HomeMy WebLinkAboutOrdinance 1544CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER POND
Council Bill No. 14
Ordinance No. l 5 44
Series of 2013
TITLE: AN ORDINANCE REVISING CHAPTER 26 ARTICLE VIII OF
THE WHEAT RIDGE CODE OF LAWS CONCERNING FLOOD-
PLAIN CONTROL
WHEREAS, the City of Wheat Ridge ("City") is a Colorado municipal home rule
corporation vested with powers under the Colorado constitution and statutes ; and
WHEREAS , In late 2010 , the Colorado Water Conservation Board (CWCB)
adopted revised Floodplain Rules and Regulations for Colorado (Rules), effective
January 14 , 2011 to provide stricter floodplain management standards that will help
communities to reduce the risks to people and property caused by flooding ; and
WHEREAS , It is determined that failure to adopt floodplain regulations consistent
with the Rules , as well as any updates necessary to bring local regulations into
compliance with minimum National Flood Insurance Program (NFIP) criteria , could lead
to severe sanctions ; and
WHEREAS , non-compliance with the Rules may result in either NFIP suspension
or probation and a reclassification under the Community Rating System (CRS) and the
City may not be eligible for certain CWCB flood and watershed grant funding ; and
WHEREAS , it is deemed to be in the best interest of the public health and
welfare of the residents of the City for the City to comply with the proposed changes ;
and
WHEREAS , to this end , the City Council desires to revise Chapter 26 Article VIII
of the Wheat Ridge Code of Laws , concerning flood plain control.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Chapter 26 of the Code , concerning floodplain control , is hereby
repealed and reenacted to read in its entirety as follows :
ARTICLE VIII. FLOODPLAIN CONTROL
Sec. 26-801. Authorization; findings, objectives.
A. Statutory authorization . The Legislature of the State of Colorado has in C.R.S . § 31-23-301 ,
delegated the respons ibili ty to loca l governmental un its to adopt regu lations desig ned to promote the
publi c hea lth , safety , and general welfare of its citizenry . Therefore, the city coun c il of Wheat Ridge ,
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Colorado, acting pursuant to its powers and authorities granted and reserved in Title 29 , of the
Colorado Revised Statues under Article 20 of the Constitution of the State of Colorado and the Home
Rule Charter adopted thereunder, does hereby ordain following as its floodplain zoning provisions.
B. Findings of fact. The city council hereby finds that:
1 . The flood hazard areas of Wheat Ridge 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 .
2 . These flood losses are caused by the cumulative effect of obstructions in areas of special flood
hazards which increase flood heights and/or velocities and when inadequately anchored damage
uses in other areas. Flood losses are also caused by uses that are inadequately floodproofed ,
inadequately elevated or otherwise protected from flood damage.
C. Public objectiVes to be achieved. The city council hereby finds It in the public interest, and in the
furtherance of the public health , safety and welfare, that the following objectives be fulfilled :
1. To promote the public health , safety and general welfare, to minimize flood losses in areas
subject to flood hazards, and to promote wise use of the special flood hazard area by:
a . Prohibiting certain uses which are dangerous to life or property in time of flood .
b. Restricting uses which would be hazardous to the public health in time of flood .
c . Restricting uses which are so particularly susceptible to flood damage, so as to alleviate
hardship and reduce demands for public expenditures for relief and protection .
d. Restricting permitted special flood hazard area uses , including public facilities wh1ch serve
such uses, to be protected against floods by providing floodproofing and general flood
protection at the time of init1al construction .
2. To protect occupants of the special flood hazard area 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 realization of the
danger through :
a. Regulating the manner in which structures designed for human occupancy may be
constructed so as to prevent danger to human life within such structures.
b. Regulating the method of construction of water supply and sanitation systems so as to
prevent disease, contamination , and unsanitary conditions.
c . Delineating and describing areas that could be inundated by floods so as to protect
individuals from purchasing lands for purposes which are not In fact suitable.
d. Ensuring that potential buyers are notified that property is in an area of special flood hazard.
e. Ensuring that those who occupy the areas of special flood hazards assume responsibility for
their actions.
3. To protect the public from the burden of extraordinary financial expenditures for flood control and
relief.
a. Regulating all uses within the special flood hazard area so as to produce a method of
construction and a pattern of development which will minimize the probability of damage to
property and loss of life or injury to the inhabitants of the flood hazard areas .
b. Minimizing the need for rescue and relief efforts associated with flooding which are generally
undertaken at the expense of the general public.
c. Minimizing prolonged business interruptions.
d. Minimizing 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 .
e . Helping maintain a stable tax base by providing for sound use and development of areas of
special flood hazard so as to minimize future flood-blight areas .
Participating in the National Flood Insurance Program to assist property owners in obtaining
adequate insurance coverage.
4. To protect the hydraulic characteristics and storage capacity of the special flood hazard area and
small watercourses , including the gulches, sloughs , and artificial water channels , used for
conveying floodwaters so as to promote retention of sufficient floodway area to convey flood flows
which can reasonably be expected to occur by:
a. Regulating filling , dumping, dredging , and alteration of channels by deepening , widening or
relocating , so as to maintain natural storage capacity and slow flow characteristics.
b. Prohibiting unnecessary encroachments.
c. Encouraging uses such as agriculture , open space , recreation , greenbelt, trails, and
intermittent parking .
d . Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or whrch may increase flood hazards in other areas .
e. 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.
f. Requiring that uses vulnerable to floods , including facilities which serve such uses, be
protected against flood damage at the time of initial construction .
Sec. 26-802. Definitions.
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so
as to give them the meaning they have in common usage, so as to be consistent with the definition given
the term in other portions of this zoning code, and to give these regulations their most reasonable
appl ication .
