GRAD ING OR POURING OF CONCRETE PADS OR THE CONSTRUCTION
OF STREETS.
Flood: The water from a river, stream, watercourse, lake
or other body of sta nding water that temporarily overflows or
inundates adjace nt lands and wh ich may affect other lands and
act ivi ies through stage elevation backwater, and/or increased
ground water level •
FLOOD INSURA NCE RATE MAP (FIRM) : THE OFFICIAL MAP ON
W ICH THE FEDERAL INSURANCE ADMINISTRATION HAS DELINEATED
BOTH THE AREAS OF SPECIAL FLOOD HAZARDS AND THE RISK PREMIUM
ZO ES APPLICABLE TO THE CITY OF ENGLEWOOD.
FLOOD INSURA NCE STUDY: THE OFFICIAL REPORT PROVIDED BY
.THE FEDERAL INSU RANCE ADMINISTRATION THAT INCLUDES FLOOD PROFILES,
THE FLOOD BOUND ARY-FLOODWAY MAP AND THE WATER .SURFACE ELEVATION
OF THE BASE FLOO D •
Flood Plain : The relatively flat or lowland area adjoining
a i ver, stream , watercourse, lake, or other body of standing
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r Whi c h h:l . h "nor may he cov r d t ·mporarny l>y flo d
hn· :l d1 lini ~;ft ·a iv 1 u r 1 ~··!·,UL fl•nd 1 l :1 i n n1ay 1>•
h :l • Ji. t would be · nundat d by lh c '" .nn d::ird
d" (C ,ps of En ~j ncc rs ) or h "M aximum · )l a bl e
>d Pla ·n Di stric t: That po,t· n of th e fl o d
1 l ; 1 11 s uhj jnu-ndlltf o n ___ by the 100-y n r fl o d. Its w idth
.,J n i ng
r m·nc d by the 100 -y ar f lood. Its leng th or reach is
d by n · t u ·a 1 hounds u ch as a 1 a k , r by po 1 · tic a 1
un ds . T his equals t he intcrm d "a tc r giona l f lood
l>y the orps of Engi ne ers.
c o v n
file: A •raph or lon gi tudi na l profile
''lat i ns hip of the wa tcrs urfa ce 1 v ation of a
l o L tion along a stream or riv e r~
ro ofin : Any combination of s t ru ctural and
no additions, changes, or adjustments to prop ert i~s
n ~t ruct ures , prima ri ly for the reduction or elimination of
loo damage to lands, water, and sanitary facilities, structures,
a nd on n s of buildings.
lood Protection Elevation: An elevation one (1)
foot a ov e he elevation or "flood profile" of the 100-year
lood un er xisting channel and flc od plain conditions. It
(1) foo t above the elevation of the flood for the ~lood
o·stric t as s lown on the Flood Ha zar d Bound ar y Map/Flood ·
Rat e Map for Englewood, Colorado •
r f rre
h c cva
ba 11.ks .
Fl d St ~: The h ight or cl vation of a flood as
o me datum. It is also c ommonly us e d to ref e r to
o n at which a stream will overtop its normal stage
oodw a 7 ~hat portion o4 the Flood Plftift B4:s~¥ie~
he rea~onebie pfts~ft~e or cottveyttn ee o~ ~he 190-
~ni s -is ~h e ftrea 0£ ~i~nifieftnt depths ttfld veloe!:ties
ra ion ~ottld he civen ~o ef fee~s of f~ll7 loss
·onal f low area, ftftd resttlting iHe¥eeeed-water
HABITABLE FLOOR: ANY FLOO R USABLE FOR LIVING PURPOSES,
CLUO 'S WO RKING, SLEEPING, EATING, COOKING OR RECREATION,
CO BI A ION THE REOF. A FLOOR USED ONLY FOR STORAGE PUR-
S IS A "HABITABL E FLOOR".
