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HomeMy WebLinkAboutOrdinance-1988-0765INTRODUCED BY COUNCILMEMBER MERKL Ordinance No. 765 Series of 1988 TITLE: AN ORDINANCE AMENDING APPENDIX B, THE FLOOD PLAIN ZONING ORDINANCE, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, RELATING TO REGULATION OF THE 100-YEAR FLOOD PLAIN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Appendix B, The Flood Plain Zoning Ordinance of the Code of Laws of the City of Wheat Ridge is hereby repealed and is reenacted as follows: APPENDIX B. FLOOD PLAIN ZONING ORDINANCE SECTIONS PURPOSES 1.0 DEFINITIONS 2.0 GENERAL PROVISIONS 3.0 FLOOD REGULATORY DISTRICT 4.0 FLOODWAY DISTRICT 5.0 FLOOD STORAGE DISTRICT 6.0 NONCONFORMING USES 7.0 ADMINISTRATION 8.0 SPECIAL EXEMPTION PERMITS........ 8.3 SUBMITTAL REQUIREMENTS...... 8.3.B CERTIFICATE OF COMPLIANCE 9.0 ENFORCEMENT AND PENALTIES 10.0 AMENDMENTS 11.0 SECTION 1.0 PURPOSE 1.1 STATUTORY AUTHORIZATION. The Legislature of the State of Colorado has in Section 31- 23-301, C.R.S. (1986), delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citi- zenry. Therefore, the City Council of Wheat Ridge, Colora- do, acting pursuant to its powers and authorities granted and reserved under Article XX of the Constitution of the State of Colorado and the Home Rule Charter adopted thereun- der, does hereby ordain as follows: 1.2 FINDINGS OF FACT. 1 A. The flood hazard areas of Wheat Ridge, are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and/or velocities, and when inadequately anchored, damage uses in other areas. Flood losses are also caused by uses that are inadequately flood proofed, inadequately elevated or otherwise protected from flood damage. 1.3 PUBLIC OBJECTIVES TO BE ACHIEVED. The City Council of the City of Wheat Ridge hereby finds it in the public interest, and in the furtherance of the public health, safety, and welfare, that the following objectives be fulfilled: A. To promote the public health, safety and general wel- fare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of the "Flood Regulatory District" by: 1. Prohibiting certain uses which are dangerous to life or property in time of flood. 2. Restricting uses which would be hazardous to the public health in time of flood. 3. Restricting uses which are particularly suscepti- ble to flood damage, so as to alleviate hardship and reduce demands for public expenditures for relief and protection. 4. Restricting permitted Flood Regulatory District uses, including public facilities which serve such uses, to be protected against floods by providing flood proofing and general flood pro- tection at the time of initial construction. B. To protect occupants of the Flood Regulatory District 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: 1. Regulating the manner in which structures de- signed for human occupancy may be constructed so as to prevent danger to human life within such structures. 2 2. Regulating the method of construction of water supply and sanitation systems so as to prevent disease, contamination and unsanitary conditions. C. 3. Delineating and describing areas that could be inundated by floods so as to protect individuals from purchasing lands for purposes which are not in fact suitable. 4. Ensuring that potential buyers are notified that property is in an area of special flood hazard; 5. Ensuring that those who occupy the areas of special flood hazards assume responsibility for their actions. To protect the public from the burden of extraordinary financial expenditures for flood control and relief. 1. Regulating all uses within the Flood Regulatory District so as to produce a method of construc- tion 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; 2. Minimizing the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public; 3. Minimizing prolonged business interruptions; 4. Minimizing damage to public facilities and utili- ties such as water and gas mains, electric, tele- phone and sewer lines, streets and bridges located in areas of special flood hazard; 5. Helping maintain a stable tax base by providing for sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 6. Participating in the National Flood Insurance Program to assist property owners in obtaining adequate insurance coverage. D. To protect the hydraulic characteristics and storage capacity of Flood Regulatory District and small water- courses, including the gulches, sloughs and artifi- cial water channels used for conveying flood waters so as to promote retention of sufficient floodway area to convey flood flows which can reasonably be expected to occur by: 3 1. Regulating filling, dumping, dredging and altera- tion of channels by deepening, widening or relo- cating, so as to maintain natural storage capaci- ty and slow flow characteristics. 2. Prohibiting unnecessary encroachments. 3. Encouraging uses such as agriculture, open space, recreation, greenbelt, riding trails and parking. 4. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. 5. Restricting or prohibiting uses which are danger- ous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities. 6. Requiring that uses vulnerable to floods, includ- ing facilities which serve such uses, be protect- ed against flood damage at the time of initial construction. SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage, so as to be consistent with the definition given the term in other portions of this zoning Ordinance, and to give these regulations their most reasonable application. 