1 00-year flood. A flood that has a statistical frequency of occurring once in one hundred years . This is
determined from an analysis of floods on a particular watercourse and other watercourses in the same
general region . It has about a one (1) percent chance of being equaled or exceeded during any given
year.
100-year floodplain. The area of land susceptible to being inundated as a result of the occurrence of a
100-year flood .
Appeal. A request for a review by the board of adjustment of any Interpretation made by the floodplain
administrator (or his representative) of any provision of these regulations.
Area of shallow flooding. A designated AO or AH zone on the current digital flood insurance rate map
(DFIRM) with a one percent chance or greater annual chance of flooding . The base flood depths range
from one ( 1) to three (3) feet ; a clearly defined channel does not exist; the path of flooding is
unpredictable and indeterminate; and velocity flow may or may not be evident. Such flooding is
characterized by pending or sheet flow.
Base flood. The flood having a one (1) percent chance of being equaled or exceeded in any given
year.
Base Flood Elevation (BFE). The elevation show on the current DFIRM for various A zones that
indicates the water surface elevation resulting from a flood that has a one ( 1) percent chance of equaling
or exceeding that level in any given year.
Basement. Any area of a building having its floor sub-grade (below ground level) on all sides .
Channel. That area of a watercourse where water normally flows .
Crawl space. An unfinished , enclosed area beneath a habitable floor or a building that is
uninhabitable because of its shallow height of four (4) feet or less, but can be utilized for storage.
Clitical Facility. A structure or related infrastructure. but not the land on which it is situated , as
specified in Section 26-8??, that if flooded may result in significant hazards to public health and safety or
interrupt essential services and operations for the community at any time before , during, and after a flood .
Development. Any manmade 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 or storage of equipment or materials located within the special flood hazard area .
Digital flood insurance rate map (DFIRM). FEMA digital floodplain map. These digital maps serve as
"r egulatory floodplain maps" for insurance and floodplain management purposes.
Equal degree of encroachment. Established by considering the effect of encroachments on the
hydraulic efficiency of the floodplain along a significant reach of the stream on both sides.
Elevated building. A non-basement building built to have the top of the elevated floor above the
ground level by means of pilings, columns (posts and piers), shear walls parallel to the flow of the water,
fill , or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of
flood waters and adequately anchored so as not to impair the structural integrity of the building during a
flood of up to the magnitude of the base flood .
FEMA. Federal emergency management agency, the agency responsible for administering the
National Flood Insurance Program .
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry
land areas from the unusual and rapid accumulation of runoff or surface waters from any source including
the overflow of water from channels and reservoir spillways.
Flood insurance rate map (FIRM). The official map on which FEMA has delineated both the special
flood hazards areas and the risk premium zones applicable to the community.
Flood insurance study. The official report provided by FEMA that includes flood profiles , the flood
boundary-floodway map, and the water surface elevation of the base flood .
Floodplain . Any land area susceptible to being inundated as the result of a flood, including the area of
land over which floodwater would flow from the spillway of a reservoir.
Floodplain administrator. The director of public works or des ignee who IS assigned the responsibility
to coordinate and deal with all aspects of these regulations.
Floodplain permit. A permit required before construction or development begins within any special
flood hazard area (SFHA). Permits are required to ensure that proposed development projects meet the
requirements of the NFI P and this section .
Floodplain valiance . A grant of relief from the requirements of these regulations, when approved by
the board of adjustments under Section 26-808. D. when specific enforcement would result in
unnecessary hardship, which permits construction in a manner that would otherwise be prohibited by
these regulations.
Flood profile. A graph or longitudinal profile showing the relationship of the water surface elevation of
a flood event to existing ground surface along a stream or river.
Floodproofing. A combination of structural provis ions , changes, or adjustments to properties and
structures subject to flooding primarily for the reduction or elimination of flood damages to properties ,
water and sanitary facilities , structures and contents of buildings.
Flood protection elevation. An elevation one ( 1) foot above the base flood elevation .
Floodway. The portion of the SFHA requ ired for the reasonable passage or conveyance of the 100-
year flood , which is characterized by hazardous and significant depths and velocities , without
cumulatively increasing the water surface elevation more than than a designated height. The current
height to be used In the city is one (1) foot; however, the Colorado statewide standard for the designated
height to be used for all newly studied reaches shall be one-half foot (six inches). Letters of Map Revision
to existing floodway delineations may continue to use the floodway cnteria in place at the time of the
existing floodway delineation.
Lowest floor. The lowest enclosed area of a building including basement. However, a crawl space
usable solely for storage is not considered a building 's lowest floor, provided , that the crawl space is built
in conformance with section 26-806F.
Manufactured home. For the purposes of this Section , a structure that is transportable in one (1) or
more sections, built on a permanent chassis, and designed to be used with or without a permanent
foundation when connected to the required utilities. This term also includes park trailers, travel trailers
and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days ..
Manufactured home park or subdivision. A parcel or contiguous parcels of land divided into two (2) or
more manufactured home lots for rent or sale .
Mean sea level. For purposes of the National Flood Insurance Program , the National American
Vertical Datum (NAVD) of 1988 or other datum to which base flood elevations shown on the community's
flood insurance rate map are referenced .
New construction. Structures for which the start of construction commences on or after the effective
date of these regulations.
New manufactured home park or manufactured home subdivision. A parcel or contiguous parcels of
land divided into two (2) or more manufactured home lots for rent or sale for which the construction of
facilities for servicing the lot (including, at a minimum , the installation of utilities, final site grading , the
construction of concrete pads, or the construction of streets) is completed on or after the effective date of
these regulations .
Special flood hazard area (SFHA). The land in the floodplain subject to a one percent or greater
chance of flooding in any given year.
Start of construction. The date the building permit was issued for any improvement, provided, that the
actual start of construction , repair, reconstruction , placement, or other improvement was within one
hundred and eighty (180) days of the permit date. The actual start means the first placement of
permanent construction of a structure on a site , such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of excavation , or the placement of a
manufactured home on a foundation . Permanent construction does not include land preparation , such as
clearing , grading and filling , installation of streets and/or walkways; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part
of the main structure.
