HomeMy WebLinkAboutOrdinance-1972-0108 - Establishing Flood Plain ZoningIntroduced by Alderman Joseph Donaldson
ORDINANCE NO.-;108
Series of 1972
TITLE: AN ORDINANCE ESTABLISHING FLOOD PLAIN-ZONING FOR THE CITY OF "
WHEAT RIDGE, COLORADO, AND PROVIDING FOR THE`A-DMINISTRA'TION AND ENFORCE-
MENT THEREOF, AND FOR THE REPEAL OF DRDINANCE+NO. 68 AND ALL AMENDMENTS
THERETO AND ALL OTHER ORDINANCES'OR PARTS WHICH ARE IN CONFLICT HEREWITH
BE IT ORDAINED BY THE CITY COUNCIL OF-THE CITY OF WHEAT RIDGE, COLORADO,
THAT:
WHEREAS, authority for the City of Wheat Ridge to adopt a Flood
Plain Zoning Ordinance is-contained in Section 139-60-1_, C.R. S. 1963,
-
as amended, and
WHEREAS, the uncontrolled use of the flood plains and watercourses'-
within the City Boundaries could have an adverse affect on the public
health, safety and-welfare of the citizens of the City of Wheat Ridge; and
WHEREAS, the, Colorado Water Conservation Board has designated and
approved certain storm or flood water runoff channels or basins within
the City.
NOW, THEREFORE, BE IT ORDAINED that the City of Wheat Ridge does hereby
adapt the following Flood Plain Ordinance.
SECTION 1.0 PURPOSES, To promote thepublic health, safety, and -
general welfare, to minimize flood losses in-areas subject to flood
hazards, and to promote wise use of th= "flood plain", this Flood Plain
Zoning Ordinance has been. -establi.shed.with_tha-.fo-llowing purposes intended:
1.1 To reduce _the hazard of flooda-to,'life,and property through:
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 particularly susceptible to
flood damage, so as to-alleviate-hardship and reduce demands for public
expenditures for relief and protection.
D. Requiring permitted flood plain uses, including public
facilities which serve such uses, to be protected against floods by pro-
viding "flood proofing" and general flood protection at the time of initial
construction.
1.2 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 realization of-the danger, through:.
I.
A. Regulating, the, manner, iin which structures designed
for human occupancy may be constructed soas to prevent danger to human
life within such structures.
8. 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 frompurchasing flood plain-lands
for purposes which are not in fact suitable.
1.3 To protect the public from the-burden-of extrao-rdinary..
financial expendituras for flood eontrcl and relief.
A. Regulating all uses within the flood plain district
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. -
1.4 To protect the "storage capacity of flood plains" and to
assure 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
8. Prohibiting unnecessary encroachments.
C. Encouraging uses-such as agriculture, recreation, and
parking.
1.5 To protect-the hydraulic 'characteristics of the small water-,
courses,-including the gulches, sloughs, and artificial water -channels
used for conveying flood waters, which,_make up a portion of the urban
major drainage a-ystem.
A. Regulating filling; dumping, and channelizatipn so as
to maintain natural storage capacity and slow flow characteristics.-
B. Prohibiting encroachment- into the small watercourses,
to maintain their water carrying capacity. -
C. Encouraging'uses_such _as greenbelt, open space, recre-
ation, and riding trails. -
SECTION 2.0 GENERAL PROVISIONS -
2.1 jurisdiction:- The,jurisdiction_of t_he Ordinance includes
all lands, adjacent to any watercourse within the City of'Wheat Ridge,
Colorado; that would be inundated-by the 11100-year flood",for that water-
course as-.defined in th,e Definitions, Section 10.16 of this Ordinance:;
2.2- Interpretation: In their interpretation and application,
the provisions of this Ordinance-shall be held to be-minimum requirements
and 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. _
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2.3 Warning and Disclaimer of Liability: The degree of -
flood protection intended to be provided by this Ordinancs-is con-
sidered reasonable for regulatory purposes and is based on engineering
and scientific methods of study Larger 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
Ordinance. does. not imply that areas outside flood plain zoning district
boundaries or land uses permitted withinsuch districts .will always
betotally free from flooding -or -fload damages: Nor shall this Ordinance
create.a liability on the part of or a cause of action against the
City of Wheat Ridge or any officer_or employee thereof for any `flood
damages that may result from reliance on this Ordinance.
2.4 Adoption of Official Maps: The location and boundaries
of Clear Creek and Lena Gulch Flood Areas established by this Ordinance
are shown upon the "Flood Plain Zoning Maps of the City of Wheat Ridge",
which are hereby incorporated into this Ordinance. The said zoning maps,
together with everything shown thereon and all amendments thereto, shall
be ash-much a part of this Ordinance as if fully set forth and described
herein. Each change in the Official Map shall be subject to the Amendment
Procedure as-required in Section 9.0.
SECTION 3.0 NONCONFORMING USES
3.1 The existing lawful use of a structure or premises which ,
is.not.in conformity with the provisions of. this Ordinance may be continued
subject to the following _conditions: A. No surd use shall be expanded or enlarged except in
conformity with the provisions of this,Ordinanae.
d . No tstisut:tural alteration,'addition, ❑r repair to any
nonconforming -stsuctura over the life of the structure shall exceed
fifty (50) percent of its assessed value at the time of its becoming
a:nonconforming use unless permanently changed to a conforming use.
C. If such use is discontinued for twelve {12) consecutive
months,,any future use of the building and premises shall conform to-
this Ordinance.
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 Section 3.16 of this 0rdinance shall be
protected by flood proofing measures pursuant td Section 6.-4E(1), Flood
Proofing of this Ordinance.
SECTION 4.0 FLOOD REGULATORY DISTRICT
4.1 Application. The provisions for this district apply to all
flood plains of watercourses in the City of Wheat Ridge, Colorado, for
which 100-year flood data-and corresponding elevations or profiles are
available, and which have been approved by the State Water Conservation
Board.
4.2 Description of District. The Flood Regulatory District-
shall include the area delineated on the maps and profiles for the
100-year flood plain limits for the Clear Creek and Lena Gulch water-
courses in the City of Wheat Ridge, Colorado, signed-by the.City
Engineer and approved by the Colorado Water Conservation Board, and
on file and available in the Clerk-and Recorder's Office of Jefferson
County.
4.3 Special Provisions: The following regul_atians shall
apply to all uses within the Flood Regulatory District, notwithstanding
that such uses may be specifically permitted under the terms of this
Ordinance.
A. The flood-protection elevation.ar height shall.cor-
respond to a point one foot above the elevation or "flood profile"
shown on or attached_to-the_flood map for a particular area.
B. No "structure Ctemporery or permanent)"; fill, including
fill for roads and levees; deposit,; obstruction; storage of materials; or
other flood plain uses which acting alone or in combination with existing, or future flood plain uses shall ihs permitted that-adversely affects
the efficiency or the capacity of the floodway or increases flood heights.
or adversely affects the "storage. capacity of the flood plains" based
on the assumption that there will be an "equal degree of encroachment".
extending for s significant-"reach"on both sidea.of the stream.
C. No flood plain 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
.
drainagefacilities or systems.
4.4 Description of Uses.
Permitted Uses: The following open uses shall-be permitted
within the Flood.Regulatory District to the extent that theyare not pro-
hibited in a paticular area by any underlying Zoning Ordinance.