0 ILE HOME: A DETACHED, SINGLE RESIDENTIAL DWELLING
U T llf ICH HA S ALL OF THE FOLLOWING CHARACTERISTICS:
(A) IT IS DES IGNED FO R LONG-TERM OCC UPANCY AND CONTAINS
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A FLUSH TOILET, TUB OR SHOWER BATH, KITCHEN FACILITIES,
AND SLEEPING ACCOMMODATIONS.
(B ) IT IS DESIGNED TO BE TRANSPORTED AFTER FABRICATION
ON ITS OWN WHEELS, ON A FLATBED OR OTHER TRAILER.
(C) IT ARRIVES AT THE SITE WHERE IT IS TO BE OCCUPIED
AS A DWELLING COMPLETE, INCLUDING MAJOR APPLIANCES
AND FURNITURE, AND READY FOR OCCUPANCY EXCEPT FOR
MINOR AND INCIDENTAL UNPACKING AND ASSEMBLY OPERATIONS,
LOCATION ON JACKS OR OTHER SUPPORTS, CONNECTION TO
UTILITIES, AND THE LIKE.
DOUBLE-WIDE OR TRIPLE-WIDE MOBILE HOME: A MOBILE HOME
CONSIS TI NG RESPECTIVELY OP TWO OR THREE SECTIONS COMBINED
HORIZO NTALL Y AT THE SITE TO FORM A SINGLE DWELLING, WHILE
STILL RET AINING THEIR INDIVIDUAL CHASSIS FOR POSSIBLE FUTURE
MOVEMEN T .
EXP AND ABLE MOBILE HOME: A MOBILE HOME WITH ONE OR MORE
ROOM SECTIONS THAT FOLD, COLLAPSE, OR TELESCOPE INTO THE
PRINC I PA L UNI T WHEN BEING TRANSPORTED AND WHICH CAN BE EXPANDED
AT THE SITE TO PROVID E ADDITIONAL LIVING AREA.
MOB ILE HOME PARK: A TRACT OF LAND EITHER IN SINGLE OWNER-
SHIP OR DIVIDE D I NTO BLOCKS AND/OR LOTS WHICH MAY BE IN SEPARATE
OWN ERS HI P, WHI CH HAS BEEN DEVELOPED WITH ALL NECESSARY FACILITIES
AN D SERVICES I N ACCORDANCE WITH A SITE DEVELOPMENT PLAN, MEETING
AL L OF THE REQU IREME NTS OF THIS ORDINANCE AND WHICH IS INTENDED
FO R THE EXPRESS PURPOSE OF PROVIDING A SATISFYING LIVING EN-
VIRONMENT FOR MOBILE HOME RES IDENT S ON A LONG-TERM OCCUPANCY
BASIS.
MOBILE HOME SP ACE : A PLOT OF GROUND WITHIN A MOBILE HOME
PARK, DESIGNED FOR THE ACCOMMODA T ION OF ONE MOBILE HOME.
NEW CONSTRUCTI ON: STRUCT URES FOR WHICH THE START OF
GONSTRUCTIO COMMENCE D ON OR AF TER THE EFFECTIVE DATE OF THIS
ORDINANCE.
NEW MOBILE HOME PARK: A MOBILE HOME PARK FOR WHICH THE
CON STRUCTION OF FACILITIES FOR THE MOBILE HOME SPACES OR FOR
SERVICING THE MO BI LE HOME SPACES, INCLUDING BUT NOT LIMITED TO,
THE INSTALLATION OF UTILITIES, FINAL SITE GRADING, .THE POURING
OF CONCRETE PAD S AN D THE CONSTRUCTION OF STREETS IS COMPLETED
ON OR AFTER THE EFF ECTIVE DATE OF THIS ORDINANCE •
Reach: A hydraulic eng i neering term to describe longi-
tudinal segment s of a stream or r iver. A reach will generally
include the segment of the flood plain where flood heights are
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.
primarily controlled by man-made or natural flood plain obstruc-
tions or restrictions. In an urban area, the segment of a stream
or river between two consecutive brldge crossings would most
likely be a reach .