Structure. Anything constructed or erected. the use of which requires a more or less permanent
location on or in the ground. Includes, but is not limited to. objects such as buildings , factories , sheds,
cabins , manufactured housing, and fences. This term does not include signs, utility or light poles.
Substantial improvement. Any addition , repair, reconstruction , or improvement of a structure , the cost
of which equals or exceeds fifty (50) percent of the fair market value of the structure either before the
improvement or repair is started or, if the structure has been damaged and is being restored , before the
damage occurred . 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 the alteration affects the external dimensions of the structure . 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 assume 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 at the effective date of these regulations.
Violation. The failure of a structure or other development to be fully compliant with these regulations.
Water surface elevation. The height above mean sea level of floods of various magnitudes and
frequencies in the floodplain .
Sec. 26-803. General provisions.
A. Jurisdiction. The provisions of this article shall apply to all lands within the SFHA as defined on the
official maps and engineering reports of the City of Wheat Ridge, Colorado and areas removed from
the floodplain by the issuance of a LOMR-F .
B. Establishment of Floodplain Permit. A floodplain permit. either class I or class II shall be required to
ensure conformance with the provisions of these regulations.
C. Compliance. No structure or land shall hereafter be located , altered , or have its use changed within
the SFHA without full compliance with these regulations and other applicable regulations. Nothing
herein shall prevent the City of Wheat Ridge from taking such lawful action as is necessary to prevent
or remedy any violation . These regulations meet the minimum requirements as set forth by the
National Flood Insurance Program .
D. Boundaries. The boundaries of the SFHA have been defined by computing the 1 00-year flood limits
under existing channel and floodplain conditions as shown on the official maps and engineering
reports.
The boundaries of the SFHA shall be as they appear on the official maps and engineering reports kept on
file in the office of the floodplain administrator. The boundary lines on the map shall be determined by
the use of the scale and other surface features appearing on the map. When there is a conflict
between the boundary lines illustrated on the map and the actual field conditions, the dispute shall be
settled according to Section 26-808 .
E. Interpretation. In the interpretation and application of these floodplain regulations, these provisions
shall be held to be minimum requirements , shall be liberally construed in favor of the governing body,
and shall not be deemed a limitation or repeal of any other powers granted by Colorado Statutes or
the Charter or ordinances of the City of Wheat Ridge .
F. Warning and disclaimer of liability. The degree of flood protection intended to be provided by these
floodplain regulations is considered reasonable for regulatory purposes and is based on nationally
recognized and/or published engineering and scientific methods of study. Larger floods may occur on
occasions or the flood height may be increased by manmade or natural causes, such as ice jams and
bridge openings restricted by debris. These regulations do not imply that areas outside SFHA
boundaries or land uses permitted within such districts will always be totally free from flooding or flood
damage. Anyone constructing new structures within the SFHA is accepting complete responsibility for
non-regulated events These regulations shall not create a liability on the part of or a cause of action
against the City of Wheat Ridge or any official or employee thereof for any flood damages that may
result from reliance on these regulations.
G. Official maps and engineering reports. The location and boundaries of the SFHA shall be as identified
by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County ,
Colorado and Incorporated Areas," dated February 5, 2014, and any amendments or revisions
thereto are hereby adopted by reference and declared to be a part of this article.
The location and boundaries of the SFHA shall be as shown in the following engineering reports and
accompanying maps:
1. Digital Flood Insurance Rate Map (DFIRM) panels dated February 5, 2014 for portions of the City
of Wheat Ridge.
The DFIRM constitute the current flood insurance study for the City of Wheat Ridge and is fully
incorporated herein by this . The DFIRM which constitute the flood insurance study is on file at the Wheat
Ridge Municipal Building , 7500 West 29th Avenue, Wheat Ridge , Colorado.
H. Severability. These regulations and various parts thereof are hereby declared to be severable. Should
any section of these regulations be declared by a court of competent jurisd iction to be
unconstitutional or invalid, such decision shall not affect the val idity of these regulations as a whole ,
or any portion thereof other than the section so declared to be unconstitutional or invalid .
Sec. 26-804. Specia l Flood Haza rd Area.
A. Application and description.
1. The SFHA includes all lands that are inundated by the 1 00-year flood as shown on the official
maps and engineering reports for the City of Wheat Ridge.
I~ I ·IIJMIJ[.I.l.lii.fi .!i·*41§.#
(One Percent Annual Chance Floodplain )
( 1 00-Year Floodplain)
Flooclway ---~ ... ---..
Fri"P
Stream
Channel
F igure 26-804.1-Special F lood Haza rd Area
2. Based upon the official maps and engineering reports for the City of Wheat Ridge, the SFHA
contains several elements . (see Figure 26-804.1 above).
3. The respective regulations of section 26-805 and section 26-806 shall regu late all lands within the
SFHA.
Se c. 26-805 . Floodway Reg u lations.
A. Application and descn"ption. These regulations shall apply to all properties designated as with in the
Floodway . Floodways are administrative limits and too ls used to regulate existing and future
floodplain development. The State of Colorado has adopted floodway standards that are more
stringent than the FEMA minimum standard (see definition of floodway in Section 26 -802). Located
within SFHA established in Sec. 26-804 , are areas designated as floodways . Since the floodway is an
extremely hazardous area due to the velocity of floodwaters wh ich carry debris, potential projectiles
and erosion potential . the following provisions shall apply:
1. Encroachments are prohibited , including fill , new construction , substantial improvements and
other development with in the adopted regulatory floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed by a registered professional engineer and
in accordance with standard engineering practice that the proposed encroachment would not
result in any increase (requires a No-Rise Certification) in flood levels within the community
during the occurrence of the base flood discharge
2 . If Sec. 26-805. A. 1. above is satisfied , all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of Section 26-806.