A. Agricultural uses such as:_ general farming, pasture,
truck farming', forestry, sgd_farming, and'-.wild crop harvesting;
B. Industrial-commercial uses such as: loading areas,
parking area s,'airpnrt'landing'strips, and storage yards for equipment
or machinery easily moved or not subject to flood damage;
C. Public and private recreational uses not requiring
,"permanent or temporary structures" designed for human '-habitation such
as: parks, swimming areas, golf courses,-driving ranges, picnic grounds,
wildlife and nature.preserves, game farms, fish hatcheries, shooting
preeerves, target ranges, trap and skeet ranges, and hunting, fishing
and hiking areas; _
D. Utility faoilities such as: flowage areas., trans-
mission lines, pipelines, water monitoring devices, roadways, and bridges.
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E. Minor or accessory uses:_apprdved by the Planning
Director as from time to time delineated by a Resolution of the City
Council.
4.5 Special Exceptions: Any use enumerated in this section
may be permitted only upon application to the Planning Director
and the issuance of a,special exception permit by the Board of Adjust-
ment as provided in Section 6.4; Special Exception-Permits of this
Ordinance. - = - -
A. "Structures" Accessory to Open Uses-permitted in
Section 4.4, Description of Uses, of this Ordinance, whether temporary
or p-ermanent may be permitted only upon a determination by the Board
of Adjustment pursuant to a^finding under the procedure required by
Section 6.4, Special Exception Permits of this Ordinance-that:
(1) Structures will not be designed for human
habitation;
(Z). Structures will have a low flood damage
potential;
(3) :`The structure or structures, if permitted,
will.be constructed and placed on the building site so as to offer the
minimum obstruction to the flow of flood waters;. -
(a) Whenever possbile, structures will be
constructed with the longitudinal axis parallel to the direction of
flow of flood waters;' and '
(b) So far as practicable, structures will
beplaced so their logitudinal axes are approximately on the same line
aeLthose of adjoining structures.
(4) Structures will be firmly anchored to prevent
the structure or building from floating away and thus threatening to
further restrict bridge openings and other restricted sections of the
stream or river; and
(5) Service facilities such as electrical equipment
will be at or above the flood.protection elevation for-the particular area.
r.. (6) If the structures are to be permitted,
evidence must be submitted-by an engineer-cempetent-in open channel
hydraulics that'there will be-no si_4niftcant.alteration of the one (1)
percent flood flow caused by.these structures.
B. Ifther Structures (Temporary or Permanent for People),.
may be permitted only upon a finding by the Board of Adjustment that:
(1) Such structures shallcomply with Section - -
4.5A (3), (4), and (5) of this Ordinance.
(2) The first floor, or basement floor of any
structure to be erected; constructed, reconstructed,. or moved on the
flood plain shall be constructed-on fill at or above a point two (2)
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feet above the 100-year flood elevation-for the particular area and
the fill shall extend at such elevation atleast fifteen (15) feet -
beyond the limits of any structure or building erected thereon.
C. Fills or Deposition of Materials may be-permitted
only upon a finding by the Board of Adjustment that:
(1) Any fill or deposition of materials will- -
comply with the Section 4.3*Sbecal Provisions, of this Ordinance, and
(7J.-The fill or deposition of materials will
have some beneficial_purpose"and the amount thereof will not be greater
than is necessary tp__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;
(3) -The fill or deposition of materials does
not imprudently reduce the flood storage capacity of the waterway unless
a permit has been granted by the City of Wheat Ridge and other require-
ments of this section are met; and the fill or deposition of materials
does not encroach on that portion of the flood plain which would have-
Significant-and perceptible flow during the flood, and which for that
reason would help convey the flood waters.- Any additional filling
reduces the hydraulic capacity and requires appropriate hydraulic
studies and a review of the urbanimpact of such reduction.
(4) The fill or other materials will be protected
against erosion by r*p=rap, strong vegetative cover or bulkheading.
(5) It is demonstrated by an engineer competent
in open channel hydraulics that the fill or other material will not
significantly alter the_flow _of the one (1) percent flood.
D. The storage or precessing of materials that are
buoyant, flammable, explosive, or in times of flooding, could be
injurious to human, animal, or plant life, shall be at or above the
flood protection elevation for the particular area or "flood proofed"
in compliancewith Section 6.4E Conditions attached to Special Exception
Permits of-this Ordinance Solid-waste-disposal facilities, such as -
junkyards or areas for the dumping of refuse shall also require a permit
from the City of Wheat Ridge.
E. Uses very similar in nature to permitted uses may be
allowed provided that they are consistent with the provisions of this
Ordinance. -
SECTION 5.0 EXEMPTIONS
5.1 Exemptions: Any building or structure as to which satis
factory proof shall be presented-to the Board of Adjustment, as established
by the City Council, that the present or proposed situationof such
building or structure is reasonably necessary for the-convenience-or
welfare of the public shall be exempt from the operation of this Ordinance.
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SECTION 6.0 ADMINISTRATION
6.1 Planning Director-of the City of Wheat Ridge: The
Planning Director shall administer the provisions of this Ordinance.
6-.2 Flood Plain Modification Permit: A Flood Plain Mod-
ification Permit must be obtained from the Planning Director before
any new land use subject to the provisions of this Ordinance may
be initiated. _
6.3 Mapping Disputes: The following procedure shall be
used by the Board of Adjustment in deciding contested cases in
which the location of a district boundary is disputed;
A.- In all cases the person contesting the location
of the- diatrict_houndary_shall_be given__a reasonable opportunity to
present his case to the Board-and to submit his own technical evidence
if he so desires. .The.B_oaxd sh_all_ nat.allow deviations --from the
.boundary line as mapped unless the evidence clearly-and conclusively
established that the mapped lace tion of the line is incorrect.
6.4 Special Exception Permits:
A. Application for: Any use listed in this Ordinance
as requiring a special exception permit may be.`.allowed only upon`
application to the Planning Director and issuance„of a special exception
permit by the Board of Adjustment following a public hearing.
B. Procedure to be followed: Upon receiving an application
for a special exception permit involving the use of fill, construction
of structures, or storage of.-,materials, the Board shall, prior to
rendering a decision thereon, obtain the opinion of the Planning Director
and: (1) Require the applicant-to submit, at the time
of application, 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 stream, existing flood
plain developments together with all pertinent information such as the
nature of the proposal; legal description of the property, fill limits
and elevations; buildingfloor elevations; and flood proofing measures,-
and a report covering the effects of the proposed cgnstruction to the
flood upon other nearby residents of the flood plain.
(2) Require the applicant to furnish such of
-
the following additional information as is deemed necessary by the_Board,
for-the evaluation of the effects of the proposal upon flood flows and
flood plain storage and to render a decision on the proposed flood plain
use.
(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 information.
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(b) Plan (surface view) showing elevations
or contours of the ground; -pertinent structure, fill or-storage-eleva-
tions; size, location and spatial arrangement of all proposed and
existing structures on the site; location and elevations of streets,
water supply, sanitary facilities, and sail types and other pertinent
information.
(c) Profile showing the,slope of the
bottom of the channel or tFalweg of the stream.
(d) Specifications for building construction
and materials, "flood proofing," filling, dredging, grading,' channel
improvement; storage-of materials, water supply, and sanitary facilities.
C. Factors upon which the decision of the Board of
Adjustment shall be based: The determination of the Board an each
special exception permit shall be based on the effects of the proposed
`
project with respect to the objectives and purpose of this Ordinance"'
as stated in Section 1.0, Purpose", of this Ordinance.
D. The Board shall act on an application in the manner
above described within sixty (60)"days from receiving the application.