2.1 APPEAL. A request for a review by the Board of Adjustment of any interpretation made by the Flood Plain Administra- tor (or his representative) of any provision of these regulations or a request for a Special Exemption Permit, from said provisions. 2.2 AREA OF SHALLOW FLOODING. A designated AO or VO zone on the current Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredicta- ble and indeterminate; and, flow may or may not be evident. 2.3 AREA OF SPECIAL FLOOD HAZARD. The land in the flood plain within a community subject to a one (1) percent or greater chance of flooding in any given year. 2.4 BASE FLOOD. The flood having a one percent chance of being equaled or exceeded in any given year. 4 2.5 CHANNEL. That area of a watercourse where water normally flows. 2.6 CRAWL SPACE. An unfinished, enclosed area beneath a habita- ble floor or a building that is uninhabitable because of its shallow height of four feet or less, but can be util- ized for storage. 2.7 DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the Flood Regulatory District. 2.8 EQUAL DEGREE OF ENCROACHMENT. Established by considering the effect of encroachments on the hydraulic efficiency of the flood plain along a significant reach of the stream, on both sides. 2.9 FLOOD OR FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff or sur- face waters from any source. 2.10 FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 2.11 FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary- Floodway map, and the water surface elevation of the base flood. 2.12 FLOOD PLAIN. See Flood Regulatory District. 2.13 FLOOD PLAIN ADMINISTRATOR. The City Engineer or his desig- nee is assigned the responsibility to coordinate and deal with all aspects of these regulations. 2.14 FLOOD PROFILE. A graph or a longitudinal profile showing the relationship of the water surface elevation of a flood event to existing ground surface along a stream or river. 2.15 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. 2.16 FLOOD PROTECTION ELEVATION. An elevation one foot above the elevation or flood profile of the One Hundred Year Flood under existing channel and flood plain conditions. It 5 is one foot above the elevation of the flood for the Flood Regulatory District as shown on the official map and engi- neering reports of the City of Wheat Ridge. 2.17 FLOOD REGULATORY DISTRICT. The area adjacent to a water- course, which is subject to flooding as the result of the occurrence of the One Hundred Year Flood. Thus, the area is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to: Mainstream Flood Plains; Debris-Fan Flood Plains; and Dry Wash Channels and Dry Wash Flood Plains. The Flood Regulatory District is composed of the Floodway District and the Flood Storage District. 2.18 FLOOD STORAGE DISTRICT. The fringe portion of the Flood Regulatory District in which flows are characteristically backwater and areas of shallow flooding. 2.19 FLOODWAY DISTRICT. The portion of the Flood Regulatory District required for the reasonable passage or conveyance of the One Hundred Year Flood which is characterized by hazardous and significant depths and velocities. 2.20 LOWEST FLOOR. The lowest enclosed area of a building in- cluding basement. However, a crawl space usable solely for storage is not considered a building's lowest floor; pro- vided that the crawl space is built in conformance with Section 6.6, DEVELOPMENT STANDARDS. 2.21 MANUFACTURED HOME. A structure that is transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. This term also in- cludes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. NOTE: This definition applies only to Flood Regulato- ry District Regulations. 2.22 MANUFACTURED HOME PARK OR SUBDIVISION. A parcel or contigu- ous parcels of land divided into two or more manufactured home lots for rent or sale. 2.23 MEAN SEA LEVEL. For purposes of the National Flood Insur- ance Program, The National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on the community's Flood Insurance Rate Map are ref- erenced. 2.24 NEW CONSTRUCTION. Structures for which the start of con- struction commences on or after the effective date of these regulations. 6 2.25 NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVI- SION. A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, final site grading, the construction of concrete pads, or the construction of streets) is completed on or after the effective date of these regulations. 2.26 ONE HUNDRED YEAR FLOOD. One that has a statistical fre- quency of occurring once in one hundred (100) years. This is determined from an analysis of floods on a particular watercourse and other watercourses in the same general region. It has about a one percent chance of occurring in any given year. 2.27 REACH. A hydraulic engineering term to describe longitudi- nal 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 may be a reach. 2.28 SIGNIFICANT REACH. A reach extending to the point upstream, downstream, and both sides of the channel where no change in elevation of the One Hundred Year flood water surface elevation occurs, as caused by permitted uses in the Flood Regulatory District. 2.29 SPECIAL EXEMPTION PERMIT. A grant of relief from the re- quirements of these regulations which permits construction in a manner that would otherwise be prohibited by these regulations. This term is synonymous with a variance. 