3. Under the provisions of 44 CFR Chapter 1. Section 65 12, of the National Flood Insurance
Regulations, a community may permit encroachments within the adopted regulatory floodway that
would result in an increase in Base Flood Elevations , provided that the community first applies for
a CLOMR and floodway revision through FEMA.
B. Permitted uses. The following open uses shall be permitted within the floodway to the extent that they
are not prohibited in a particular area by any underlying zoning and do not include any structures,
filling or deposition of materials, and do not cause any increase in the base flood elevation of the
floodway.
1. Agricultural uses such as general farming , pasture, forestry , and urban gardens;
2. Public and private recreational uses not requ iring permanent or temporary structures such as
parks, swimming areas, picnic grounds, wildlife and nature preserves. and fishing and hiking
areas ;
3. Utility facilities such as ditches, transmission lines, pipelines , water monitoring devices, roadways,
and bridges;
4. Uses very similar in nature to these permitted uses may be allowed , provided that they are
consistent with the provisions of these regulations.
Except for the agricultural uses , the other uses shall require a class 1 floodplain permit in accordance
with Section 26-808.
C . Special exceptions. The following uses are permitted in the floodway subject to special requirements
as noted:
1. Structures for human occupancy which were in existence as of February 26, 2001 , subject to
section 26-807 (nonconforming uses) and the requirements of section 26-806.D., E. and F.,
provided . however. that a floodplain permit shall not be required.
D Prohibited uses.
1. Structures , fill, or deposition of materials shall be prohibited in the floodway.
2. The storage or processing of materials that are buoyant, flammable, or explosive, or any
hazardous liquid or soluble matter which in times of flooding could be injurious to human , animal
or plant life shall be prohibited within the floodway.
Sec. 26-806. Special Flood Hazard Area Regulations.
A . Application and description. These regulations shall apply to all properties designated as within the
SFHA.
B. Permitted uses. The permitted uses in the SFHA are the same as those uses permitted in section 26-
805B. However. in the SFHA, floodplain permits may be applied for as specified in paragraphs C. and
D.
C. Prohibited uses hazardous materials. The storage or processing of materials that are buoyant,
flammable , or explosive, or any hazardous liquid or soluble matter which in times of flooding could be
injurious to human, animal, or plant life shall be prohibited within the SFHA.
D. Development standards. The following regulations shall apply to all permitted development and uses
within the SFHA:
1 All new structures which are walled and roofed and greater than one hundred twenty (120)
square feet in size must be elevated one { 1) foot above the base flood elevation .
2. All development shall be evaluated based on any analysis of an equal degree of encroachment
based on conveyance of the 1 00-year flood extending for a significant reach on both sides .
3. No SFHA uses shall adversely affect the efficiency of or unduly restrict the capacity of the
channels or floodways of any tributaries to the main stream, drainage ditches, or any other
drainage facilities or systems .
4 . All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure and to withstand hydrodynamic loads .
5. All new construction , substantial improvements, and fences shall be constructed with materials
and utility equipment resistant to flood damage.
6 . All new construction and substantial improvements shall be constructed by methods and
practices that minimize flood damage
7. Electrical , heating, ventilation , plumbing, and air conditioning equipment and other service
facilities shall be designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding .
8. All development proposals shall have adequate drainage provided to reduce exposure to flood
damage.
9. All new and replacement water supply , sanitary sewage, or onsite disposal systems shall be
designed and located so as to minimize or eliminate infiltration of floodwaters into them and
discharge from the systems into floodwaters .
10. All subdivision proposals shall be consistent with the need to minimize flood damage.
11 . All development proposals shall have public utilities and facilities, such as sewer, gas. electrical ,
and water systems, located and constructed to minimize flood damage.
12. All manufactured homes to be placed within the SFHA must be elevated and anchored to resist
flotation , collapse, or lateral movement and capable of resisting the hydrostatic and hydrodynamic
loads created by the 100-year flood . Methods of anchoring may include, but are not limited to,
use of over-the-top and frame ties to ground anchors . Specific requirements may be:
a. Over-the-top ties shall be provided at each of the four {4) comers of the manufactured home ,
with two (2} additional ties per side at intermediate locations and manufactured homes less
than fifty (50) feet long requiring one (1) additional tie per side;
b. Frame ties shall be provided at each corner of the home, with five (5) additional ties per side
at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4)
additional ties per side;
c. All components of the anchoring system shall be capable of carrying a force of four thousand
eight hundred (4,800) pounds ; and
d. Any additions to the manufactured home shall be similarly anchored.
13. Any fill or deposition of materials must be shown to have some beneficial purpose and the
amount thereof will not be greater than is necessary to achieve that purpose, as demonstrated by
a plan submitted by the owner showing the final dimensions of the proposed fill or other material
and the use to which the filled land will be put.
14 . Any fill or deposition that does reduce hydraulic capacity shall require appropriate hydraulic
studies including an equal degree of encroachment analysis and a review of the urban impact of
such reduction .
15. Any fill or deposition will be protected against erosion by riprap, strong vegetative cover,
bulkheadlng , or other accepted means of erosion protection .
16. Enclosures. New construction and substantial improvements, with fully enclosed areas below the
lowest floor that are usable solely for parking of vehicles , building access, or storage in an area
other than a basement and which are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered Colorado
Professional Engineer or architect or meet or exceed the following minimum criteria:
a . A minimum of two openings having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be provided .
b. The bottom of all openings shall be no higher than one foot above grade.
c . Openings may be equipped with screens , louvers. valves , or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters .
E. Properties removed from the floodplain by fill. The following regulations shall apply to all permitted
development and uses within the properties that have been removed from the floodplain by the
issuance of a FEMA Letter of Map revision Based on Fill (LOMR-F) to at least one (1) foot above the
base flood level that existed prior to the placement of fill :
1. All new structures which are walled and roofed and greater than one hundred twenty ( 120)
square feet in size must be elevated one (1) foot above the base flood elevation that existed prior
to the placement of fill.
2. All new construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage
3 . All new construction and substantial improvements shall be constructed by methods and
practices that m inimize flood damage.
4. Electrical , heating , ventilation , plumbing , and air conditioning equipment and other service
facilities shall be designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding .
F. Critical facilities. A critical facility is a structure or related infrastructure, but not the land on which it is
situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado ,
that if flooded may result in significant hazards to public health and safety or interrupt essential
services and operations for the community at any time before, during and after a flood .
CLASSIFICATION OF CRITICAL FACILITIES. It is the responsibility of the city council to identify
and confirm that specific structures in their community meet the following criteria:
Critical facilities are classified under the following categories : (a) Essential Services ; (b)
Hazardous Materials ; (c) At-risk Populations ; and (d) Vital to Restoring Normal Services.
a. Essential services facilities include public safety , emergency response. emergency medical.
designated emergency shelters, communications , public utility plant facilities , and
transportation lifelines . These facilities consist of:
(1) Public safety (police stations, fire and rescue stations , emergency vehicle and equipment
storage , and , emergency operation centers);
(2) Emergency medical (hospitals , ambulance service centers, urgent care centers having
emergency treatment functions . and non-ambulatory surgical structures but excluding
clinics, doctors offices , and non-urgent care medical structures that do not provide these
functions);
(3) Designated emergency shelters ,
(4) Communications (main hubs for telephone , broadcasting equipment for cable systems ,
satellite dish systems, cellular systems . television , radio , and other emergency warning
systems , but excluding towers . poles, lines, cables, and conduits);
(5) Public utility plant facilities for generation and distribution ( hubs, treatment plants ,
substations and pumping stations for water, power and gas, but not Including towers ,
poles, power lines, buried pipelines, transm ission lines , distribution lines, and service
lines); and
(6) Air Transportation lifelines (airports (municipal and larger), helicopter pads and structures
serving emergency funct ions , and associated infrastructure (aviation control towers , air
traffic control centers , and emergency equipment aircraft hangars).
Specific exemptions to this category include wastewater treatment plants (WWTP), non-
potable water treatment and distribution systems, and hydroelectric power generating plants and
related appurtenances.
Public utility plant facilit ies may be exempted if it can be demonstrated to the satisfaction of
the city council that the facility is an element of a redundant system for which service will not be
interrupted duri ng a flood . At a minimum , it shall be demonstrated that redundant facilities are
available (either owned by the same utility or available through an Intergovernmental agreement
or other contract) and connected , the alternative facilities are either located outside of the 100-
year floodplain or are compliant with the provisions of this Section , and an operations plan is in
effect that states how redundant systems will provide service to the affected area in the event of a
flood. Evidence of ongoing redundancy shall be provided to the city council on an as-needed
bas is upon request.
b. Hazardous materials facilities include facilities that produce or store highly volatile ,
flammable , explosive , toxic and/or water-reactive materials. These facilities may include:
(1) Chemical and pharmaceutical plants (chem ical plant. pharmaceutical manufacturing);
(2) Laboratories contain ing highly volatile, flammable, explosive , toxic and /or water-reactive
materials;
(3 ) Refineries ;
(4) Hazardous waste storage and disposal sites; and
(5) Above ground gasoline or propane storage or sales centers.
Facilities shall be determined to be crit ical facilities if they produce or store materials in
excess of threshold limits . If the owner of a fac ility is required by the Occupational Safety and
Health Admin istration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any
chemicals stored or used in the work place and the chemica l(s) is stored in quantities equal to or
greater than the Threshold Planning Quantity (TPQ ) for that chemical , then that facility shall be
considered to be a critical facil ity . The TPQ for these chemicals is: either 500 pounds or the TPQ
listed (wh ichever is lower) for the 356 chemicals listed under 40 C.F.R § 302 (2010), also known
as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other chemica l. Th is
threshold is consistent with the requirements for reportable chemicals establ ished by the
Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in
29 C.F.R § 1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation ,
Reportable Quantities , and Notification ," 40 C.F.R. § 302 (2010) and OSHA regulation
"Occupational Safety and Health Standards," 29 C.F.R. § 1910 (2010) are incorporated herein by
reference and include the regulations in existence at the time of the promulgation this ordinance,
but exclude later amendments to or ed itions of the regulations
Specific exemptions to this category include:
(1) Finished consumer products within retail centers and households contain ing hazardous
materials intended for household use, and agricultural products intended for agricultural
use.
(2) Butldrngs and other structures containing hazardous materials for which it can be
demonstrated to the satisfaction of the local authority having jurisdiction by hazard
assessment and certification by a qualified professional (as determined by the local
jurisdiction having land use authority) that a release of the subject hazardous material
does not pose a major threat to the public.
(3) Pharmaceutical sales , use, storage, and distribution centers that do not manufacture
pharmaceutical products.
These exemptions shall not apply to build ings or other structures that also funct ion as critical
facilities under another category outlined in this Section .
c . At-risk population facilities include medical care, congregate care, and schools. These
facilities consist of:
(1) Elder care (nursing homes):
(2) Congregate care serv ing 12 or more individuals (day care and assisted living);
(3) Public and private schools (pre-schools, K-12 schools), before-school and after-school
care serving 12 or more children);
d. Facilities vital to restoring normal services including government operations These facilities
consist of:
(1) Essential government operations (public records, courts, jails, build ing permitting and
inspection services , community administration and management, maintenance and
equipment centers);
(2) Essential structures for public colleges and universities (dormitories, offices , and
classrooms only).