E. Conditions Attached to Special Exception Permits:
Upon consideration of the factors listed above and thepurposes of this
Ordinance, the Board of Adjustment may attach such conditions, in
addition to th-ose_required by special permits,' as it deems necessary
in furthering the purposss,of'this Ordinance. Such conditions may
include specifications-for',_without_limitatipn because _of-specific
enumeration; modification of sewage disposal and water supply facilities,
modification of other waste-disposal_methcds and-facilities, landscaping,-
periods of operation, operational controls, sureties, dead restriction.,
and adequate flood proofing.
(1) `Floodproofing. Sepcial exception requiring
flood proofing measures-such-as the following shall be designed consistent
with the flood Protection elevation for the particular area as described in the Special Provisions Section 4.3; and flood velocities, forces
and other factors associated with the flood protection elevation. The
Board shall require that the applicant submit a plan or document certified
by a registered professional engineer that the flood proofing measures
are consistent with the flood protection elevation for the, particular area.
W` Anchorage to resist flotation and lateral
movement.
(b) Installation c'F watertight doors-;` ' -
bulkheads and shutters.
(c) Reinforcement of walls to resist water
pressures.
(d) Use of paints, membranes or mortars to
reduce seepage of water-through walls.
(e) Addition of mass or weight to structures
to resist flotation. - -
(f) Installation of pumps to lower water
levels in structures.
(g) Construction. of. water supply and
waste-treatmsnt`systems to' prevent the entrance-of flocd waters.
th) Pumping facilities for subsurface
drainage systems for-buildings-to _ relieve external: foundation wall
and basement floor pressures
(i) Construction to°resist rupture or`collapse,
caused by water pressure or floating debris. _
(j) Cutoff valves on sewer lines or the
ry
elimination of gravity flow basement drains. Furthermore, measures ,
must be taken to insure that the construction does not in any may cause
the one (1) percent flood to become more damaging to other residents of
the flood plain.
SECTION 7.0 CERTIFICATE OF COMPLIANCE
7.1 No vacant land shall be occupied or'used and no building
hereafter erected, altered, or moved on the flood plains of any water-
course shall be occupied until a certificate of compliance shall Have
been issued by the Planning' Director.
7.2 The Planning Director shall request the applicant to
submit a certification by a registered professional engineer that the
finished fill and building floor elevations, flood proofing measures -
or other flood protection factors were accomplished in compliance with
the provisions of this Ordinance. The Planning Director shall within
tan (10) days after receipt of such certification from the applicant
issue a certificats of compliance only if the building or premises
and the proposed use thereof conform with all the requirements of
this ❑rdinance:
SECTION S.0 ENFORCEMENT AND PENALTIES
8.1 Every structure; building, fill or development placed
or maintained within any flood plain in violation of this Ordinance
is a public nuisance and the creation 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 any
flood plain in violation of this Ordinance shall be guilty of a misde-
meanor and upon conviction thereof, shall be fined not more than three
hundred (6300.00) dollars or imprisoned not more than-ninety (90) days
or both. Each day during which such violation exists is a separate offense.
SECTION 9.0 AMENDMENTS- -
9.1 The City Council of the City of Wheat Ridge, Colorado,
may from time to time, alter, supplement-or change the district boundaries
and the regulations contained in this ordinance 1n the manner provided
by law.
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A. Amendments to this Ordinance may be._made on petition
of any interested party -.n-accordance with the provisions of the Colorado
Revised.Statutes,
SECTION 10.0 DEFINITIONS
Unless specifically defined below, words or phrases used in this.
Ordinance shall he interpreted se as to give them the same meaning as_
they have at common law and to give this Ordinance its most reasonable
application. - -
10.1 Channel - a natural or artificial watercourse of perceptible
extent, with definite bed and hanks to conduct continuously or period-
ically flowing water. Channel flow thus is that water which is flowing
within the limits of the defined channel. _
10.2 EncroachmentLines,- are limits of obstruction to flood
flows. These lines ar-u gen-erally'parallel to the stream.- The lines
are established by assuming that the arse landward (outside) of_the
encroachment lines may be ultimately J eJelopedyin such a way that it
will not be available to convey flood flowa.. The stream channel and
adjoining flood plains between the lines will be maintained as open
space and will be adequate to convey the 100-year flood without adversely
increasing flood heights, such increase under any condition not exceeding
one foot.
10.3 Equal-Degree of Encroachment - is established by considering -
the effect of encroachments on the hydraulic efficiency of the flood plain
along a significant reach of the stream, on both aides. -
.
10.4 Flood - water from a river-,--stream,, watercourse; lake or
other body of standing water that temporarily overflows or inundates
adjacent lands and which may affect other lands and activities through
stage elevation, backwater, and/or increased ground-water level.
10.3 Flood Plain - the relatively flat or lowland area adjoining
a river, stream, watercourse, lake, or other body of standing water which .
has been or may be, covered temporarily by flood water. For administrative
purposes the flood plain may be defined as the.area that would be inundated
by the 100-year flood (U.S. Corps-'of Engineers:"Flood_Plain Information
Report" Volume 3 - Technical Appendix, Bear and Clear Greeks and-South-
Platte River Basin Report of January, 1966 and U.S. Corps of Engineers'
"Flood Plain Information Report, Volume 5 - Ralston Creek, Leyden Creek,
VaKSibbsr Creek, Lena Gulch, Sanderson Gulch, and North Sanderson Gulch
of November, 197011). -
10.6 Flood Regulatory District - that area represented by the _
flood regulatory area which has-been approved by the Colorado Water Conser-
vation Board and shown on the Flood Plain Zoning Map in the office of the
City of Wheat Ridge. _
10.7 Flood,Ragulatory Area'- that portion of the flood plain
subject to unundation by tha 100-year flood. Its width is determined
by the 100-year flood. Its _length or reach is determined by natural
bounds such as an ocean or lake, or by structures such as a dam or
bri.dge,_ or by political or legal bounds. v
10.8 Flood Storage Area - that portion of the_regulatory -
area that may serve as a_temporary storage area-for flood waters from
the 100-year flood and that lies landward 6f the flcodway.
10.9 Flood Storage District - that area represented by the
flood storage area which-has.been.-hydraulically defined andshown on
the zoning map in the office of the City of Wheat Ridge: It exists
only after appropriate action of the Board of.Directors of.tha Urban
Drainage and Flood Control District.
10.10 Floodway --t-hat portion of the regulatory area required-.-
for the reasonable passage or conveyance of the 100-year flood. This
is the area of significant depths-and valocities,and due-consideration-
should be given to effects-of fill, loss of cross sectional flQu_.erea,_
and resulting increased water surface elevations..
10.11 Floodway District----that area represented by the-floodway
which has been hydraulically defined and shown on the zoning map in the
office of the City of-Wheat Ridge.
10.12 Flood Profile - a graph or a longitudinal profile
showing the relationship of the water surface elevation of a flood _
event to location along a stream or river.
10.13 Flood Proofing --a combination of structural provisions,
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 in
a flood hazard area.
10.14 Flood Protection Elevation- an elevation one foot above
the elevation or "flood profile" of the 100-year flood under existing
channel and flood plain conditions. It is-one foot-above the elevation
of the flood for the Floor Regulatory District as shown _on the zoning
map in the office of the City of Wheat Ridge.
10.15 Flood-Stage - for purposes of this Ordinance the term
is usedto mean the height or elevation ofa flood-as referred to some
datum. -For other purposes it is commonly used to referto,the elevation
at which a stream will overtop its normal stage banks.
10.16 Hundred-Year.Flood - is one that has a frequency of _
occurrence of one hundred (100) years determined from an ar&ysis of
floods on a particular watercourse- and other watercourses:-in the same
general region. It has about a one percent change of occuring in-any given
year.