2.30 START OF CONSTRUCTION. The date the building permit was issued for any improvement, provided that the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the con- struction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filing; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwell- ing units or not part of the main structure. 2.31 STORAGE CAPACITY OF A FLOOD PLAIN. The volume of space between a given flood stage and existing ground surface occupied by flood water of a given stage at a given time, regardless of whether or not the water is moving. 7 2.32 STRUCTURE. Anything constructed or erected, the use of which requires a more or less permanent location on or in the ground. Includes but is not limited to objects such as buildings, factories, sheds, cabins, manufactured housing and fences. This term does not include sign, utility, or light poles. 2.33 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. 2.34 STRUCTURE, TEMPORARY. A structure 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 be relatively short-term. 2.35 SUBSTANTIAL IMPROVEMENT. Any addition, repair, reconstruc- tion, or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the fair market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being re- stored, before the damage occurred. For the purposes of this definition "substantial improve- ment" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assume safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places, at the effective date of these regu- lations. 2.36 VIOLATION. The failure of a structure or other development to be fully compliant with the community's Flood Regulatory District Regulations. 2.37 WATER SURFACE ELEVATION. The height above mean sea level according to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of vari- ous magnitudes and frequencies in the Flood Regulatory District. 8 SECTION 3.0 GENERAL PROVISIONS 3.1 JURISDICTION. The provisions of this Flood Plain Ordinance shall apply to all lands within the Flood Regulatory Dis- trict as defined on the official maps and engineering reports of the City of Wheat Ridge. 3.2 DISTRICT TYPES. The Flood Regulatory District covers the area inundated by the One Hundred Year Flood. The Flood Regulatory District has been divided into two subdistricts: The Floodway District and The Flood Storage District. The Flood Regulatory District, The Floodway District, and The Flood Storage District are not separate zoning dis- tricts, but are overlay districts over existing zoning districts. In addition to meeting the conditions of the underlying zoning district, any property to be developed in the Flood Regulatory District must meet the conditions of the applicable overlay flood district. 3.3 DISTRICT DETERMINATION. Al ries of the One Hundred Yep Flood Insurance Rate Map fc be in either the Floodway shall be subject to the FLOODWAY DISTRICT, OR 6.0, TIVELY. properties within the bounda- r Flood as shown on the current r the City of Wheat Ridge shall or Flood Storage District and requirements of Sections 5.0, FLOOD STORAGE DISTRICT, RESPEC- 3.4 BOUNDARIES. The boundaries of the Flood Regulatory Dis- trict, Floodway, and Flood Storage District have been defined by computing the One Hundred Year Flood limits under existing channel and flood plain conditions as shown on the official maps and engineering reports. The boundaries of the Flood Regulatory District, Floodway District and the Flood Storage District shall be as they appear on the official maps and engineering reports kept on file in the office of the City Engineer, City of Wheat Ridge. The boundary lines on the map shall be determined by the use of the scale and other surface features appearing on the map. When there is a conflict between the boundary lines, illustrated on the map and the actual field condi- tions, the dispute shall be settled according to Section 8.2, Mapping Disputes. 3.5 INTERPRETATION. In the interpretation and application of these flood plain regulations, these provisions 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 or the Charter or ordinances of the City of Wheat Ridge. 9 3.6 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection intended to be provided by these flood plain regulations is considered reasonable for regulatory purpos- es and is based on nationally recognized and/or published engineering and scientific methods of study. Larger floods may occur on occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. These regulations do not imply that areas outside flood regulatory district bounda- ries or land uses permitted within such districts will always be totally free from flooding or flood damages. Anyone constructing new structures within the Flood Regula- tory District is accepting complete responsibility for non- regulated events. These regulations shall not create a liability on the part of or a cause of action against the City of Wheat Ridge or any officer or employee thereof for any flood damages that may result from reliance on these regulations. 