HomeMy WebLinkAboutOrdinance 1716CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER HOPPE
Council Bill No. 10
Ordinance No. 1716
Series of 2021
TITLE: AN ORDINANCE AMENDING CHAPTERS 2 AND 26 OF THE
CODE OF LAWS OF THE CITY OF WHEAT RIDGE TO
PROHIBIT TENTS AND MAKESHIFT STRUCTURES WITHIN
THE FLOODPLAIN AND TO AMEND THE FLOODPLAIN
PERMITTING AND VARIANCE PROCESSES
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political
subdivision of the State of Colorado organized and existing as a home rule municipality
pursuant to Article XX of the Colorado Constitution and the home rule charter for the
City (the "Charter"); and
WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of
local self-government and home rule and all the power possible for a municipality to
have under the Constitution and laws of the State of Colorado; and
WHEREAS, under this home rule authority and C.R.S. § 31-23-301, the City has
the authority to establish, regulate, restrict, and limit uses on or along any storm or
floodwater runoff channel or basin, as such storm or floodwater runoff channel or basin
has been designated and approved by the Colorado water conservation board, in order
to lessen or avoid the hazards to persons and damage to property resulting from the
accumulation of storm or floodwaters; and
WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("City
Council") previously adopted floodplain control regulations, codified as Article VIII of
Chapter 26 of the Wheat Ridge Code of Laws; and
WHEREAS, the City Council finds that the location of tents and similar moveable
makeshift structures used for human occupancy within the floodplain presents a serious
threat to the life, safety and well-being of both the inhabitants of the temporary
structures and others; and
WHEREAS, such threats include the risk of death and injury from drowning, such
as the drowning death of a 38-year-old woman during a high water event in North Dry
Gulch in Lakewood on July 21, 2019; the risk to first responders presented by swift-
water rescues of inhabitants of makeshift structures during times of flood; the
contribution of debris and materials from makeshift structures to the flood load,
potentially clogging bridge and culvert openings; and the byproducts of human
habitation, such as trash and feces, polluting the floodwaters, endangering the public at
large; and
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WHEREAS, the City Council further finds that floodplain permits are best
reviewed and decided by someone with experience and training in flood control rules,
methods and technical issues, such as the City Floodplain Administrator, with a level of
review and appeal to the Building Code Advisory Board, the City board most familiar
with technical building code interpretation and application; and
WHEREAS, the City Council therefore desires to amend the City flood control
regulations to prohibit tents and makeshift structures within the floodplain, to authorize
the Floodplain Administrator to issue floodplain permits and to authorize the Building
Code Advisory Board to hear and decide appeals and variances concerning flood
control, all in furtherance of the public health, safety and welfare.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. The first sentence of Subsection 2-53(d) of the Code of Laws,
concerning the Board of Adjustment voting rules, is hereby amended as follows:
(d)Notwithstanding any other provision in this section, the following voting
rules shall be in effect for all matters requiring decision by the board of
adjustment to grant any variance, waiver, temporary building or use
permit, OR any interpretation or floodplain special exception permit (or for
any matter requiring decision by the planning commission or the city
council under Section 26-6(D) of the Zoning Ordinance of the city):
Section 2. Section 2-59 of the Code of Laws, concerning the City Building Code
Advisory Board, is hereby amended by the addition of the following new subsection (h),
to read in its entirety:
(H) THE BUILDING CODE ADVISORY BOARD SHALL HAVE THE
AUTHORITY TO HEAR AND DECIDE APPEALS FROM DECISIONS OF
THE FLOODPLAIN ADMINISTRATOR AND VARIANCE APPLICATIONS
UNDER ARTICLE VIII OF CHAPTER 26 OF THIS CODE.
Section 3. Subsection 2-61(a) of the Code of Laws, concerning the Board of
Adjustment, is hereby amended as follows:
(a)The board of adjustment shall have the authority to hear and decide
requests for variances and waivers of the city zoning ordinance, floodplain
zoning ordinance, and sign code, and for interpretation of those
ordinances and codes and the subdivision regulations, subject to those
guidelines set forth in the Zoning Ordinance, section 26.D., and as
approved by the city council in the form of official rules and regulations for
the board of adjustment.