These facilities may be exempted if it is demonstrated to the city council that the facility is an
element of a redundant system for which service will not be interrupted during a flood . At a
minimum , it shall be demonstrated that redundant facilities are available (either owned by the
same entity or available through an intergovernmental agreement or other contract), the
alternative facilities are either located outside of the 1 00-year floodplain or are compliant with this
ordinance, and an operations plan is in effect that states how redundant facilities will provide
service to the affected area in the event of a flood . Evidence of ongoing redundancy shall be
provided to the city council on an as-needed basis upon request.
2. PROTECTION FOR CRITICAL FACILITIES . All new and substantially improved critical facilities
and new additions to critical facilities located within the SFHA shall be regulated to a higher
standard than structures not determined to be critical facilities. For the purposes of this Section ,
protection shall include one of the following:
a Location outside the SFHA; or
b Elevation of the lowest floor or floodproofing of the structure, together with attendant utility
and san itary facilities, to at least two feet above the base flood elevation .
3. INGRESS AND EGRESS FOR NEW CRITICAL FACILITIES New critical facilities shall , when
practicable as determined by the city council, have continuous non-inundated access (i ngress
and egress for evacuation and emergency services) during a100-year flood event.
Sec. 26-807. Nonconforming uses and structures.
The ex1st1ng lawful use of a structure or premises wh1ch 1s not m conformrty with the prov1s1ons of
these regulations may be continued subject to the follow1ng conditiOns .
A . No such use shall expand or enlarge the nonconformity except m compliance with the provisions of
these regulations
B. No substantial improvement to any nonconforming structure over the life of the structure shall be
allowed unless the nonconformmg structure 1s permanently changed to a conforming structure.
C . If such use is discontinued for two (2) consecut1ve years, any future use of the building and premises
shall conform to these regulations .
D. Uses or adjuncts thereof which are nuisances shall not be permitted to continue as nonconforming
uses .
E. Any alteration , addition , or repair to any nonconforming structure permitted pursuant to subsection B.,
above. shall be protected by floodproofing measures pursuant to section 26-808C.4 .a .
Sec. 26-808. Administration.
A. Floodplain administrator. The director of public works of the City of Wheat Ridge or designee shall be
the floodplain administrator. The duties of the admimstrator shall include, but not be limited to:
1 Coordmatlon between departments and diVISions.
a Coordinate the application. permit, review. appeal, certification . and enforcement processes
between the office of the floodplain administrator and other departments and divisions as
appropriate to ensure compliance with these regulations and an efficient use of staff.
b. All applications and certifications shall be submitted to the department of public works from
wh1ch further routing to other departments and divis1ons and utility companies shall occur
c. All administrative decisions require the property to be posted for fifteen (15) days. If no
protests are filed, the permit may be issued by the floodplain administrator. If a protest is
filed , then a public hearing before the board of adjustment will be scheduled following the
applicable noticing and other reqUirements of section 26-1 09 .
2 . Development permit review:
a. Rev1ew all development permits, which include building permits, to determine whether a
property is within the SFHA and that the applicable requirements of these regulations have
been satisfied .
b Rev1ew all development permits to determine that all necessary permits have been obtained
from federal, state, or local governmental agencies from which prior approval is required .
3 Information to be obtained and mamtained:
a Obtain certification from apphcanrs engineer and record the actual elevation (in relat1on to
mean sea level) of the lowest floor (including basement) of all new or substantially improved
structures
b Maintam for pubhc mspection all records pertaining to the provisions of these regulations.
c . All records required by these regulations shall be maintained with the associated
development permits in the department of public works
4 . Use of other base flood data. When base flood elevation data has not been provided by the
applicant or his representative. the floodplain administrator may obtain, rev1ew, and reasonably
utilize any base flood and floodway elevation data available from federal , state, or other sources
as cntena for requiring that new construction . substantial improvements, or other development in
the SFHA 1n order to administer subsections 26-806C , 0 and F
5 Alteration or relocation of watercourses :
a No alteration or relocation of a watercourse shall occur Without the approval of the floodplain
administrator Consideration of gravel extraction operations shall be in accordance with state
law (C .R.S § 3-4-1-301}.
b. Upon receiving approval, the applicant shall notify adJacent communities and the Colorado
Water Conservation Board prior to any alteration or relocation of a watercourse and submit
evidence of such notification to FEMA. The applicant shall prov1de all data required by FEMA
for a letter of map revision.
c. The carrying capacity of an altered or relocated watercourse shall be maintained .
6 . Interpretation of digital flood insurance rate map (DFIRM) boundaries. The floodplain
administrator shall 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) Any person contesting the location of the
boundary shall be given a reasonable opportun~ty to appeal the interpretation as provided in
subsection B. below.
B. Mapping disputes . The following procedure shall be used by the floodplain administrator in deciding
contested cases m which the location of a district boundary 1s disputed·
1. In all cases , the person contesting the location of the district boundary shall be given a
reasonable opportunity to submit his own technical evidence 1f he so desires. The floodplain
administrator shall not allow deviations from the boundary line as mapped If the evidence clearly
and conclusively establishes that the mapped locat1on of the line IS incorrect, a FEMA letter of
map revision must be completed by the applicant prior to the issuance of a development permit.
2 The administrator shall render a written opinion w1thm thirty (30) days following receipt of the
applicant's technical evidence setting forth the findings of fact and the reasons for the decision.
3 Applicants shall have the right to appeal such decisions to the board of adjustment. Application
for appeal must be made within thirty (30) days .
C Floodplain permits:
1. Application. There shall be two (2} types of floodplam permits: Class I and Class II. The approval
of either floodplain permit does not substitute for any other perm1t that may be required by city
ordinance, such as building permits.