3.7 OFFICIAL MAPS AND ENGINEERING REPORTS. The location and boundaries of the Flood Regulatory District shall be as shown on the current Flood Insurance Rate Map (FIRM) for the City of Wheat Ridge, (Community Panel Number 085079, dated February 4, 1988). The location and boundaries of the Floodway and Flood Storage District shall be as shown in the following engineering reports and accompanying maps: A. Clear Creek: Flood Hazard Area Delineation Report, prepared by Gingery Associates for Urban Drainage and Flood Control District, November 1979,. B. Major Drainageway Planning For Lower Clear Creek: Phase B. Prepared by Wright-McLaughlin Engineers for Urban Drainage and Flood Control District, October 1981. C. Lena Gulch: Lena Gulch Master Drainage Plan, prepared by Wright-McLaughlin Engineers for Urban and Flood Control District, June 1975. D. Request for Map Revision on Lena Gulch Wheat Ridge Colorado, Prepared by David J. Love & Associates, Inc. for the City of Wheat Ridge, Colorado, April 1986. E. Flood Insurance Study for The City of Wheat Ridge Prepared by The U.S. Army Corp of Engineers, November 1971. The Flood Insurance Rate Map and the above mentioned engi- neering reports constitute the current flood insurance study for the City of Wheat Ridge and are hereby adopted by the above reference and declared to be part of these regu- lations. The Flood Insurance Rate Map and the above men- tioned engineering reports, which constitute The Flood 10 Insurance Study are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado 80034. SECTION 4.0 FLOOD REGULATORY DISTRICT 4.1 APPLICATION AND DESCRIPTION. A. The Flood Regulatory District includes all lands that are inundated by the One Hundred Year Flood as shown on the official maps and engineering reports for the City of Wheat Ridge. Flood Regulatory District Floodway District Diagram 4.1 watercourse B. Based upon the official maps and engineering reports for the City of Wheat Ridge, the Flood Regulatory District has been separated into two subdistricts: The Floodway District and the Flood Storage District. (see diagram 4.1) C. The respective regulations of Section 5.0, FLOODWAY DISTRICT and Section 6.0, FLOOD STORAGE DISTRICT shall regulate all lands within the Flood Regulatory Dis- trict. SECTION 5.0 FLOODWAY DISTRICT 5.1 APPLICATION AND DESCRIPTION. These regulations shall apply to all properties designated as within the Floodway Dis- trict. 5.2 PERMITTED USES. The following open uses shall be permitted within the Floodway District to the extent that they are not prohibited in a particular area by any underlying zoning ordinance and do not include any structures, filling Flood Storage District 11 or deposit of materials, and does not cause any increase in the base flood elevation of the Floodway District. A. Agricultural uses such as: general farming, pasture, truck farming, forestry, sod farming and wild crop harvesting; B. Public and private recreational uses not requiring permanent or temporary structures such as: parks, swimming areas, golf courses, driving ranges, picnic grounds, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges and hunting, fishing and hiking areas; C. Utility facilities such as: flowage areas, transmis- sion lines, pipelines, water monitoring devices, roadways and bridges. D. Uses very similar in nature to these permitted uses may be allowed provided that they are consistent with the provisions of these regulations. 5.3 PROHIBITED USES. A. Structures, fill or deposition of materials shall be prohibited in the Floodway District. B. The storage or processing of materials that are buoy- ant, flammable, explosive or any hazardous liquid or soluble matter, which in times of flooding, could be injurious to human, animal or plant life, shall be prohibited within the Floodway District. SECTION 6.0 FLOOD STORAGE DISTRICT 6.1 APPLICATION AND DESCRIPTION. These regulations shall apply to all properties designated as within the Flood Storage District. 6.2 PERMITTED USES. The permitted uses in the Flood Storage District are the same as those uses permitted in Section 5.2,PERMITTED USES IN THE FLOODWAY DISTRICT. However in the Flood Storage District, Special Exemption Permits may be applied for as specified in Sections 6.3 and 6.4, SPECIAL EXEMPTIONS-CLASS I AND II. 6.3 SPECIAL EXCEPTIONS-CLASS I. Any use enumerated in this section may be permitted only upon the issuance of a Class I Special Exception Permit by the Flood Plain Administrator as provided in Section 8.3, Special Exception Permits, and in compliance with Section 6.6, DEVELOPMENT STANDARDS. 12 A. STRUCTURES FOR NON-HUMAN OCCUPANCY. Fences, sheds, signs, and accessory buildings may be permitted only upon a finding that the structures do not create a negative impact on the base flood elevation or flow velocity. B. STRUCTURES FOR HUMAN OCCUPANCY. Improvements to exist- ing structures may be permitted only upon a finding that the improvements proposed are not substantial improvements, as defined in Section 2.35. C. FILL OR DEPOSITION OF MATERIAL. Fills or deposition of materials may be permitted only upon a finding that the proposed plan will comply with Section 6.6, DEVEL- OPMENT STANDARDS. 6.4 SPECIAL EXCEPTIONS-CLASS II. Any use enumerated in this section may be permitted only upon the issuance of a Class II Special Exception Permit by the Board of Adjustment as provided in Section 8.3, Special Exception Permits, and in compliance with Section 6.6, DEVELOPMENT STANDARDS. A. STRUCTURES FOR HUMAN OCCUPANCY. New construction or substantial improvement of any residential, commer- cial, industrial, or other non-residential structure may be permitted only upon a certification by a regis- tered professional engineer to the Flood Plain Admin- istrator that the lowest floor, including basement, is elevated to one foot or more above the base flood elevation. B. MANUFACTURED HOMES. New manufactured home parks and manufactured home subdivisions, expansions of existing manufactured home parks and manufactured home subdivi- sions and existing manufactured