ORDINANCE NO. 27 Series of 2020
AN ORDINANCE OF THE CITY OF LITTLETON, COLORADO, AMENDING THE FLOODPLAIN REGULATIONS CONTAINED IN TITLE 10, CHAPTER 6, TO PROHIBIT CERTAIN TENTS AND MAKESHIFT STRUCTURES IN FLOODPLAINS AND REQUIRING FREEBOARD FOR THE SUPPORTING UTILITIES OF MANUFACTURED HOMES IN THE FLOODPLAIN
WHEREAS, the City of Littleton is a participating community in the National Flood Insurance Program; and
WHEREAS, the current regulations for floodplain development are contained in Municipal Code Title 10, Chapter 6; and
WHEREAS, to protect public health, safety, and welfare, the existing regulations are to be revised to prohibit tents and makeshift structures without adequate sanitation facilities or flood evacuation plans within floodplains; and
WHEREAS, the City of Littleton participates in the Community Rating System and currently holds a Class 5 rating; and
WHEREAS, the Community Rating System has recently been revised to require provisions for freeboard for supporting utilities of manufactured homes in the floodplain in order to maintain a Class 8 or better; and
WHEREAS, the existing floodplain regulations are to be revised to meet such manufactured home freeboard requirements and maintain the city’s current CRS rating.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLETON, COLORADO, THAT:
Section 1:   Title 10, Chapter 6, Section 8 (B) (3 through 8) is amended to read as follows:
(B)  FLOODWAY RESTRICTIONS   
3. TENTS AND MAKESHIFT STRUCTURES, ENCLOSURES, OR OTHER SHELTERS USED FOR HUMAN HABITATION ARE PROHIBITED IN THE FLOODWAY.
3 4.     Development or construction that causes an increase in the base flood elevation on any insurable structure, are prohibited.
4.5.   Solid waste disposal facilities (including, but not limited to, junkyards, sanitary landfills, and automobile wrecking yards) are prohibited in the floodway.
 
5.6.   Outdoor storage of any material is prohibited in the floodway.
6.7.  Encroachments may be permitted in the floodway, at the discretion of the administrator, when the activity is strictly drainageway maintenance in which the intent is to restore the natural conditions or hydraulic capacity of the drainageway provided that the activity does not cause more than a 0.00-foot rise compared to effective conditions BFEs and that any BFE rise compared to existing conditions is contained entirely within public property which would not otherwise require adverse impact notification.
7.8.   No use shall affect the efficiency or restrict the capacity of any watercourse, drainage ditch, or any other drainage facility or system. (Revised 6-12-1992)   
 
Section 2:  Title 10, Chapter 6, Section 9(B) is amended as follows: 
(B) Permitted Uses: Any use permitted in the governing zone district, except solid waste disposal facilities (including, but not limited to, junkyards, sanitary landfills, and automobile wrecking yards), and outdoor storage of any material, OR TENTS AND MAKESHIFT STRUCTURES, ENCLOSURES, OR OTHER SHELTERS USED FOR HUMAN HABITATION EXCEPT IN LOCATIONS EXPRESSLY PERMITTED BY THE FLOODPLAIN ADMINISTRATOR AND HAVING ADEQUATE SANITATION FACILITIES AND FLOOD EVACUATION PLANS. Full compliance with these regulations, and other applicable requirements, is required. (Revised 6-12-1992)
Section 3:   Title 10 Chapter 6, Section 10 D and E are amended as follows:
(D)  USES OR ADJUNCTS THEREOF WHICH ARE PUBLIC NUISANCES SHALL NOT BE PERMITTED TO CONTINUE AS NONCONFORMING USES. THESE SHALL INCLUDE, BUT NOT BE LIMITED TO, TENTS AND MAKESHIFT STRUCTURES, ENCLOSURES, OR OTHER SHELTERS USED FOR HUMAN HABITATION, EXCEPT IN LOCATIONS EXPRESSLY PERMITTED BY THE FLOODPLAIN ADMINISTRATOR AND HAVING ADEQUATE SANITATION FACILITIES AND FLOOD EVACUATION PLANS.
(DE) Any alteration, addition or repair to any existing nonconforming structure shall be protected, where applicable, by the floodplain development requirements of this chapter.
Section 4:   Title 10, Chapter 6, Section 11 (B) is amended as follows: 
(B)   All manufactured homes shall be installed using methods and practices that minimize flood damage.  Manufactured homes AND THEIR SUPPORTING UTILITIES AS DEFINED IN 10-6-16 (A), must be elevated A MINIMUM OF 1 FOOT ABOVE THE BASE FLOOD ELEVATION and anchored to resist flotation, collapse or lateral movement, and the hydrostatic and hydrodynamic loads of floods. This requirement is in addition to state and local anchoring requirements for wind forces.    
Section 5:   Title 10, Chapter 6, Section 16 A and B are amended as follows: 
(A)  All manufactured homes that are placed or substantially improved in or adjacent to the floodplain on sites located INSIDE OR outside of AN EXISTING manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision where the manufactured home has suffered substantial damage as result of a flood, shall be elevated on a permanent foundation such that the lowest floor and electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities including ductwork, are elevated to one foot above the base flood elevation and securely anchored to adequately anchored foundation system to resist flotation, collapse and lateral movement.
(B)  all manufactured homes placed or substantially improved in an existing manufactured home park or subdivision within the floodplain that are not subject to the provisions above, shall be elevated so that:
   1.  the lowest floor of the home, electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities including ductwork are one foot above the base flood elevation, or
   2.  the manufactured home chassis is supported by piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 
(CB) All manufactured homes in the floodplain shall be anchored in accordance with one or more of the following requirements:
1.   Over the top ties at each of the four (4) corners of each unit; for units greater than fifty feet (50') long, two (2) additional ties per side at intermediate locations; and for units less than fifty feet (50') long, one additional tie per side.
2.   Frame ties at each corner of each unit; for units greater than fifty feet (50') long, five (5) additional ties per side at intermediate points; for units less than fifty feet (50') long, four (4) additional ties per side.
3.  Each component of the anchoring system shall be capable of sustaining a force of four thousand eight hundred (4,800) pounds.
   4.  Any additions to a manufactured home shall be similarly anchored.
Section 6:   Severability.  If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of this ordinance.  The City Council hereby declares that it would have passed this ordinance, including each part, section, subsection, sentence, clause or phrase hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, clauses or phrases may be declared invalid.
Section 7:   Repealer.  All ordinances or resolutions, or parts thereof, in conflict with this ordinance are hereby repealed, provided that this repealer shall not repeal the repealer clauses of such ordinance nor revive any ordinance thereby.
INTRODUCED AS A BILL at a regularly scheduled meeting of the City Council of the City of Littleton on the 4 th day of August, 2020, passed on first reading by a vote of 7 FOR and 0 AGAINST; and ordered published by posting at Littleton Center, Bemis Library, the Municipal Courthouse and on the City of Littleton Website.
PUBLIC HEARING on the Ordinance to take place on the 18 th day of August, 2020, in the Council Chamber1, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado, at the hour of 6:30 p.m., or as soon thereafter as it may be heard.
PASSED on second and final reading, following public hearing, by a vote of 7 FOR and 0 AGAINST on the 18 th day of August 2020 and ordered published by posting at Littleton Center, Bemis Library, the Municipal Courthouse and on the City of Littleton Website.
ATTEST:
_________________________         _________________________
 
Colleen L. Norton               Jerry Valdes
CITY CLERK                  MAYOR
               
APPROVED AS TO FORM:
 
_________________________
Reid Betzing
CITY ATTORNEY