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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. _ e .Y -3- 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. -5-- 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) -6- 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. • 1 -7- 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. _g- Gk- (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. -10- 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 . L! 7 2419 2'75