home parks and manu- factured home subdivisions where the repair, recon- struction, or improvement of the street utilities exceeds 50 percent of the fair market value of the streets, utilities, and pads before the repair, recon- struction, or improvement has commenced and for manu- factured homes not placed in a manufactured home park or manufactured home subdivision, may be permitted only upon a certification by a registered professional engineer to the Flood Plain Administrator that: 1. All manufactured homes or those to be substan- tially improved shall be elevated on a permanent foundation such that the lowest floor or the manufactured home is elevated one foot or more above the base flood elevation and is securely anchored to an adequately anchored foundation system. Manufactured homes shall be anchored in accordance with Section 6.6.L, DEVELOPMENT STAN- DARDS. 13 2. Adequate surface drainage and access for a hauler will be provided. 6.5 PROHIBITED USES. A. HAZARDOUS MATERIALS. The storage or processing of materials that are buoyant, flammable, explosive or any hazardous liquid or soluble matter, in times of flooding, could be injurious to human, animal or plant life, shall be prohibited within the Flood Storage District. 6.6 DEVELOPMENT STANDARDS. The following regulations shall apply to all permitted development and uses within the Flood Storage District. A. All new structures, which are walled and roofed and greater than 120 square feet in size, must be elevated one foot above the base flood elevation. B. All development shall be evaluated based on any analy- sis of an equal degree of encroachment based on con- veyance of the 100-year flood extending for a signifi- cant reach on both sides. C. No Flood Storage District uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. D. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and to withstand hydrodynamic loads. E. All new construction and substantial improvements shall be constructed with materials and utility equip- ment resistant to flood damage. F. All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. G. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the compo- nents during conditions of flooding. 14 H. All development proposals shall have adequate drainage provided to reduce exposure to flood damage. I. All new and replacement water supply, sanitary sewage, or on-site disposal systems shall be designed and located so as to minimize or eliminate infiltration of flood waters into them and discharge from the systems into flood waters. J. All subdivision proposals shall be consistent with the need to minimize flood damage. K. All development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; L. All manufactured homes to be placed within the Flood Regulatory District must be elevated and anchored to resist flotation, collapse, or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads created by the One Hundred Year Flood. Methods of anchoring may include, but are not limited to use of over the top and frame ties to ground anchors. Specific requirements may be: 1. Over-the-top ties be provided at each of the four corners of the manufactured home with two addi- tional ties per side at intermediate locations and manufactured homes less than fifty feet long requiring one additional tie per side; 2. Frame ties be provided at each corner of the home with five additional ties per side at intermedi- ate points and manufactured homes less than fifty feet long requiring four additional ties per side; 3. All components of the anchoring system be capable of carrying a force of 4800 pounds; and 4. Any additions to the manufactured home be simi- larly anchored. M. Any fill or deposition of materials must be shown to have some beneficial purpose and the amount thereof will not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material and the use to which the filled land will be put; N. Any fill or deposition that does reduce hydraulic capacity shall require appropriate hydraulic studies 15 including an equal degree of encroachment analysis and a review of the urban impact of such reduction. 0. Any fill or deposition will be protected against erosion by riprap, strong vegetative cover, bulkhead- ing, or other accepted means of erosion protection. P. All fences shall be designed so that the bottom por- tion, except for supporting fence posts, is elevated one foot above base flood elevation or in a breakaway design if approved by the Flood Plain Administrator. SECTION 7.0 NONCONFORMING USES 7.1 The existing lawful use of a structure or premises which is not in conformity with the provisions of these regulations may be continued subject to the following conditions: A. No such use shall be expanded or enlarged except in conformity with the provisions of these regulations. B. No substantial improvement to any nonconforming struc- ture over the life of the structure shall be allowed unless the non-conforming use is permanently changed to a conforming use. C. If such use is discontinued for twelve (12) consecu- tive months, any future use of the building and prem- ises shall conform to these regulations. D. Uses or adjuncts thereof which are nuisances shall not be permitted to continue as nonconforming uses. E. Any alteration, addition, or repair to any nonconforming structure permitted pursuant to Section 7.1.B of these regulations shall be protected by flood proofing measures pursuant to Section 8.3.D.1, Flood Proofing. SECTION 8.0 ADMINISTRATION 8.1 THE FLOOD PLAIN ADMINISTRATOR. The City Engineer of the City of Wheat Ridge or his designee shall be the Flood Plain Administrator. The duties of the Administrator shall include, but not be limited to: A. COORDINATION BETWEEN DEPARTMENTS AND DIVISIONS 1. Coordinate the application, permit, review, appeal, certification, and enforcement processes between the officer of the City Engineer and the Department of Planning and Development's Divi- sions of Planning, Building, and Code Enforcement as appropriate to ensure compliance with these regulations and an efficient use of staff. 