10,:17. Ordinary High Water Mark - the highest point an the
bank of a normal stage channel at which the water level has been far a
sufficient period of time'to leave a definite mark.
10.18 Reach - a hydraulic engineering term to describe
longitudinal segments of a stream or river. A reach will generally
include the segment of the flood plain where flood heights are primarily
controlled by man-made or natural flood plain obstructions or restrictions.
In an urban area, the segment of a stream or river between two consecutive
bridge crossings would most likely be a reach.-
10.19 Storage Capacit4 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, r_egardleas=of whether the
wateris moving. Storage capacity tends to reduce downstream flood peaks.
10.20 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, and cabins.
10.21 Structure, Permanent = a structure which-is built of
such materials and in such a way that it would commonly be expected to last and remain useful for a substantial period of time.
10.22 Structure, Temporary - astructure_which is built of
such materials and in such a way that it would commonly be expected to
have a relatively short useful life, or is built for a purpose that
would commonly be expected to he relatively short-term.
SECTION 11.0 SEVERABILITY
11.1 If any section, clause, provision or portion of this
Ordinance-is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this Ordinance shall not be affected thereby.
SECTION 12-0 EFFECTIVE DATE
12.1 This Ordinance shall take effect-and be in force thirty
(30) days after publication.
INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on first
reading by a vote of_ 3 _ to 1 this 9th day of March
A. D., 1972.
READ; ADOPTED AND ORDERED PUBLISHED AND POSTED on second and final
reading by a vote of 4 to 2 this 20th day of April
A. D., 1972.
- ert Anderson _
Mayor
ATTEST:
- l^ y &
Louise_F._Turner
City Clerk
(13)
(Ordinance No. 108 - Continued)
U. S. ARMY
fATIONS
:IFIED
JENCIES
AVERAGE
CHANNEL
BED
20oJa
ELEVATION
"s.
L.
5246.4
5241.0
5255.4
5251.1
5275.7
5270.8
5288.4
5280.9
5309.5
5305.3
!
5322.2
5319.0
5339.6
5338.9
5355.7
5349.8
5377.1
5373.8
5399.7
5396.0
54]4.5
5410.3
LEGEND:
1 Percent Frequency Flood
General Limits Of The Flood Plaint
NOTES:
1. See study index map (PLATE 1)
for the location of this sheet.
T
ORDINANCE NO. SUPPLEF
DATE- / ATTEST:
C TY CLERK
C Y E IEER
SOUTH PLATTE RIVER BASIN, COLORADO
DENVER METROPOLITAN REGION
FLOOD. PLAIN INFORMATION STUDY
FLOOD HAZARD AREAS
CLEAR CREEK,
NEAR TENNYSON STREET TO YOUNGFIELD STREET
SCALE IN FEET
2000 0 2000 4000
U. S. ARMY ENGINEER DISTRICT, OMAHA
CORPS OF ENGINEERS OMAHA, NEBRASKA
JANUARY 1966
CONTOUR INTERVAL 10 FEET
LEGEND:
PROBABILITY:
Standard Project Flood
1 Percent Frequency Flood
Existing Conditions
2 Percent Frequency Flood
4 Percent Frequency Flood
20 Percent Frequency Flood
NOTES:
1. For location of cross section,
see Plate 3. , .
ORDINANCE NO. /O SUPPLEMENT
DATE
ATTEST:,
.o
-.Aa dJ
City Clerk
T VENIER
SOUTH PLATTE RIVER BASIN, COLORADO
DENVER METROPOLITAN REGION
FLOOD PLAIN INFORMATION STUDY
CLEAR CREEK
INDEX CROSS SECTION 7-7
U. S. ARMY ENGINEER DISTRICT, OMAHA
CORPS OF ENGINEERS OMAHA, NEBRASKA
JANUARY 1966
SECTION C PLATE 11
E_
r,
r
= J.
C15)
(0rdinance No. 108 - Continued)
E'
CORPS U. S. ARMY
5
5
5
N
5
W
W
U
Z
Z
O 5;
i=
Q
W
J
W
5;
5:
5:
LEGEND:
PROBABILITY:
Standard Project Flood
1 Percent Frequency Flood
Existing Conditions
2 Percent Frequency Flood
4 Percent Frequency Flood
20 Percent Frequency Flood
NOTES:
1. For location of cross section,
see Plate 3.
2. Dashed portion of cross section
obtained from topographic mapping.
ORDINANCE NO. ,/O- SUPPLEMENT
i
DATE /
ATTEST:
CZZCITY CLERV,
CIT NCINEER
SOUTH PLATTE RIVER BASIN, COLORADO
DENVER METROPOLITAN REGION
FLOOD PLAIN INFORMATION STUDY
CLEAR CREEK
INDEX CROSS SECTION 6-6
U. S. ARMY ENGINEER DISTRICT, OMAHA
CORPS OF ENGINEERS OMAHA, NEBRASKA
JANUARY 1966
SECTION C PLATE 10
U. S. ARMY
LEGEND:
PROBABILITY:
Standard Project Flood
f`
1 Percent Frequency Flood
Existing Conditions
2 Percent Frequency Flood
i -
4 Percent Frequency Flood
'
f- '
20 Percent Frequency Flood
NOTES:
I _
1. For location of cross section,
r ,
see Plate 3.
2. Dashed portion of cross section
`
obtained from topographic mapping.
INANCE NO. SUPPLEMENT
ate i
MAY R
`
EST:
ITY CLERK
-
G Y _ E
SOUTH PLATTE RIVER BASIN, COLORADO
DENVER METROPOLITAN REGION
FLOOD PLAIN INFORMATION STUDY
CLEAR CREEK
INDEX CROSS SECTION 5-5
U. S. ARMY ENGINEER DISTRICT, OMAHA
CORPS OF ENGINEERS OMAHA, NEBRASKA
JANUARY 1966
SECTION C PLATE 9
,s
4
LEGEND:
INTERMEDIATE STANDARD
PROJECT
REGIONAL FLOOD FLOOD
{a' ! 3
nw
Channel and Valley
Cross Section
Reference Point - Also locations
of surveyed cross sections
NOTES:
1. See Plate Index Map (Plate
for the location of this pl,ate.•.
2. For Illustrated Cross Sections
see Plates 31 & 32. '
3. See Plates 28 & 29 for pro4es.
4. See Table 9d for flood elev`ation.s
at the reference points.
ORDINVICE NO. .14 S' SUPPLEMENT
DATE
MAYOR
ATTEST:
Ltnh SCALE IK FEETt>` 1 y GNuL lvG
1000 0 1000 2000
SOUTH PLATTE RIVER BASIN, COLORADO
DENVER METROPOLITAN REGION
LENA GULCH
FLOODED AREAS
U.S. ARMY ENGINEER DISTRICT, OMAHA
CORPS OF ENGINEERS OMAHA, NEBRASKA
NOVEMBER 1970
r
6. V.
PLAIL25
_ , X18)°s. _
(Ordinance No. 108 - Continued)
ve'l
r
g r; ~
LEGEND:
STANDARD
INTERMEDIATE PROJECT
REGIONAL FLOOD FLOOD
O Channel and Valley
Cross Section
.
~ r
Reference Point - Also locations
of surveyed cross sections
NOTES:
r
aKr>~^~r',, ~f~ ~ 1. See Plate Index Map (Plate. T(-, ,y
for the location of this plate.,
2. For Illustrated Cross Secti6-6.s
see Plates 31 &32.
fi 3. See Plate 30 for profile.
° 4. See Table 9d for flood elevation s,
at the reference points
ORDINANCE NO.IIr SIJPPL NT
J ; Y
4 R
x.
r.
