In order to accomplish its purposes, this Article includes methods and provisions for:
(a) Restricting or prohibiting uses that are dangerous to health, safety and property due to water or erosion hazards or that result in damaging increases in erosion or in flood heights or velocities;
(1) Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
(2) Controlling the alteration of natural floodplains, stream channels and natural protective barriers that may help accommodate or channel floodwaters;
(3) Controlling filling, grading, dredging and other development that may increase flood damage; and
(4) Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards in other areas.
(b) Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered, nor shall any development occur without full compliance with the terms of this Article and other applicable regulations.
(c) Liability. The degree of flood protection intended to be provided by this Article has been determined to be reasonable for regulatory purposes and is based on engineering and scientific methods of study. Floods of greater magnitude may occur and flood heights may be increased by man-made or natural causes, such as ice jams and bridge or culvert openings restricted by debris. This Article does not imply that the areas outside the ASFH or land uses permitted outside the ASFH will be free from flooding or flood damages or that compliance with these regulations will prevent any or all damages from flooding. Nor shall this Article create a liability on the part of or a cause of action against the City of Creede or any officer or employee of the City for any flood damages that may result from reliance on this Article or any administrative decision.
(d) Conflicting regulations. This Article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where any provision of this Article conflicts or overlaps with another provision of this Development Code; any state or federal law; or any easement, covenant or deed restriction, then the more restrictive provision shall apply.
(e) General standards. In all ASFH, the following standards are required:
(1) Construction materials and methods.
a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(2) Utilities.
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(3) Subdivision proposals.
a. A subdivision proposal shall be consistent with the need to minimize flood damage;
b. A subdivision proposal shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
d. Base flood elevation data shall be provided for subdivision proposals and other proposed development that contain at least fifty (50) lots or five (5) acres.
(4) Effect of development. Any proposed development shall be analyzed to determine effects on the flood-carrying capacity of the ASFH.
(5) Use regulations. Uses shall be regulated in the ASFH and subareas of the ASFH pursuant to this Subsection.
a. Prohibited uses in floodway. No development, encroachment, use or alteration in, on or over any part of the floodway shall be permitted that alone or cumulatively with other such uses would cause or result in:
1. The occupation of permanent or temporary structures;
2. The development or use of overnight campgrounds or travel trailer parks;
3. Uses that customarily include the use, storing or processing of materials that are buoyant, flammable, explosive or otherwise potentially injurious to human, junkyards, automotive shops and dry cleaners;
4. Solid waste disposal sites and central collection sewage treatment facilities;
5. Uses that serve vulnerable populations with limited mobility (including but not limited to child care facilities, elementary schools and senior housing);
6. The potential of solid debris (including but not limited to, garages, storage sheds, decks or fences) or waste (including but not limited to, septic systems or portable toilets) being carried downstream;
7. An encroachment that would adversely affect the efficiency and capacity of the floodway, change the direction of flow, cause any increase in the base flood elevation or cause foreseeable damage to others, wherever located; or
8. An encroachment, including fill, new construction, substantial improvements or other development unless certification by a registered professional engineer or architect is provided and demonstrates that encroachments shall not result in any increase in flood levels or velocities during the occurrence of the base flood discharge.
b. Allowed uses in floodway. The following uses shall be permitted within the floodway to the extent that they are not prohibited in a particular area by any underlying zoning district and only if they do not adversely affect the efficiency of the floodway, change the direction of flow or increase the base flood elevation:
1. Agricultural uses, such as general farming, pasture, grazing, forestry, sod farming and wild crop harvesting;
2. Recreational uses not requiring permanent or temporary structures designed for human habitation;
3. Uses accessory to residential uses, including but not limited to lawns, open areas, gardens, driveways and play areas; and
4. Road and highway structures.
c. Prohibited uses in flood fringe. No development or uses on or over any portion of the flood fringe shall be permitted that alone or cumulatively with other such development or uses would cause or result in any of the following:
1. The storage or processing of materials that are buoyant, flammable, explosive or otherwise potentially injurious to human, animal or plant life in a time of flooding;
2. Solid waste disposal sites and central collection sewage treatment facilities; or
3. The potential of solid debris (including but not limited to garages, storage sheds, decks or fences) or waste (including but not limited to septic systems or portable toilets) being carried downstream.
d. Allowed uses in flood fringe. Uses shall be allowed within the flood fringe subject to the zoning designation the property and this Subsection and shall comply with the applicable standards of this Subsection.
1. Residential structures. Residential structures and uses are allowed, provided that:
i. Any residential structure designed for human occupancy or the storage of property shall be constructed, located or improved so that any external wall shall be not less than thirty (30) feet from the stream side of the flood fringe;
ii. The lowest floor, including the basement, of any residential building or structure shall be not less than one (1) foot above the maximum base flood elevation. The lowest adjacent grade surrounding the structure shall be filled to at least the base flood elevation (BFE), compacted with slopes and protected by vegetated cover; and
iii. The lowest interior grade, including crawl spaces, of any residential building or structure, shall not be lower than the lowest adjacent grade.
2. Nonresidential structures and uses. The following nonresidential structures or uses are allowed:
i. Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, wild crop harvesting and sod farming;
ii. Private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, trap and skeet ranges, hunting and fishing areas, fish hatcheries, hiking, biking and equestrian trails;
iii. Open area nonresidential uses, such as lawns, gardens, parking areas and play areas;
iv. Uses accessory to open space or uses for which a permit is required under this Article; and
v. Railroads, streets, roads, bridges, utility lines and facilities and structures for irrigation, drainage or flood control.
3. Nonresidential standards. Nonresidential structures or uses shall comply with the following:
i. Any nonresidential structure shall either have the lowest floor, including the basement, not less than one (1) foot above the BFE; or together with attendant utility and sanitary facilities shall be flood-proofed so that, below the computed BFE, the structure is water-tight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by an engineer or architect registered in the State of Colorado that the standards of this Subsection are satisfied. Such certifications shall be submitted to the City Manager or its designated representative and provide that where a nonresidential structure is intended to be made watertight below the BFE;
ii. A registered professional engineer or architect in the State of Colorado shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with current technical criteria; and
iii. A record of such certificate that includes the specific elevation (in relation to the appropriate datum) that the structures are flood-proofed. All flood-proofing shall meet the current technical criteria set by the CWCB and FEMA. The applicant shall provide the certifications to the City Manager. In the event that floodwaters in the flood fringe can be expected to attain a velocity greater than three (3) feet per second at any point where the proposed development is to occur, then additional flood-proofing shall be required sufficient to withstand such greater water velocity.
4. Recreational vehicles. Recreational vehicles that meet the following conditions may be located in the flood fringe:
i. The recreational vehicle is located on the site for fewer than one hundred eighty (180) consecutive days; and
ii. The recreational vehicle is fully licensed and ready for highway use.
(Ord. 395 §3, 2016)