16 2. All applications and certifications shall be submitted to the Department of Planning and Development, from which further routing shall occur. B. C. D. 3. All administrative decisions require the property to be posted for 15 days. If no protests are filed, the permit may be issued by the flood plain administrator. If a protest is filed, then a hearing before the Board of Adjustment will be scheduled. DEVELOPMENT PERMIT REVIEW 1. Review all development permits, which includes building, miscellaneous, and fill permits, to determine whether a property is within the Flood Regulatory District and that the applicable requirements of these regulations have been satisfied. 2. Review all development permits to determine that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required. INFORMATION TO BE OBTAINED AND MAINTAINED 1. Obtain certification from applicant's engineer or architect and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. 2. Maintain for public inspection all records per- taining to the provisions of these regulations. 3. All records required by these regulations shall be maintained with the associated development permits in the Department of Planning and Devel- opment. USE OF OTHER BASE FLOOD DATA 1. When base flood elevation data has not been provided by the applicant or his representative, the Flood Plain Administrator may obtain, review, and reasonably utilize any base flood and floodway elevation data available from federal, state, or other sources, as criteria for requir- ing that new construction, substantial improve- ments or other development in the Flood Regulato- ry District, in order to administer Sections 17 6.3, SPECIAL EXCEPTIONS-CLASS I; Section 6.4, SPECIAL EXCEPTIONS-CLASS II; Section 6.6, DEVEL- OPMENT STANDARDS. E. ALTERATION OR RELOCATION OF WATERCOURSES 1. No alteration or relocation of a watercourse shall occur without the approval of the Flood Plain Administrator. a. Consideration of gravel extraction opera- tions shall be in accordance with state law (C.R.S. 3-4-1-301). 2. Upon receiving approval, the applicant shall notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evi- dence of such notification to the Federal Emer- gency Management Agency. The applicant shall provide all data required by the Federal Emergen- cy Management Agency for a Letter of Map Revi- sion. 3. The carrying capacity of an altered or relocated watercourse shall be maintained. F. INTERPRETATION OF FLOOD INSURANCE RATE MAP (FIRM) BOUNDARIES 1. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped bounda- ry and actual field conditions). Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 8.2, MAP- PING DISPUTES. 8.2 MAPPING DISPUTES. The following procedure shall be used by the Flood Plain Administrator 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 district boundary shall be given a reasonable opportunity to submit his own technical evidence if he so desires. The Flood Plain Administrator shall not allow deviations from the boundary line as mapped. If the evidence clearly and conclusively establishes that the mapped location of the line is incorrect, a Feder- al Emergency Management Agency Letter of Map Revision must be completed by the applicant prior to the issu- ance of a building permit. 18 B. The Administrator shall render a written opinion within 30 days following receipt of the applicant's technical evidence setting forth the findings of fact and the reasons for the decision. C. Contestants shall have the right to appeal such deci- sions to the Board of Adjustment. Application for appeal must be made within 30 days. 8.3 SPECIAL EXCEPTION PERMITS. a. APPLICATION. There shall be two types of Special Exemption Permits: Class I and Class II. Any use listed in Section 6.3, SPECIAL EXCEPTIONS-CLASS I may be allowed only upon issuance of a Class I Special Exception Permit by the Flood Plain Administrator. Any use listed in Section 6.4, SPECIAL EXCEPTIONS-CLASS II may be allowed only upon issuance of a Class II Spe- cial Exception Permit by the Board of Adjustment. The approval of either Special Exception Permit does not substitute for any other permit that may be required by City Ordinance, (such as building, miscellaneous, or fill permits). b. SUBMITTAL REQUIREMENTS. Pursuant to a Special Excep- tion Permit Application, the Administrator may: 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 applicant's proper- ty with respect to the Flood Regulatory District limits, channel of stream, existing Flood Regula- tory District developments, together with all pertinent information such as the nature of the proposal; legal description of the property, fill limits and elevations; building's lowest floor elevations in relation to the datum used on the Federal Emergency Management Agency map and study; and flood proofing measures and elevation in relation to mean sea level to which any struc- ture has been flood proofed, a report covering the effects of equal degree of encroachment of other nearby residents of the Flood Regulatory District and a description to the extent to which any watercourse will be altered or relocated as a result of the proposed development. In addition, all subdivision proposals and other proposed new developments, which are located in an Flood Regulatory District shall include within such proposals base flood elevations. 