DATE L7
! M
:
CITY CLERK
I Y N EER
~4
. r s~ V!
1000 SCALE IN FEET 2000
0
SOUTH PLATTE RIVER BASIN, COLORADO
DENVER METROPOLITAN REGION
LENA GULCH
FLOODED AREAS
U.S. ARMY ENGINEER DISTRICT, OMAHA
CORPS OF ENGINEERS OMAHA, NEBRASKA
NOVEMBER 1970
F-
5590
5580
5570
5560
5550
5540
553(
N
f
W 5531
z
z 551
0
W
W 550
545
541
54.
54
5A
i
(19)
(Ordinanod No. 108 - Continued)
ORDINANCE NO. /o' SUPPLEMENT
DATE
ATTEST:
TrYY CLERK
NEE
r
• 's
1
4
t ;
4
1= r
y .
LEGEND:
STANDARD
1INTERMEDIATE PROJECT
REGIONAL FLOOD FLOOD
Deck
Bridge or Culvert
I-TOP of Opening
cv1 -Reference Point
NOTES:
1. For location of cross sections,
see Plate 25.
2. See Table 9d for flood elevations
at the reference points.
SOUTH PLATTE RIVER BASIN
DENVER, COLORADO
LENA GULCH
PROFILE
U. S. ARMY ENGINEER DISTRICT, OMAHA
CORPS OF ENGINEERS OMAHA, NEBRASKA
NOVEMBER 1970
ORDINANCE NO. 108 - SUPPLEMENT
DATE
6
ATTEST:
V
CITY CLERK
-
ITY INFER
s
.1 -7,. w
ic
LEGEND:
..<r: STANDARD
_ INTERMEDIATE PROJECT
'REGIONAL FLOOD FLOOD
J
Deck
. or Culvert
Fridg
Top of Opening
c-41 -Reference Point
_
- NOTES:
~g_-`---_
1. For location of cross sections, see Plate 26.
-
2. See Table 9d for flood elwations at the reference points.
The left channel bank through this area is at a higher elevation
3
.
than the flood plain. cross section 8.8 Plate 32stnws typical Conditions.
Channel flood waters spill ever the left bank and flow on the Need plain
at a laver elevation.
)o
SOUTH PLATTE RIVER BASIN r =
DENVER, COLORADO
Its
LENA GULCH
PROFILES
U. S. ARMY ENGINEER DISTRICT, OMAHA
CORPS OF ENGINEERS OMAHA, NEBRASKA
NOVEMBER 1970
PLATE 30
0 loo 500 600 700 too
ISTANCE IN FEET
:)SS SECTION 7-7 ,
ORDINANCE NO. /p S SUP LEMENT
DATE X111 I d
V " MAYOR
ATTEST:
3315
~J
53$0
J'
CITY CLERK
J
N
,
5375
w
F
w
w
s ~O? ~fV
Z
5370
Z
0
STANDARD
E PROJECT
>
5365
COD FLOOD
~
I
W
3360
- -
- -
SOUTH PLATTE RIVER BASIN
ections,
DENVER, COLORADO
5355
10
LENA GULCH
CROSS SECTIONS
U. S. ARMY ENGINEER DISTRICT, OMAHA
CORPS OF ENGINEERS OMAHA, NEBRASKA
NOVEMBER 1970
r
L
t: .
t°
r.
PLATE 32
0
CERTIFIrATE-OF'POSTING
We, Louise F. Tuner _and_Helen Elise McMillen hereby
certify that Ordinance No. 108 was duly posted by us
following first reading on the__ -17th day of March
1972-at the following locations within the City of Wheat
Ridge:
Wheat Ridge Post Office
Wheat Ridge _Branch 'Library
Westridge Sanitation District Office
Columbia Heights School
Prospect Valley Fire Department
Wheat Ridge City Office
Wheat Ridge Council Chambers
We, Louise F. Turner and Helen Elise McMillen hereby
certify that-Ordinance No. 108 was duly posted by us
following second reading on the 5th day of May
1972 at the following locations"within the City of Wheat
Ridge listed above.
Louise F. Turner
..City, Clerk`. - _
1J_
4Helgen <Elas McMillen
.Deputy City Clerk
CERTIFICATION OF TRUE COPY
The attached copy of Ordinance No. 108 is hereby certified
to be a true copy of said Ordinance passed and adopted on
final reading April 20th, 1972 by the Wheat Ridge City
Council at 7390 West 38th Avenue at 7:30 p.m.
Dated this 6th day of September, A. D. 1972.
Louise F. Turner
t
City Clerk
tc.,
G^7
'Tt
<c
to
OHO -
M3
X19 273
C DEG
Introduced by Alderman Joseph 1
Donaldson
ORDINANCE NO. 108
Series of 1972
TITLE: AN OROiNANCE~
ESTABLISHING FLOOD PLAIN
ZONING FOR THE CITY OFt
WHEAT RIDGE, COLORADO, AND.!
PROVIDING FOR THEE
ADMINISTRATION AND:
ENFORCEMENT THEREOF. AND;
F O R THE R E P E A L O F I
ORDINANCE NO. 68 AND ALL'
AMENDMENTS THERETO ANC
ALL OTHER ORDINANCES OR
PARTS WHICH ARE IN CONFLICT
HEREWITH.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
WHEAT RIDGE;-- -COLORADO,
THAT:
WHEREAS, authority for the City
of Wheat Ridge to adopt a Flood
Plain Zoning Ordinance is contained
in Section M9-60-1, C-R-S. 1963, as
amended and
WHEREAS, the uncontrolled use
of the f load plains and watercourses
within the City Boundaries could
have an adverse affect on the public.
health, safety and welfare of the
citizens of the City of Wheat Ridge;
and
WHEREAS, the Colorado Water
Conservation Board has designated
and approved certain storm or flood
water runoff channels or. basins
within the City. -
NOW, THEREFORE, BE IT
ORDAINED that the City of Wheat
Ridge does hereby adopt the
following Flood Plain Ordinance.
SECTION 1.0 PURPOSES: 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 "flood plain," this Flood Plain
Zoning Ordinance has been
established with the following
purposes intended: -
1.1 To reduce the hazard of floods
to life and property through: -
A. Prohibiting certain uses which
are dangerous to life or property in
timedflootl. - B. Restricting uses which would
be hazardous to the public health in
timeof flood. - - - -
C. Restricting uses which are
particularly susceptible to flood
damage, so as to alleviate hardship
and reduce demands for public
expenditures for -.relief and
protection. - '
D. Requiring permitted flood plain
uses, including public facilities
which serve such uses, to be pro-
tected against floods by providing
"flood proofing" and general flood
protection at the time of initial
construction.
1.2 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
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 flood plain lands
for purposes which are not in tact
suitable.
1.3 To protect the pubi'ic from the
burden of extraordinary financial
expenditures for flood control and
relief. .
A. Regulating all uses within the
flood plain district so as to produce a
method of construction and a
pattern of development which will
minimize the probability of damage
to property and loss at life or injury
to the inhabitants of the flood hazard
areas.
1.4 To protect the "storage
capacity of flood plains" and to
assure 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.
8. Prohibiting unnecessary
encroachments.
C. Encouraging uses such as
agriculture, recreation, And park-
ng.
1.5 To protect the hydraulic
characteristics of the small water-
courses, including the gulches,,
sloughs, and artificial -water
channels used-for- conveying flood,
ureters, which make up a portion of,
the urban major drainage system.
A. Regulating filling, dumping,.'
and channelization so as to maintain
natural storage capacity and slow-
flow characteristics__
B. Prohibiting encroachment into
the small watercourses to maintain
their water carrying capacity.