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Section 4. Section 26-106 of the Code of Laws, concerning the review process
chart, is hereby amended in the second to last row as follows:
Approval
Requested
Pre-Application Final
Notes Staff Neighborhoo
d
Staf
f
PC CC BO
A
URP
C
Floodplain
Permit – Class II 4X A H § 26-806
Section 5. Section 26-802 of the Code of Laws, concerning definitions related to
the Floodplain Regulations, is hereby amended by the addition of the following new
definition:
BCAB. THE WHEAT RIDGE BUILDING CODE ADVISORY BOARD,
AS ESTABLISHED AND DEFINED BY SECTION 2-59 OF THIS CODE.
Section 6. Subsection 26-805.B.2. of the Code of Laws, concerning permitted
uses within the Floodway, is hereby amended as follows:
Sec. 26-805. - Floodway regulations.
B.Permitted uses. The following open uses shall be permitted
within the floodway to the extent that they are not prohibited in a particular
area by any underlying zoning and do not include any structures, filling or
deposition of materials, and do not cause any increase in the base flood
elevation of the floodway.
2.Public and private recreational uses not requiring permanent
or temporary structures such as parks, swimming areas, picnic
grounds, wildlife and nature preserves, and fishing and hiking
areas, EXPRESSLY EXCLUDING ANY USE INVOLVING TENTS
OR MAKESHIFT STRUCTURES USED FOR HUMAN
HABITATION.
Section 7. Subsection 26-805.D.2. of the Code of Laws, concerning prohibited
uses within the Floodway, is hereby amended as follows:
D.Prohibited uses.
2.ALL USES PROHIBITED WITHIN THE SFHA UNDER SECTION
26-806.C. The storage or processing of materials that are buoyant,
flammable, or explosive, or any hazardous liquid or soluble matter which
in times of flooding could be injurious to human, animal or plant life shall
be prohibited within the floodway.
Section 8. Subsection 26-806.C of the Code of Laws, concerning prohibited
uses within the Special Flood Hazard Area, is hereby amended as follows:
Sec. 26-806. - Special flood hazard area regulations.
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C.Prohibited uses.
1.Hhazardous materials. The storage or processing of
materials that are buoyant, flammable, or explosive, or any
hazardous liquid or soluble matter which in times of flooding could
be injurious to human, animal, or plant life shall be prohibited within
the SFHA.
2.TENTS AND MAKESHIFT STRUCTURES. TENTS AND
MAKESHIFT STRUCTURES, ENCLOSURES OR OTHER
SHELTERS USED FOR HUMAN HABITATION ARE PROHIBITED
WITHIN THE SFHA, EXCEPT IN LOCATIONS EXPRESSLY
PERMITTED BY THE FLOODPLAIN ADMINISTRATOR AND
HAVING ADEQUATE SANITATION FACILITIES AND FLOOD
EVACUATION PLANS.
Section 9. Section 26-808 of the Code of Laws, concerning the administration of
the City’s Floodplain Control regulations, is hereby amended as follows:
Sec. 26-808. - Administration.
A.Floodplain administrator. The community development director of
the City of Wheat Ridge or designee shall be the floodplain
administrator. The duties of the administrator shall include, but not be
limited to:
1.Coordination between departments and divisions:
a.Coordinate the application, permit, review, appeal,
certification, and enforcement processes between the office of
the floodplain administrator and other departments and divisions
as appropriate to ensure compliance with these regulations and
an efficient use of staff.
b.All applications and certifications shall be submitted to the
community development department from which further routing
to other departments and divisions and utility companies shall
occur.
c. All administrative decisions require the property to be posted
for fifteen (15) days. If no protests are filed, the permit may be
issued by the floodplain administrator. If a protest is filed, then a
public hearing before the board of adjustment will be scheduled
following the applicable noticing and other requirements of
section 26-109.
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2.Development permit review:
a.Review all development permits, which include building
permits, to determine whether a property is within the SFHA and
that the applicable requirements of these regulations have been
satisfied.
b.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.