19 2. Require the applicant to furnish as much of the following additional information as is deemed necessary by the Flood Plain Administrator 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 Regulato- ry District 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 pro- posed development, and high water informa- tion. b. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply sanitary facilities, and soil types and other pertinent information. C. Profile showing the slope of The 100 Year Flood and the bottom of the channel or thalweg of the stream. d. Specifications for building construction and materials, flood proofing, filling, dredg- ing, grading, channel improvement, storage of materials, water supply, and sanitary facilities. E. Hydraulic calculations for all proposed channelization. C. FACTORS UPON WHICH THE DECISION SHALL BE BASED. The determination of the Flood Plain Administrator or the Board of Adjustment on each Special Exemption Permit shall be based on the effects of the proposed project with respect to the objectives and purpose of these regulations as stated in Section 1.0, Purpose. D. CONDITIONS ATTACHED TO SPECIAL EXCEPTION PERMITS. Upon consideration of the factors listed above and purposes of these regulations, the Flood Plain Administrator or Board of Adjustment may attach such conditions, as deemed necessary in furthering the purposes of these regulations. A copy of these conditions shall be presented to the applicant and a copy of these condi- tions shall be transmitted to the Chief Building Inspector, which shall be kept on file. 20 Such conditions may include specifications for, with- out limitation because of specific enumeration; modi- fication of sewage disposal and water supply facili- ties, modification of other waste disposal methods and facilities, landscaping periods of operation, opera- tional controls, sureties, deed restriction, and adequate flood proofing. 1. FLOOD PROOFING. Special Exception Permits re- quiring flood proofing measures such as the following shall be designed consistent with the flood protection elevation for the particular area and flood velocities, forces and other factors associated with the flood protection elevation. The Flood Plain Administrator 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. FLOOD PROOFING MEASURES MAY INCLUDE THE FOLLOW- ING: a. Anchorage to resist flotation and lateral 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 flotation. f. Installation of pumps to lower water levels in structures. g. Construction of water supply and waste treatment systems to prevent the entrance of flood waters. h. Pumping facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pres- sures. 21 i. Construction to resist rupture or collapse, caused by water pressure or floating debris. j. Cutoff valves on sewer lines or the elimina- tion of gravity flow basement drains. Furthermore, measures must be taken to ensure that the construction does not in any way cause the One Hundred Year flood to become more damag- ing to other residents within the Flood Regulato- ry District. E. CLASS I SPECIAL EXEMPTION PERMITS: TIMELINESS OF DECISION. The Flood Plain Administrator shall render, within 30 days of receipt of all necessary application documents and materials, a written decision granting or denying a permit application. If a denial is made, the decision shall set forth the Administrator's findings of fact and reasons for the denial. In the event the Flood Plain Administrator fails to render a decision within said thirty (30) days, it shall be deemed that the application is denied and applicants shall have a right to appeal as provided herein. Applicants shall have the right to appeal any adverse decision to the Board of Adjustment. Such application for appeal must be made within 30 days from the date of the Flood Plain Administrator's decision. 8.4 REVIEW BY THE BOARD OF ADJUSTMENT. A. The Board of Adjustment of the City of Wheat Ridge shall hear and decide appeals of Class I Special Exemption Permits, which have been denied by the Flood Plain Administrator and requests for Class II Special Exemption Permits as provided within these regula- tions. B. The Board of Adjustment shall hear and decide appeals of Class I Special Exemption Permits when it is al- leged there is an error in any requirement, decision, or determination made by the Flood Plain Administrator in the enforcement or administration of these regula- tions. C. Those aggrieved by the decision of the Board of Ad- justment may appeal such decisions to the Jefferson County District Court, as provided by the Wheat Ridge Code of Laws. D. In passing upon such application, the Board of Adjust- ment shall consider all technical evaluation, all relevant factors, and standards specified in other sections of these regulations, and: 22 1. The danger that materials may be swept into other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with the existing and anticipated development; 8. The relationship of the proposed use to the Com- prehensive Development Plan and Flood Plain Man- agement Program for the area; 9. The safety of access to the property during times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, streets and bridges. E. Upon consideration of the factors of Section 8.4.D of these regulations, the Board of Adjustment may attach such conditions to the granting of Special Exemption Permits as it deems necessary to further the purposes of these regulations. F. The Flood Plain Administrator shall maintain the re- cords of all appeal actions, including technical infor- mation, and report any Special Exemption Permits to the Federal Emergency Management Agency, upon request. 