C. Encouraging usessuch as
greenbelt, open space, recreation,
and riding trails-.
SECTION 2.0 GENERAL PRO
visions
2.1 Jurisdiction: The jurisdiction
of the Ordinance includes all lands,
adjacent to any watercourse within
the City of Wheat Ridge, Colorado,
that would be inundated by the "100-
year flood" for that watercourse as
defined In the Definitions, Section
10,16 of this Ordinance.
2.2 interpretation: in their _
! interpretation and application, the
provisions of this Ordinance shall be
held to be minimum requirements
and shall be liberally construed in
favor of thegoverning body and
shall not be deemed a limitation or
repeal any other powers granted
by Colorado Statutes. - '
2.3 Wanting and Disclaimer of
Liability: The degree of flood
protection intended to be provided
by this Ordinance is considered
reasonable for regulatory purposes
and is based on engineering and
scientific methods of study. Larger
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 Ordinance
does not imply that areas outside
flood plain zoning district
boundaries or land' uses permitted
within such districts will always be
totally free from flooding or flood
damages- Nor shall this Ordinance
create a liability on the part of or a
cause of action against. the City of
! Wheat Ridge or any Officer or
employee thereof for. any flood
damages that may result from
reliance an this Ordinance.
2.4 Adoption of Official Maps- The
location and boundaries of Clear
Creek and Lena Gulch Flood Areas
established by this Ordinance are
shown upon the "Flood Plain Zoning
Maps of the City of Wheat Ridge,"
which are hereby incorporated into
this, Ordinance.The said zoning
maps, together-with everything
shown thereon and all amendments
' thereto; shall be as much a part of
this Ordinance as it fully set forth
and described herein. Each change
in the Official Map shall be subject
to the Amendment Procedure as
required in Section 9.0.-
SECTION 3.0NONCONFORMING
USES
3.1 The existing lawful use of a
structure or premises which is not in
conformity with the provisions of
this Ordinance may be continued
subject to the following conditions:
A. No such use shall be expanded
or enlarged except In conformity
with the provisions of this
Ordinance.
B. No structural alteration,
addition, or repair-to any
nonconforming structure over the
life of the structure shall exceed
fifty (50) percent of its assessed
value at the time of its becoming a
nonconforming use unless
permanently changed to a
conforming use.
C. If such use is discontinued for
twelve (12) consecutive months, any
future use of the building and
premises shall conform to this
Ordinance.
D. Uses or adjuncts thereof which
are nuisances shall not be permitted
to continue as nonconforming uses.,
E. Any alteration, addition, or
lit repair to any nonconforming
structure permitted pursuant to
Section 33B of this Ordinance shall
be protected by flood proofing
measures pursuant to Section
6AEO), Flood Proofing of this
Ordinance.
SECTION 4.0 FLOOD
REGULATORY DISTRICT
4.1 Application. The provisions for
this district apply to all flood plains
of watercourses in the City of Wheat
Ridge, Colorado, for which 100-year
flood data and corresponding
elevations or profiles are available,
and whicn have been approved by
the State ..Water Conservation
4.2 Description of District. The
Flood Regulatory District shah:
include the area delineated on the
maps and profiles for the 100-years
flood plain limits for the Clear Creek'
and Lena Gulch watercourses in the:
City of Wheat Ridge, Colorado,i
signed by the City Engineer and;
approved by the Colorado Water
Conservation Board, and on file and
available in the- Clerk and
Recorder's Office of Jefferson I
County.
4.3 Special Provisions: The
following regulations shall apply to
all uses within the Flood Regulatory
District, notwithstanding that such
uses may be specifically permitted
under the terms of this Ordinance.
A. The flood protection elevation
or height shall correspond to a point
one foot above the elevation or
"flood profile" shown an or attached
to the flood map for a particular
area.
B. No "structure (temporary or
[ permanent)"i fill, including fill for
roads and levees; deposit;
obstruction; storage of materials;
or other flood plain uses which
acting alone or in combination with
existing or future flood plain uses
shall be permitted that adversely
affects the efficiency or the capacity
of the floodway or increases flood
heights or adversely affects the
"storage capacity of the flood
plains" based an the assumption
that there will be an "equal degree
of encroachment" extending for a i
significant "reach" on both sides of:
the stream. - 'I
C. No flood plain uses shalk
adversely affect the efficiency of or
unduly restrict the capacity of the'
channels or floodways of any i
tributaries to the main stream,'
drainage ditches, or any- other
drainage facilities or systems.
4.4 Description of Uses. 'j
Permitted Uses: The following I
open uses shall be permitted within
the Flood Regulatory District to the
extent that they are not prohibited in
a particular area by any underlying
Zoning Ordinance.
A. Agricultural. uses such as:
i general -farming, pasture, truck
farming, forestry, sad farming, and
wild crop harvesting;
B. Industrial-commercial uses
such. as: loading areas, parking
-areas, airport landing strips,. and
'storage yards for equipment or
machinery easily moved or not
C. Public and private recreational
uses not requiring "permanent or
temporary structures" designed for
human habitation such as: parks,
swimming areas, golf,courses,
driving. ranges, picnic grounds,
wildlife and nature preserves, game
farms, fish hatcheries, shooting
preserves, target ranges, trap and
skeet ranges, and hunting,, fishing
and hiking areas;
D. Utility facilities such as:
flowage areas, transmission lines,
pipelines, water monitoring devices,
roadways, and bridges.
E. Minor or accessory uses
approved by the Planning Director
as from time to time delineated by a
Resolution of the City Council.
4.5 Special Exceptions: Any use
enumerated in this section may be
permitted only upon application to
the Planning Director and the
issuance lof a special exception
permit by the Board of Adjustment
as provided In Section 6.4 Special
Exception Permits of this
Ordinance.
A. "Structures'' Accessory to
Open Uses permitted in Section 4.4,
Description of Uses, of this
Ordinance, whether temporary or
permanent may be permitted only
upon a determination by the Board
of Adjustment pursuant to a finding
under the procedure required by
Section 6.4, Special Exception
Permits of this Ordinance that:
(1) Structures will not be designed
for humam habitation;
(2) Structures will have a low
flood damage potential;
(3) The structure or structures, if
permitted, will be constructed and
placed on the building site so as to
offer the minimum obstruction to
the flow of floodwaters;
(a) Whenever
possible, structures
.will be constructed with the
longitudinal axis parallel to the
direction of flow of flood wafers, and
(b) So far as practicable,
{structures will be placed so their
I longitudinal axis are approximately
on the same line as those of
adjoining structures.- -
(4) Structures will be firml;
anchored to prevent the structure o~
building from floating away ant
thus threatening, to further restric
bridge openings and other restrictet
sections of the stream or river; and
(5) Service facilities such a'.
electrical equipment will be at o~
above the flood protection elevatioi
for the particular area.