3.Information to be obtained and maintained:
a.Obtain certification from applicant's engineer and record the
actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved
structures.
b.Maintain for public inspection all records pertaining to the
provisions of these regulations.
c.All records required by these regulations shall be maintained
with the associated development permits in the community
development department.
4.Use of other base flood data. When base flood elevation
data has not been provided by the applicant or his representative,
the floodplain administrator may obtain, review, and reasonably
utilize any base flood and floodway elevation data available from
federal, state, or other sources as criteria for requiring that new
construction, substantial improvements, or other development in
the SFHA in order to administer subsections 26-806C., D. and F.
5.Alteration or relocation of watercourses:
a.No alteration or relocation of a watercourse shall occur
without the approval of the floodplain administrator. Consideration
of gravel extraction operations shall be in accordance with state
law (C.R.S. § 3-4-1-301).
b.Upon receiving approval, the applicant shall notify adjacent
communities and the Colorado Water Conservation Board prior to
any alteration or relocation of a watercourse and submit evidence
of such notification to FEMA. The applicant shall provide all data
required by FEMA for a letter of map revision.
c.The carrying capacity of an altered or relocated watercourse
shall be maintained.
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6. Interpretation of digital flood insurance rate map (DFIRM)
boundaries. The floodplain administrator shall make interpretations,
where needed, as to the exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to
be a conflict between a mapped boundary and actual field
conditions). Any person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation
as provided in subsection B., below.
B. Mapping disputes. The following procedure shall be used by the
floodplain administrator in deciding contested cases in which the
location of a district boundary is disputed:
1. In all cases, the person contesting the location of the district
boundary shall be given a reasonable opportunity to submit his own
technical evidence if he so desires. The floodplain administrator
shall not allow deviations from the boundary line as mapped. If the
evidence clearly and conclusively establishes that the mapped
location of the line is incorrect, a FEMA letter of map revision must
be completed by the applicant prior to the issuance of a
development permit.
2. The administrator shall render a written opinion within thirty
(30) days following receipt of the applicant's technical evidence
setting forth the findings of fact and the reasons for the decision.
3. Applicants shall have the right to appeal such decisions to
the BCAB board of adjustment. Application for appeal must be
made within thirty (30) days.
C. Floodplain permits:
1. Application. There shall be two (2) types of floodplain
permits: Class I and Class II. The approval of either floodplain
permit does not substitute for any other permit that may be required
by city ordinance, such as building permits.
2. Floodplain permit—Class I. Any use enumerated in this
paragraph may be permitted only upon the issuance of a Class I
floodplain permit by the floodplain administrator and in compliance
with section 26-806.D.
a. Structures for non-human occupancy. Fences, sheds, signs,
and accessory buildings may be permitted only upon a finding
that the structures do not create a negative impact on the base
flood elevation or flow velocity.
b. PERMANENT Structures for human occupancy.
Improvements to existing structures may be permitted only upon
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a finding that the improvements proposed are not substantial
improvements, as defined in section 26-802. TEMPORARY
STRUCTURES FOR HUMAN OCCUPANCY, SUCH AS TENTS
OR MAKESHIFT STRUCTURES ARE NOT PERMITTED
WITHIN THE SFHA, EXCEPT IN LOCATIONS EXPRESSLY
PERMITTED BY THE FLOODPLAIN ADMINISTRATOR AND
HAVING ADEQUATE SANITATION FACILITIES AND FLOOD
EVACUATION PLANS.
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 26-806.D.
3.Floodplain permit—Class II. Any use enumerated in this
paragraph may be permitted only upon the issuance of a Class II
floodplain permit by the FLOODPLAIN ADMINISTRATOR board of
adjustment after a public hearing and in compliance with section
26-806.D. AND SECTION 26-808.C.4.
a.PERMANENT Structures for human occupancy. New
construction or substantial improvement of any residential,
commercial, industrial, or other nonresidential structure may be
permitted only upon a certification by a registered professional
engineer to the floodplain administrator that the lowest floor,
including basement, is elevated to one (1) foot or more above
the base flood elevation. TEMPORARY STRUCTURES FOR
HUMAN OCCUPANCY, SUCH AS TENTS OR MAKESHIFT
STRUCTURES ARE NOT PERMITTED WITHIN THE SFHA,
EXCEPT IN LOCATIONS EXPRESSLY PERMITTED BY THE
FLOODPLAIN ADMINISTRATOR AND HAVING ADEQUATE
SANITATION FACILITIES AND FLOOD EVACUATION PLANS.