2 . Floodplam permit-Class I. Any use enumerated m this paragraph may be permitted only upon
the 1ssuance of a Class I floodplain permit by the floodplain administrator and in compliance with
sect1on 26-806 D
a . Structures for non-human occupancy. Fences, sheds , signs, and accessory buildings may be
permitted only upon a finding that the structures do not create a negative impact on the base
flood elevation or flow veloc1ty .
b Structures for human occupancy. Improvements to ex1stmg structures may be permitted only
upon a finding that the Improvements proposed are not substantial Improvements, as defined
in section 26-802
c Ft/1 or deposition of material. Fills or depos1tion of materials may be permitted only upon a
finding that the proposed plan will comply with section 26-806 D.
3 Floodplain permit-Class II. Any use enumerated in this paragraph may be permitted only upon
the issuance of a Class II floodplain permit by the board of adjustment after a public hearing and
In compliance with section 26-806. D.
a. Structures for human occupancy. New construction or substantial improvement of any
residential, commercial , industrial , or other nonresidential structure may be permitted only
upon a certification by a registered professional engineer to the floodpla in administrator that
the lowest floor, including basement, is elevated to one (1) foot or more above the base flood
elevation.
b. Manufactured homes. New manufactured home parks and manufactured home subdivistons,
expansions of existing manufactured home parks and manufactured home subd ivisions, and
existing manufactured home parks and manufactured home subdivisions where the repa ir,
reconstruction or improvement of the street util ities exceeds fifty (50 ) percent of the fa ir
market value of the streets, utilities , and pads before the repa ir , reconstruction , or
improvement has commenced . and for manufactured homes not placed in a manufactured
home park or manufactured home subdivision , may be permitted only upon a certification by
a registered profess ional engineer to the floodpla in administrator that:
(1) All manufactured homes or those to be substantially improved shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is elevated
one ( 1) foot or more above the base flood elevation and is securely anchored to an
adequately anchored foundation system. Manufactured homes shall be anchored in
accordance with subsection F.12. of this section ; and
(2 ). Adequate surface drainage and access for a hauler w ill be provided.
4. Submittal requirements. The applicant for a floodplain permit shall provide the following
Information as a part of the application , un less waived by the administrator:
a. Completed application form and requ ired application fee,
b. A plan certified by a registered engineer , competent in open-channel hydraulics, wh ich
accurately locates the applicant's property w ith respect to the SFHA limits, channel of stream .
existi ng developments, together with all pertinent information such as: the nature of the
proposal ; legal description of the property; fill limits and elevations; bu ilding's lowest floor
elevations in relation to the datum used on the FEMA map and study ; floodproofing measures
and elevation in relation to mean sea level to which any structure has been floodproofed ; a
report covering the effects of equal degree of encroachment of other nearby properties of the
SFHA; and a description to the extent to wh ich any watercourse w ill be altered or relocated
as a result of the proposed development
c. In addition , all subd ivision proposals and other proposed new developments which are
located in any SFHA shall include with in such proposals base flood elevations.
d. As much of the following additional information as is deemed necessary by the floodplain
admin istrator for the evaluation of the effects of the proposal upon flood flows and the
floodplain and to render a decision on the floodpla in permit:
(1) A typical cross-section showing the channel of the stream , the floodplain adjoining each
side of the channel , cross-sectional area to be occup ied by the proposed development,
and high-water information .
(2) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill ,
or storage elevations ; size, location , and spatial arrangement of all proposed and existing
structures on the site ; location and elevations of streets, water supply , and sanitary
facilities; soil types ; and other pertinent information .
(3) Profile showing the slope of the 100-year flood and the bottom of the channel or thalweg
of the stream .
(4) Specifications for building construction and materials , floodproofing , filling , dredging ,
grad ing , channel improvement, storage of materials, water supply, and sanitary facilities .
(5} Hydraulic calculations for all proposed channelization .
5. Factors upon whtch the decision shall be based. The determination of the floodplain administrator
or the board of adjustment on each floodplain permit shall be based on the effects of the
proposed project with respect to the obJectives and purpose of these regulations as stated in
section 26-801
6 . Conditions attached to floodplain permits Upon consideration of the factors listed above and
purposes of these regulations, the floodplain administrator or board of adjustment may attach
such conditions as deemed necessary 1n furthering the purposes of these regulations . A copy of
these conditions shall be presented to the applicant and a copy of these conditions shall be
transmitted to the chief building official , wh1ch shall be kept on file.
Such conditions may include specifications for, without limitation because of specific
enumeration, modification of sewage disposal and water supply facilities, modification of other waste
disposal methods and facilities , landscaping periods of operation , operational controls, sureties, deed
restrictions, and adequate floodproofing
a. Floodproofing : Floodplain permits reqUiring floodproofing measures such as the following
shall be designed consistent with the flood protect1on elevation for the part1cular area and
flood velocities , forces, and other factors assoc1ated w1th the flood protection elevation
The floodplain administrator shall require that the applicant subm1t a plan or document
certified by a reg1stered professional engineer that the floodproofing measures are consistent with
the flood protection elevation for the particular area .
Floodprooflng measures may mclude the followmg :
( 1) Anchorage to resist flotation and lateral movement.
(2) Installation of watertight doors. bulkheads , and shutters .
(3) Reinforcement of walls to resist water pressures.
(4) Use of paints, membranes, or mortars to reduce seepage of water through walls .
(5) Add1tion of mass or weight to structures to resist flotation .
(6) Installation of pumps to lower water levels in structures.
(7) Construction of water supply and waste treatment systems to prevent the entrance of
floodwaters.
(8) Pumping facilities for subsurface drainage systems for buildings to relieve external
foundat1on wall and basement floor pressures.
(9) Construction to res1st rupture or collapse caused by water pressure or floating debns.