(6) If the structures are to a
permitted, evidence must b+
submitted by an engineer competen
in open channel hydraulics the
there will be no significan
alteration of the one (1) percen
flood flow caused by these
structures.
or Permanent for People) may
permitted only upon a finding by I
Board of Adjustment that:
(1) Such structures shall corm
with Section 4.5A (3), (4), and (5)
this Ordinance. - -
(2)The first floor, or baseml
floor of any structure to be erect)
construred, reconstructed on fill
or above a point two (2) feet abc
the-100-year flood elevation for i
particular area and the fill sh
extend at such elevation at lei
fifteen (15) feet beyond the limits
any strocure or building erect
thereon, -
C. Fil:s or Deposition of Materi'may bt., permitted only upon
finding by the Board of Adjustmi
that:
(1) Any fill or deposition
materials will comply with t
Section 4.3 Special Provisions,
this Ordinance, and
(2) The fill'or deposition
materias. will have some bene k
' purpocr. cnd the amount thereof v
not be, greater than is necessary
achieve that purpose,
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;
(3) The fill or deposition of
materials does not imprudently
reduce the flood storage capacity of
the waft, way unless a permit has
been gr:~,nfed by the City of Wheat
Ridge a.:d other -requirements of
I this section are met; and the {i6 or
deposition1 of materials does hot
encroach on that portion of the flood
plain which would have significant
and perceptible flow during the
flood, and which for that reason
would help convey the flood waters.'
Any additional filling reduces the.
hydraulic capacity and requires
appropriate hydrauliestudies and a
review of the urban impact Of such
reduction. -
(4) The fill or other materials will
be protested against erosion by rip-
rap, strong- vegetative cover, or
buikheae7ig.
(5) It is demonstrated by an
engines: competent in open channel
hydraulics that the fill or other
materia) will not significantly. alter
the flow of the one (1) percent flood.
0. The storage or precessing of
materials that are buoyant,
f lammahie, explosive, or in timesof.
flooding, could be injurious to
human, animal, or plant life, shall
be at or above the flood protection.
elevation for the particular area on
"flood proofed" in compliance with
Section 6.4E Conditions attached to
Special Exception Permits of this
Ordinance. Solid waste disposal
facilities, such as iunkyards or
jareas for the dumping of refuse
shall also require a permit from the
City of Wheat Ridge.
. E. Uses very similar in nature
permitted uses may be allowed
provided that they are consistent
with the provisions of this
Ordinanca.
! SECT( ON 3.0 EXEMPTIONS.
5.1 Exemptions: Any building or
structure as to which satisfactory
proof shall be presented to the
Board of Adjustment, as established
by the City Council, that the present
or proposed situation of such
building or structure is reasonably
necessary for the convenience or
welfare of the public shall b
exempt from the operation of this
Ordinance.
SECTION 6.0 ADMINISTRATION
6.1 Planning Director of the (:'fly of
Wheat Ridge: The Planning
Director shall administer the
provisons of this Ordinance. 6.2 Flood Plain Modification
Permit: A Flood Plain Modifcatio-n
Permit must W obtained from the
Planning Director before any
new
land use subject to the provisions of
-this Ordinance may be initiored-_
N
YF~
ciL...r (3
6 7 ,..'pilingDi spates:
following procedure shall he u
t6 Board of Adjustment in deu
contested cases in which the
location of a district boundary.is
disputed"
A. In all cases the persor
contesting the location of the district
boundary shall be given-:
reasonable opportunity to presen'
his case to the Board and to submi'
his own technical evidence if he si
desires. The Board shall not allay
deviations from the boundary line a'.
mapped unless the evidence clearl)
and conclusively established the
the mapped location of the line f:
incorrect. - -
6A Special Excaption Permits:
A. Application for: Any use liste
' in this ordinance as requiring ;
special exception permit may n
allowed only upon application to th
Planning Director and issuance of
special exception permit by th
Board of Adjustment following
public hearing.' - -
B. Procedure to be followed: UPC
receiving an application for
special exception permit involvir
the use of fill, construction I
structures, or storage of material
the Board shall, prior to rendering
decision thereon, obtain the opink
of the Planning Director and:
(1) Require the applicant
submit, at the time of application,
plan certified by a registerl
engineer, competent' in open-cha
net hydraulics, which' accurate
locates the flood plain proposal wi
respect to the district limit
channel of stream, existing fl
plain. developments, together wi
all pertinent information such as t
nature of the proposal; leg
description of the property, I
limits and elevations; building tic
elevations; and flood proof
measures, and a report covering i
effects of the proposed constructl
to the flood upon other near
residents of the flood plain.
2. Require the applicant to furn
such of the following additio;
s,
pod
by the Board for the evaluation
the effects of the proposal upon flo,
flows and flood plain storage and
render a decision _at the propos
flood plainuse. " -
(a) A typical valley cross-sec fl
showing the channel of the streai
the flood plain adjoining each side
the channel, crossseeiional area
be occupied by the propos
development, and high wal
perintent structure, fill or
elevations; Size, location an
arrangement of all props
existf e1neuctures oft t
location and elevations of
water supply, sanitary f
and soil types and other
information. '
(c) Profile showing the
the bottom of the channel of
of the stream.-
rdi se.cifications for
w ~'A
The Board shall require that the
applicant submit a plan or
document certified by a registered
pmlesslonal engineer that the flood
proofing measures are consistent
with the flood protection elevation
for the particular area.
(a) Anchorage to.resist flotation
and laterial movement. .
(b) Installation- of watertight
doors, bulkheads and shutters.
(c) Reinforcement of walls to
resist water pressures. - -
(d) Use of paints, membranes or
mortars to reduce seepage of water
through walls.
(e) Addition of mass or weight to
structures to resist f lotatlon.
(f) installation of pumps to lower
water levels in structures.
(g) Construction of water supply
and waste treatment systems- to
! provent the entrance of flood
waters.
(h) Pumping facilities for
subsurface drainage systems for
I{ buildings to relieve external,
foundation wall and basement floor
pressures.
1 (i) Construction to resist rupture
or collapse, caused by water
pressure or floating debris.
(j) Cutoff valves an sewer lines o
the elimination of gravity flow
basement drains. - Furthermore,
measures must be taken to Insure
that the construction does not fn any
way cause the one (1) percent flood)
to become more damaging to ofher,
residents at the flood plain.
SECTION 7.0 CERTIFICATE OF
COMPLIANCE
7.1 No vacant land shall be
occupied or used-and no building
hereafter erected_ altered, or
moved on the flood. plains of any
watercourse' shall be occupied until
a certificated compliance' shall
have been issued by the Planning
Director.
7.2 The Planning Director shall
request the applicant to submit a
certification by a registered
elevations, flood proctmg measure
or other flood protection facto
were accomplished in complian
with'- the provisions of th
Ordinance. The Planning Direcl
shall within ten (10) days ah
receipt of such certification fro
the applicant issue a certificate
compliance only if the building
premises and the proposed i
thereof conform. with all t
SECTION 8.0 ENFORCametr I
ANDPENALTIES
8.1 Every structure, building, fill
or development placed or
maintained within any flood plain in
violation of this Ordinance is a
public nuisance and the creation
thereof may be-enjoined and
maintenance thereof maybe abated
by action at wit 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 any flood
plain In-violation of this. Ordinance!
shall be guilty of a misdemeanor,
and upon conviction thereof, shall be
fined not more than three hundred
(6300.00) dollars-or imprisoned not
more than ninety (90) days or both.
Each day during which such
violation. exists is a separate
offense.
SECTION 9.0 AMENDMENTS
9.1 The City Council of the City of
Wheat Ridge, Colorado, may from
time to time, alter, supplement or
change the district boundaries and
the regulations contained in this
Ordinance in the manner provided
by law. A. Amendments to this ordinance
may be made on petition of any,
interested party in accordance with
the provisions of the Colorado
Revised Statutes. -
SECT] ON 10.0 DEFIN ITIONS
Unless specifically defined below,'
words or phrases used in this
Ordinance shall be interpreted so as !
to give them the same meaning as
they have at common law and to
give this Ordinance its most
reasonabf a application.
10.1 Channel - a natural or
artificial watercourse of perceptible
extent, with definite bed and banks
to conduct continuously or
periodically flowing water. Channel
flow thus is that water which is
lowing within the limits of the
defined channel.