b.Manufactured homes. New manufactured home parks and
manufactured home subdivisions, expansions of existing
manufactured home parks and manufactured home
subdivisions, and existing manufactured home parks and
manufactured home subdivisions where the repair,
reconstruction or improvement of the street utilities exceeds fifty
(50) percent of the fair market value of the streets, utilities, and
pads before the repair, reconstruction, or improvement has
commenced, and for manufactured homes not placed in a
manufactured home park or manufactured home subdivision,
may be permitted only upon a certification by a registered
professional engineer to the floodplain administrator that:
(1)All manufactured homes or those to be substantially
improved shall be elevated on a permanent foundation such
that the lowest floor of the manufactured home is elevated
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one (1) foot or more above the base flood elevation and is
securely anchored to an adequately anchored foundation
system. Manufactured homes shall be anchored in
accordance with subsection D.12. of section 26-806; and
(2)Adequate surface drainage and access for a hauler
will be provided.
4.CLASS II FLOODPLAIN PERMIT REVIEW CRITERIA: THE
FLOODPLAIN ADMINISTRATOR SHALL BASE THE DECISION
TO APPROVE, CONDITIONALLY APPROVE OR DENY AN
APPLICATION FOR A CLASS II FLOODPLAIN PERMIT BASED
UPON THE FOLLOWING FACTORS:
A.THE DANGER THAT MATERIALS MAY BE SWEPT INTO
OTHER LANDS TO THE INJURY OF OTHERS;
B.THE DANGER TO LIFE AND PROPERTY DUE TO
FLOODING OR EROSION DAMAGE;
C.THE SUSCEPTIBILITY OF THE PROPOSED FACILITY
AND ITS CONTENTS TO FLOOD DAMAGE AND THE
EFFECT OF SUCH DAMAGE ON THE INDIVIDUAL OWNER;
D.THE IMPORTANCE OF THE SERVICES PROVIDED BY
THE PROPOSED FACILITY TO THE COMMUNITY;
E.THE NECESSITY TO THE FACILITY OF A WATERFRONT
LOCATION, WHERE APPLICABLE;
F.THE AVAILABILITY OF ALTERNATIVE LOCATIONS FOR
THE PROPOSED USE WHICH ARE NOT SUBJECT TO
FLOODING OR EROSION DAMAGE;
G.THE COMPATIBILITY OF THE PROPOSED USE WITH
THE EXISTING AND ANTICIPATED DEVELOPMENT;
H.THE RELATIONSHIP OF THE PROPOSED USE TO THE
COMPREHENSIVE DEVELOPMENT PLAN AND
FLOODPLAIN MANAGEMENT PROGRAM FOR THE AREA;
I.THE SAFETY OF ACCESS TO THE PROPERTY DURING
TIMES OF FLOOD FOR ORDINARY AND EMERGENCY
VEHICLES;
J.THE EXPECTED HEIGHTS, VELOCITY, DURATION, RATE
OF RISE, AND SEDIMENT TRANSPORT OF THE
FLOODWATERS EXPECTED AT THE SITE;
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K. THE COSTS OF PROVIDING GOVERNMENTAL
SERVICES DURING AND AFTER FLOOD CONDITIONS,
INCLUDING MAINTENANCE AND REPAIR OF PUBLIC
UTILITIES AND FACILITIES, SUCH AS SEWER, GAS,
ELECTRICAL, AND WATER SYSTEMS, STREETS, AND
BRIDGES; AND
L. COMPLIANCE WITH APPLICABLE STATE AND FEDERAL
FLOODPLAIN REGULATIONS.