8.5 CONDITIONS FOR SPECIAL EXEMPTION PERMITS. 23 A. Special Exemption permits may be issued for the recon- struction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. B. Special Exemption Permits shall not be issued within any designated Floodway District. C. Special Exemption Permits shall only be issued upon a determination that the Special Exemption Permit is the minimum necessary, considering the flood hazard, to afford relief. D. Special Exemption Permits shall only be issued upon: 1. A showing of good and sufficient cause; 2. A determination that failure to grant the Special Exemption Permit would result in exceptional hardship to the applicant; and 3. A determination that the granting of a Special Exemption Permit will not result in increased flood heights, additional threats to public safe- ty, extraordinary public expense, create nuisanc- es, cause fraud on or victimization of the public as identified in Section 1.3, PUBLIC OBJECTIVES TO BE ACHIEVED or conflict with existing local laws or ordinances. SECTION 9.0 CERTIFICATE OF COMPLIANCE 9.1 No vacant land shall be occupied or used and no building hereafter erected, altered or moved into the Flood Regula- tory District until a Special Exemption Permit has been issued by the Flood Plain Administrator oi the Board of Adjustment, indicating that the use or proposed use or structure complies with the provisions herein. 9.2 A Certificate of Compliance shall be applied for upon com- pletion of any project, construction, or use for which a Special Exception Permit was granted, and the excepted land use shall not commence until a Certificate of Compliance is issued. 9.3 Issuance of a Certificate of Compliance by the Flood Plain Administrator shall be required before a Certificate of Occupancy may be issued by the Department of Planning and Development. The Certificate of Compliance shall indicate that there has been compliance with these Flood Regulatory District regulations and any conditions attached to a Spe- cial Exemption. 24 9.4 The Flood Plain Administrator shall require the applicant, when applicable, to submit a certification by a registered professional engineer or architect that the finished fill and building floor elevations, flood proofing measures, or other flood protection factors were accomplished in compli- ance with the provisions of these regulations and any condi- tions attached to a Special Exemption Permit. The Flood Plain Administrator shall within ten (10) days after receipt of such certification from the applicant issue a Certificate of Compliance only if the building or premises and the proposed use thereof conform with all the requirements of these regulations and any conditions attached to a Special Exemption Permit. Said submitted certification, along with a copy of the Certificate of Compliance shall be kept on record in the Department of Planning and Development. SECTION 10.0 ENFORCEMENT AND PENALTIES 10.1 Every structure, building, fill or development placed or maintained within the Flood Regulatory District in viola- tion of these regulations 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 the Flood Regulatory District in violation of these regulations shall be guilty of a misdemeanor and upon con- viction thereof, shall be fined not more than nine hundred and ninety nine ($999.) dollars or imprisoned not more than one hundred eighty (180) days or both. Each day during which such violation exists is a separate offense. In the event it becomes necessary for the City to bring action to enjoin or abate any such violation of this Section 10.1, the City shall be entitled to recover, in addition to any fine or penalty imposed hereby, its cost of bringing said action and/or abating any such structure, building, fill or development placed or maintained within the Flood Regulatory District, which costs shall include attorneys fees as well as the actual costs incurred by the City. SECTION 11.0 AMENDMENTS 11.1 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 these regula- tions in the manner provided by law. Section 2. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. 25 Section 3. Safety Clause. The City Council hereby finds, deter- mines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found else- where in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect one (1) day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 23rd day of May, 1988, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for June 13th, 1988, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 13th day of June, 1988. SIGNED by the Mayor on this 14th day of June, 1988. Dan Wilde, Mayor ATTEST: i Wanda Sang, Ci4tl 1s t Publication: May 26, 1988 APPROVED AS TO FORM BY 2nd Publication: June 23, 1988 OFFICEJF C TTY ATT01NE ~ / Wheat Ridge Sentinel /E_.Hayes Effective Date: June 24, 1988 Joh 26