10.2 Encroachhment Lines _ are
limits of obstruction to flood flows.
These lines are generally parallel to
the stream. The lines are
established by aswming, that the!
area landward (outside) of tne,l
;encroachment III nes may be
ultimately developed in such a way
that it will not be available to convey
f food flaws. The stream channel and
proofing," fiN ing, dredging,
grading, channel improvement,
storage of materials, water supply,
and sanitary facilities:
C. Factors upon which the
decision of the Board of Adjustment
shelf be based: The determination
of the Board on each special
exception permit shall be based on
the effects of the proposed project
with respect to the objectives and
purpose of this Ordinance as stated
in Section 1.0, Purpose, of th{s+
Ordinance.
D. The Board shall not act on an
application In the manner above
described within sixty (60) days-
from receiving the application.
E. Condition Attached to SPeciah
Exception Permits: Upon)
consideration of the factors listedl
above and the purposes of this)
Ordinance, the Board of Adjustment
may attach such conditions, in
addition to those required by special
permits, furthering s the it deems necessar)
Ordinance. Such conditions may!
include specifications for, without!
limitation because of specific;
enumeration; modification of.
sewage disposal and water supply)
facilities, modification of otherl
waste disposal methods d''
facilities, landscaping period$ Of!
operation, Operational controls,
sureties, deed restriction, and,
adequate flood proofing.
(1) Fioodproofing. Special
exception requiring flood proofing,
measures such as the following shall'
be designed
consistent with the flood protection)
elevation for the particular area as
described in the Special Provisions,
Section 4.3: and flood velocities,
forces and other factors associated
adjoining flood plains ~I' /k
lines will be maintain as c c
space and. will be adequate
convey the 100-year flood wiih !
adversely increasing flood heights,
such increase under any condition) I
not exceeding one foot. j
10.3 Equal Degree off
Encroachment - is established byl
considering the effect Of
encroachments on the hydraulic!
efficiency of the flood plain along at I
significant reach of the stream, on
bothsids_.. ' . ' - i i
.10A Flood'-water from a river,l
stream, watercourse, lake or other
body of standing water that)
temporarily overflows or inundates'
adjacent lands and which may
affect other lands and activities'
through stage elevation, backwater,'..
and/or increased ground_*wateri
level. 1,
10.5 Flood Plain - the relatively
flat or lowland area adjoining a
river, stream, watercourse, lake, or !
other body of standing water which ;
has been or may be covered!
temporarily by flood water. Far:
administrative purposes the flood(
plain may be defined as the area;
'that would-be inundated by the 100-'
year flood (U.S. Corps of Engineersi
Flood Plain Information Report",
Volume 3 - Technical Appendix,
Bear and Clear Creeks and South
Platte River Basin Report of~
January, 1966 and U.S. Corps of 1
Engineers "Flood Plain Information
Report, Volume 5-Ralston Creek,
Leyden Creek, Van Bibber Creek, at
Lena Gulch, Sanderson Gulch, and
North Sanderson Gulch of
November, 1970").
10.6 Flood Regulatory District that area represented by the flood
regulatory area which has been
approved by the Colorado Water I
Conservation Board and shown one
the Flood Plain Zoning Map in the
off ice of the City of Wheat Ridge.
10.7 Flood Regulatory Area-that:
portion of the flood plain subject to.
inundation by the 100-year flood. Its (
width is determined by the IGO-year
flood. Its length or reach is
determined by natural bounds such
as an ocean or lake, or by structures I
such as a dam or bridge, or by;
political or legal bounds.
10.8 Float Storage Area - that I
portion of the regulatory area that,
. may serve as a temporary storage
area for florid waters from the 100-
year flood and that lies landward of
the fioodway.
10.9 Food Storage District - that'
area represented by the flood
storage area which has been I
hydraulically defined and shown on
the zoning map in the office of the
City of Wheat Ridge. it exists only !
after appropriate action of the !
Board of Directors of the Urban
Drainage antl.-"_ Flood Control
. -District.
10.10 Floodway - that portion at
the regulatory area required for the
reasonable passage or conveyance,,
of the 100•year flcod. This is the area
of significant depths and velocities i
and due consideration should be !
given to effects of fill, loss of cross !
sectional flow area, and resulting
increased water surface elevations. i
10.11 Floodway District - that
area represented by the floodway I
which has been hydraulically
defined and shown on the zoning
map in the office of the City of
Wheat Ridge.
10.12 Flood Profile--a graph ora
longitudinal profile showing the
relationship of the water surface'
elevation of a flood event to location
,
along astreamorriver.
10.13 Flood Proofing - a -
combination of structural
provisions, changes, or adjustments
to properties and structures subject
to ffood']ng primarily for the-
reduction or elimination of flood
damages to properties, water and
sanitary facilities, structures, and
contents of buildings in a flood
hazard area.
10.14 Flood Protection Elevation
- an elevation one foot above the
elevation or "flood profile" of the
100•year flood under existing
channel and flood plain conditins. It
is one foot above the elevation of the
flood for the Floor Regulatory
District as shown on the zoning map
in the office Of the City of Wheat -
Ridge.
10.15 Flood stage -for purposes
of this Ordinance the term is used to
mean the height of elevation of a
flood as referred to some datum.
For other purposes it is commonly
used to refer to the elevation at
which a stream will overtop its
normal stage banks.
10th Hundred-Year Flood - is
one that has a frequency o£.
occurance of one hundred (1001.
years determined from an analysis .
of floods on a- particular.
wate,rcoOrse a,nd.,o er_
atercourses in the same general
Sion. It has about a one percent
Nance of occurring in any given
year.
10.17 Ordinary High Water Mark I
-the highest point an the bank of a
normal stage channel at which the
water level has been for a sufficient i
period of time to leave a definite 1
mark. - '
10.18 Reach - a hydraulic
engineering term to describe
ongitudinal segments of a stream i
or -river. A. reach will generally
nclude the. segment at the flood-;
plain where flood heights are 1
primarily controlled by man-made'
or natural flood plain obstructions or
restrictions. In an urban area, the segment Of a stream or river
between two consecutive bridge
crossings would most likely be a
reach.
10.19 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- Storage capacity tends to
reduce downstream flood peaks-
10.20 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, factorfs,
sheds, and cabins. -
10.21 Structure, Perm anent _a a
structure which is. Wilt of such
materials and in such a way that it
would commonly be expected to last,
and remain useful for a substantial)
period of time...; ' . '
10.22 Structure, Temporary - a~
structure which IT Wilt of such
materials and in such a way that it'.
would commonly be expected to'.
have a relatively shortuseful life, or
is built for a purpose that would
commonly be expected' to be
relatively short-term.
SECTION 11.0 SEVERASILITY
11.1 It any section„ clause,
provision or. portion of this
.Ordinance.- is. -adjudged
of competent -jurisdiction, nie
remainder of this Ordinance shall
not be affected thereby.
SECTION . 12.0 ' EFFECTIVE
DATE
12.1 This Ordinance shall take
effect and be in force thirty (30)
days after publication.
. INTRODUCED, READ,
ADOPTED AND ORDERED
PUBLISHED AND POSTED an first
reading by a vote of 3 to 1 this 9th
day of March A.D., 1972.
READ, ADOPTED AND
ORDERED PUBLISHED AND
POSTED on second and final
reading by a vote of 4 to 2 this 20th
day of April A.D., 1972.
AlbertE.Anderson
Mayor
ATTEST: r - `
Louise F Turner
4, 1972 in the l
q~tP+A1
i"'I 1 .""3
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2419 2'75