5. Submittal requirements. The applicant for a floodplain permit
shall provide the following information as a part of the application,
unless waived by the administrator:
a. Completed application form and required application fee.
b. A plan certified by a registered engineer, competent in open-
channel hydraulics, which accurately locates the applicant's
property with respect to the SFHA limits, channel of stream,
existing 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 FEMA map and
study; floodproofing measures and elevation in relation to mean
sea level to which any structure has been floodproofed; a report
covering the effects of equal degree of encroachment of other
nearby properties of the SFHA; and a description to the extent
to which any watercourse will be altered or relocated as a result
of the proposed development.
c. In addition, all subdivision proposals and other proposed
new developments which are located in any SFHA shall include
within such proposals base flood elevations.
d. As much of the following additional information as is deemed
necessary by the floodplain administrator for the evaluation of
the effects of the proposal upon flood flows and the floodplain
and to render a decision on the floodplain permit:
(1) A typical cross-section showing the channel of the
stream, the floodplain adjoining each side of the channel, cross-
sectional area to be occupied by the proposed development,
and high-water information.
(2) Plan (surface view) showing elevations or contours of
the ground; pertinent structure, fill, or storage elevations; size,
location, and spatial arrangement of all proposed and existing
structures on the site; location and elevations of streets, water
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supply, and sanitary facilities; soil types; and other pertinent
information.
(3) Profile showing the slope of the 100-year flood and
the bottom of the channel or thalweg of the stream.
(4) Specifications for building construction and materials,
floodproofing, filling, dredging, grading, channel improvement,
storage of materials, water supply, and sanitary facilities.
(5) Hydraulic calculations for all proposed channelization.
e. The applicant for a building permit for work within a special
flood hazard area shall include as a part of its application a lot
survey that illustrates all applicable floodplain boundaries,
including the floodway, if present.
5 6. Factors upon which the decision shall be based. The
determination of the floodplain administrator or the board of
adjustment on each floodplain permit shall be based on the effects
of the proposed project with respect to the objectives and purpose
of these regulations as stated in section 26-801.
6 7. Conditions attached to floodplain permits. Upon
consideration of the factors listed above and purposes of these
regulations, the floodplain administrator or board of adjustment may
attach such conditions as deemed necessary in furthering the
purposes of these regulations. A copy of these conditions shall be
presented to the applicant and a copy of these conditions shall be
transmitted to the chief building official, which shall be kept on file.
Such conditions may include specifications for, without limitation
because of specific enumeration, modification of sewage
disposal and water supply facilities, modification of other waste
disposal methods and facilities, landscaping periods of
operation, operational controls, sureties, deed restrictions, and
adequate floodproofing.
a. Floodproofing: Floodplain permits requiring floodproofing
measures such as the following shall be designed consistent
with the flood protection elevation for the particular area and
flood velocities, forces, and other factors associated with the
flood protection elevation.
The floodplain administrator shall require that the applicant
submit a plan or document certified by a registered professional
engineer that the floodproofing measures are consistent with the
flood protection elevation for the particular area.
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Floodproofing measures may include the following:
(1) Anchorage to resist flotation and lateral movement.
(2) Installation of watertight doors, bulkheads, and
shutters.
(3) Reinforcement of walls to resist water pressures.
(4) Use of paints, membranes, or mortars to reduce
seepage of water through walls.
(5) Addition of mass or weight to structures to resist
flotation.
(6) Installation of pumps to lower water levels in
structures.
(7) Construction of water supply and waste treatment
systems to prevent the entrance of floodwaters.
(8) Pumping facilities for subsurface drainage systems for
buildings to relieve external foundation wall and basement
floor pressures.
(9) Construction to resist rupture or collapse caused by
water pressure or floating debris.
(10) Cutoff valves on sewer lines or the elimination of
gravity flow basement drains.
Furthermore, measures must be taken to ensure that the
construction does not in any way cause the 100-year flood to
become more damaging to other residents within the SFHA.
7 8. Class IfFloodplain permits; timeliness of decision. The
floodplain administrator shall render a written decision granting or
denying EACH the floodplain permit application. If a denial is made,
the decision shall set forth the floodplain administrator's findings of
fact and reasons for the denial. Applicants shall have the right to
appeal any adverse decision OR CONDITION to the BCAB board
of adjustment. Such appeal must be filed with the BCAB board of
adjustment within thirty (30) days from the date of the floodplain
administrator’s decision.