(10)Cutoff valves on sewer lines or the elimination of gravity flow basement drains
Furthermore, measures must be taken to ensure that the construct1on does not in any way
cause the 1 00-year flood to become more damaging to other residents within the SFHA
7. Class I floodplain permits; timeliness of decision . The floodplain administrator shall render a
written decision granting or denying the floodplain permit application . If a denial is made , the
decision shall set forth the floodplain administrator's findings of fact and reasons for the demal
Applicants shall have the right to appeal any adverse decis1on to the board of adjustment. Such
appeal must be filed with the board of adjustment Within thirty (30) days from the date of the
floodplain administrator's decision.
D Revtew by the board of ad;ustment.
1. The board of adjustment of the City of Wheat Ridge shall hear and decide appeals of Class I
floodplain permits which have been denied or conditionally approved by the floodplain
administrator and requests for Class II floodplain permits as provided within these regulations .
2 . The board of adjustment shall hear and decide appeals of Class I floodplain permits when it is
alleged there is an error in any requirement, decision , or determination made by the floodplain
administrator in the enforcement or administration of these regulations . Any decision in favor of
the applicant shall be considered a variance.
3. Those aggrieved by the decision of the board of adjustment may appeal such decisions to the
Jefferson County District Court, as provided by the Wheat Ridge Code of Laws.
4 . In passing upon such application , the board of adjustment shall consider all technical evaluation ,
all relevant factors , standards specified in other sections of these regulations , and:
a. The danger that materials may be swept into other lands to the injury of others ;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community ;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use which are not subject to flooding
or erosion damage;
g . The compatibility of the proposed use with the existing and anticipated development;
h The relationship of the proposed use to the comprehensive development plan and floodplain
management program for the area;
i. The safety of access to the property during times of flood for ordinary and emergency
vehicles;
j. The expected heights , velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site;
k. 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, streets, and bridges.
5. Upon consideration of the factors of subsection 0.4., above, the board of adjustment shall affirm
or reverse, in whole or in part, the decision of the floodplain administrator (with respect to Class I
floodplain permits), and may attach such conditions to the granting of floodplain permits or
variance as it deems necessary to further the purposes of these regulations .
6 . The floodplain administrator shall maintain the records of all appeal actions , including technical
information , and report any variance to FEMA, upon requesl
E. Conditions for class 1 floodplain permit variances.
1. Variances may be issued for the reconstruction, rehabilitation , or restoration of structures listed
on the National Register of Historic Places or the state inventory of historic places , upon a
determination that the proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum necessary to preserve the
historic character and design of the structure ..
2. Variances shall not be issued within any designated floodway .
3. Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard , to afford relief.
4. Variances shall only be issued upon :
a A showing of good and sufficient cause ,
b A determmation that failure to grant the vanance would result m exceptional hardship to the
applicant, and
c . A determination that the granting of a variance will not result m increased flood heights,
additional threats to public safety, extraordinary public expense, or create nuisances. cause
fraud on , or victimization of the public as Identified in section 26-801 (c), or conflict with
existing local laws or ordinances.
Sec. 26 -809 . Ce rtifi cate of compliance.
A No vacant land shall be occupied or used , and no building hereafter erected , altered, or moved into
the SFHA until a floodplain permit has been issued by the floodplain administrator or the board of
adjustment indicating that the use or proposed use or structure complies with the provisions herein .
B A certificate of compliance shall be requested for upon completion of any project, construction , or use
for which a floodplain permit was granted. The use permitted by the project shall not commence until
a certificate of compliance is issued
C . Issuance of a certificate of compliance by the floodplain administrator shall be required before a
certificate of occupancy or completion may be issued by the department of community development
The certificate of compliance shall indicate that there has been compliance w1th these SFHA
regulations and any conditions attached to a floodplain permit.
0 The floodplain administrator shall require the applicant, when required by Section 26-808. C . 2 • to
subm1t a certification by a registered professional engmeer that the finished fill and buildmg floor
elevations. floodproofing measures. or other flood protect1on factors were accomplished in
compliance w ith the provisions of these regulations and any conditions attached to a floodplain
permit The floodplain admm1strator shall within ten (1 0) days after receipt of such certification from
the applicant issue a certificate of compliance only if the building or premises and the proposed use
thereof conform with all the requirements of these regulations and any conditions attached to a
floodplain permit Said subm itted certification , along with a copy of the certificate of complia nce , shall
be kept on record In the department of public works
Sec. 26-810. Enforcement and penalties .
Every structure , building , fill , or develop ment placed or maintained within the SFHA in violation of
these regulations is a public nuisance and the creat1on thereof may be enjoined and maintenance thereof
may be abated by action at suit of the City of Wheat Ridge , the state , or any citizen thereof. Any person
who places or maintains any structure , building , fill , or development within the SFHA in violation of these
regulations shall be guilty of a misdemeanor and , upon conviction thereof, shall be fined not more than
one thousand dollars ($1 ,000.00) or imprisoned not more than one (1) year or both Each day during
which such violation exists is a separate offense.
In the event 1t becomes necessary for the c1ty to bring act1on to enJoin or abate any such violation of
this sect1on , the c1ty shall be entitled to recover, m add1t1on to any fine or penalty imposed hereby, its cost
of bnnging sa1d action and/or abating any such structure, bu1ldmg , fill , or development placed or
mamtained w1thin the SFHA. wh1ch costs shall mclude attorneys' fees as well as the actual costs incurred
by the city.
Sees . 26 -811-26 -900. Reserved .
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this gth day of December, 2013, ordered published with Public Hearing and
consideration on final passage set for January 13th, 2014, at 7:00 p.m ., in the Council
Chambers, 7500 W. 29th , Wheat Ridge, CO, and that it take effect 15 day after final
publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of t~ to o , this 13th day of January, 2014.
SIGNED by the Mayor on this \Jth day of -~...-r-='-------· 2014. !' '
ATTEST:
nelle Shaver, C1ty Clerk