MOBILE HOME PARK -START OF CONSTRUCTION: THE DATE ON
WHICH THE CONSTRUCTION OF FACILITIES FOR SERVICING THE SITES
ON WHICH THE MOBILE HOMES ARE TO BE AFFIXED, INCLUDING BUT
NOT LIMITED TO THE CONSTRUCTION OF STREETS, FINAL SITE GRADING,
POUR ING OF CONCRETE PADS, AND INSTALLATION OF UTILITIES IS
COMMENCED.
Riprap: A facing of masonry or the like for protecting
an embankment. Riprap shall consist of field stone or rough
unhewn quarry stone as nearly rectangular as is practicable.
Broken concrete masonry or concrete .pavement may be used if
approved by the Director of Public Works. The stone shall
have a specific gravity of at least 2.25 and shall be resistant
to the action of air and water. Fl~king or fragmental rock·
will not be permitted. Stones shall have a minimum thickness
of 3 inches and a minimum volume of one cubic foot and at least
50 percent by weight shall have a volume of two cubic feet or
more. The riprap shall be placed to conform to the specifica-
tions of the Director of Public Works.
Storage Capacity of a Flood Plain: The volume of space
above an area of flood plain land that can be occupied by
flood water of a given stage at a ·given time, regardless of
whether the water is moving.
Structure: Anything constructed or erected which requires
location upon or under the ground or attached to something
having location upon or under the ground.
Substantial improvement: Any repair, reconstruction, or
improvementl of a property , the cost of wh ~.c h equals or exceeds
SO percent of the fair market value of the property either (a)
before the improvement is started or (b) if the property has
been damaged and is being restored, before the damage occurred.
Substantial improvement is started when the first alteration
of any wall, ceiling, floor, or other structural part of the
building commences .
VARIANCE: A GRANT OF RELIEF FROM THE REQUIREMENTS OF
·THIS ORDINANCE WHICH WOULD PERMIT THE USE OF LANO OR CONSTRUCTION
ON THE LAND IN A MANNER THAT WOULD OTHERWISE BE PROHIBITED BY
THIS ORDINANCE •
WATERCOURSE: THE CHANNEL OF A STREAM OR A NATURAL
OR MANMADE CHANNEL USED FOR THE CONVEYANCE OF WATER.
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FLOOD PJ,,AIN ADMINISTRATOR: TllE DIRECTOR OF COMMUNITY DE-
VELOPMENT OR HIS ASSIGNEE SHALL BE THE FLOOD PLAIN ADMINISTRA-
TOR, ALSO REFERRED TO AS THE ADMINISTRATOR.
Section 3.
•
The City Council hereby finds and determines that
provisions of this Ordinance must become effective on February 1,
.1978 in order to continue the benefits accruing to those indivi-
duals who have purchased flood insurance pursuant to the Federal
program previously instituted, and therefore finds that an
emergency exists and declares that thia Ordinance shall be in
full force and effect upon publication following final passage.
Intr~uced, rea~ i~. full . and pass~d on Fir~t".·Jt~~~ing
on the · 3 day o~ Janu~ry ·,· ~9;-'8 •.. }. · .;·: . ~. _. ~ -': _ · .!·. ·• =. :-~,i.·d'.~!~"'~-~ .: : ·:
. -;. : ....... ·, ... : ... .. .. ,,_.,. __ .· .... :. ·J . .-:-. :· ;.• .. :;·_. ~ . . ·*"' • , .. .
' ·;·{··· · ·. ·· . Publish~d as a Biil . iof :an ~ 6rdinance on the. 22· day
of March ,· 1978.-'.-·
Read by title and passed on . (inal reading on the
4th day of April , 1978. -----
Published by title as Ordinance No. 2 , Series
of 1978, on the 5th day of April , 1978.
MAYOR
ATTEST:
ex y Clerk-Treasurer
1, William D~ James, do hereby certify that the abov~ and
foregoing is a true, accurate and complete copy of the.Ordinance,
passed on final reading and published by title, as Ordinance
No. 2 , Series of 1978.
~·~ -ex off~o~lerk-Treasurer
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