D. Review by the BCAB board of adjustment.
1. The BCAB board of adjustment of the City of Wheat Ridge
shall hear and decide appeals of Class I floodplain permits which
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have been denied or conditionally approved by the floodplain
administrator, and requests for Class II floodplain permits as
provided within these regulations.
2. The board of adjustment shall hear and decide appeals of Class I
floodplain permits when it is alleged there is an error in any
requirement, decision, or determination made by the floodplain
administrator in the enforcement or administration of these
regulations Any decision in favor of the applicant shall be
considered a variance.
3 2. Those aggrieved by the decision of the board of adjustment
may appeal such decisions to the Jefferson County District Court,
as provided by the Wheat Ridge Code of Laws.
4 2. In passing upon ANY APPEAL OR VARIANCE
APPLICATION such application, the BCAB board of adjustment
shall consider all technical evaluation, all relevant factors,
standards specified in other sections of these regulations, and:
REFERRAL AND REVIEW COMMENTS RECEIVED FROM THE
COLORADO WATER CONSERVATION BOARD (CWCB) AND
THE FEDERAL INSURANCE ADMINISTRATOR, WITHIN THE
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA),
CONCERNING COMPLIANCE WITH STATE AND FEDERAL
REQUIREMENTS.
a. The danger that materials may be swept into other lands to the
injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to
the community;
e. The necessity to the facility of a waterfront location, where
applicable;
f. The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
g. The compatibility of the proposed use with the existing and
anticipated development;
h. The relationship of the proposed use to the comprehensive
development plan and floodplain management program for the area;
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i. The safety of access to the property during times of flood for ordinary
and emergency vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site;
k. The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities, such as sewer, gas, electrical, and water systems, streets,
and bridges.
5 3. Upon consideration of the factors, STANDARDS AND
REFERRAL COMMENTS AS SET FORTH IN of subsection D.4.,
above, the BCAB board of adjustment shall affirm or reverse, in
whole or in part, the decision of the floodplain administrator (with
respect to Class I floodplain permits), and may attach such
conditions to the granting of A VARIANCE TO THE floodplain
permits or variance as it deems necessary to further the purposes
of these regulations.
6 4. The floodplain administrator shall maintain the records of all
appeal actions, including technical information, and report any
variance to THE CWCB AND FEMA, upon request.
E. Conditions for Class I floodplain permit variances.
1. Variances may be issued for the reconstruction,
rehabilitation, or restoration of structures listed on the National
Register of Historic Places or the state inventory of historic places,
upon a determination that the proposed repair or rehabilitation will
not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
2. Variances shall not be issued within any designated
floodway.
3. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
4. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
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c.A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety,
extraordinary public expense, or create nuisances, cause fraud
on, or victimization of the public as identified in section 26-
801(c), or conflict with existing local laws or ordinances.
F.Staking at construction sites. The owner of any property located in
whole or in part within the special flood hazard area upon which
construction is occurring shall locate, or cause to be located, stakes
that mark the boundaries of the floodplain, including the floodway, if
present.
G.Notice to tenants. The owner of any property located in whole or in
part within the special flood hazard area that is made available for rent,
lease or any other form of tenant occupancy shall disclose to each
potential tenant the existence and boundaries of the floodplain on the
property. At a minimum, such disclosure must be included in the lease,
rental agreement or other written instrument.
Section 10. Safety Clause. The City Council hereby finds, determines, 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 11. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 12. Effective Date. This Ordinance shall take effect upon adoption and
signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on
this 28th day of June 2021, 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 July 12, 2021, at 7:00 p.m., as a virtual meeting and in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, if allowed to meet in
person on that date per COVID-19 restrictions.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to 0, this 12 day of July, 2021.
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SIGNED by the Mayor on this 12 day of ______July______________, 2021
Bud Starker, Mayor
ATTEST:
Steve Kirkpatrick, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: July 1, 2021
Second Publication: July 15, 2021
Jeffco Transcript:
Effective Date: July 12, 2021