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HomeMy WebLinkAboutOrdinance-1970-0068 - Establishing Flood Plain ZoningINTRODUCTION BY ALDERMAN DOSEPH DONALDSON J~ V I a ORDINANCE NO. 68 Series of 1970 TITLE: AN ORDINANCE ESTABLISHING FLOOD PLAIN ZONING FOR THE CITY OF WHEAT RIDGE, COLORADO. 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 89-21-23 MW, 1963 C.R.S. as amended; and WHEREAS, the uncontrolled use of the flood plains and watercourses with- in the City boundaries could have an adverse affect on the public health, safety and welfare of the Citizens, of the City of Wheat Ridge 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 ordinance has been established with the following purposes intended: 1.1 To reduce the hazard of floods to life and property by: 1.11 Prohibiting certain uses which are-dangerous to life or property in time of flood. 1.12 Restricting uses which would be hazardous to the public health in time of flood. 1.13 Restricting uses which are particularly susceptible to flood damage, so as to alleviate hardship and eliminate demands for public expenditures for relief and protection. 1.14 Requiring permitted flood plain 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. 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 by: 1.21 Regulating the manner in which structures designed for human occupancy may be constructed so as to prevent danger to human life within such structures. 1.22 Regulating the method of construction of water supply and sanitation systems so as to prevent disease, contamination and unsanitary conditions. 1.23 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 fact suitable. 1.3 To protect the public from the burden of avoidable financial expenditures for flood control and relief by: 1.31 Regulating all uses within the flood plain areas so as to produce a method of construction and a.pattern of develop- ment 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: 1.41 Regulating filling, dumping, dredging, and alteration of channels by deepening, widening, or relocating. 1.42 Prohibiting unnecessary and damage-creating encroachments. 1.43 Encouraging uses such as recreation. 1.5 To protect the hydraulic characteristics of the small watercourses, including the gulches, sloughs and artificial water channels used for conveying flood waters, which make up a portion of the urban drainage system by: 1.51 Regulating filling, dumping and channelization so as to maintain natural storage capacity and slow flow character- istics. 1.52 Prohibiting encroachment into the small watercourses to maintain their water carrying capacity. 1.53 Encouraging uses such as greenbelt, open spaces, recreation and riding trails. SECTION 2.0 GENERAL PROVISIONS. 2.1 Jurisdiction: The jurisdiction of this section includes all land adjacent to any watercourse covered by this flood plain Ordinance that would be inundated by the 100-year flood for that watercourse as defined in the Definitions section of this Ordinance. - 2 - 2.2 Interpretation: In their interpretation and application, the provisions of this Ordinance shall be held to be minimum require- ments 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. 2.3 Warning and Disclaimer of Liability: The degree of flood pro- tection intended to be provided by this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur an occasion 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 the areas outside flood plain area boundaries or land uses permitted within such areas will always be totally free from flooding or flood damages. Nor shall this section create a liability on the part of or a cause of action against the City of Wheat Ridge or any officer or em- ployee thereof for any flood damages that may result from re- liance on this Ordinance. 2.4 Adoption of Official Maps: The location and boundaries of the 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 if fully set forth and described herein. Each change in the official map shall be subject to the Amendment Procedure as required in Section B.O. SECTION 3.0 NONCONFORMING USES 3.1 The existing lawful use of a structure on premises which is not in conformity with the provisions of this Ordinance may be contin- ued subject to the following conditions: 3.11 No such use shall be expanded or enlarged except in conform- ity with the provisions of this Ordinance. 3.12 No structural alteration, addition, or repair to any nonconforming structure over the life of the structure - 3 - 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. 3.13 If such use is discontinued for twelve (12) consecutive months, any future use of the building and premises shall conform to this Ordinance. 3.14 Uses of adjuncts thereof which are nuisances shall not be permitted to continue as nonconforming uses. 3.15 Any alteration, addition, or repair to any nonconforming structure permitted pursuant to Section 3.12 of this Ordinance shall be protected by flood proofing measures pursuant to Section 5.45 (1), Flood Proofing, of this Ordinance. SECTION 4.0 FLOOD REGULATORY DISTRICT 4.1 Application: The City of Wheat Ridge and all Flood Plains within its boundaries comprise one flood regulatory district, for which 100-year flood data and corresponding elevations or profiles are available, and which have been approved by the State Water Conser- vation Board. 4.2 Description of District: The Flood Plain Ordinance shall include the area delineated on the maps and profiles for the 100-year flood plain limits for the watercourses in the City of Wheat Ridge, signed by the Engineer, Mayor of the City of Wheat Ridge, and approved by the Colorado Water Conservation Board, and on file and available in the Clerk and Recorder's Office, Jefferson 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. 4.31 The flood protection elevation or height shall correspond to a point one foot above the elevation or "Flood' Profile" shown on or attached to the flood map for a particular area. 4.32 No "structure (temporary or permanent)"; fill, including fill for roads and levees' deposit; storage of materials; - 4 - • 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 on the assumption that there will be an "equal degree of encroachment".extending for a significant "reach" on both sides of the stream. 4.33 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 drainage facilities or systems. 4.4 Description of Uses Permitted Uses: The following open uses shall be permitted with- in the Flood Regulatory District to the extent that they are not prohibited in a particular area by, any underlying zoning ordinance. 4.41 Agricultural uses such as: General farming, pasture, truck farming, forestry, sod farming, and wild crop harvesting; 4.42 Industrial-commercial uses such as: loading areas, parking areas, and storage yards for equipment or machinery easily moved or not subject to flood damage; 4.43 Public and private recreational uses not requiring "perma- nent 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, and fishing and hiking areas; and other recreational uses. 4.44 Utility facilities such as: flowage areas, transmission lines, pipe lines, water monitoring devices, roadways, and bridges. 4.5 Special Exceptions: Any use enumerated in this section may be permitted only upon application to the Flood Plain Zoning Admin- istrator and as provided in Section 5.4, Special Exception Permits of this Ordinance. - 5 - 4.51 "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 City Council pursuant to a finding under the procedure re- quired by Section 5.4, Special Exception Permits of this Ordinance that: (1) Structures will not be designed for human 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 flood waters; (a) Whenever possible, 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 be placed so their longitudinal axes are approximately on the same line as those of adjoining structures. (4) Structures will be firmly anchored to prevent the structure or building from floating away and thus threatening to further restrict bridges 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. 4.52 Other Structures (Temporary or Permanent for People) may be permitted only upon a finding by the City Council that: (1) Such structures shall comply with Section 4.51(3), (4), (5) of this Regulation. (2) The first floor of any structure to be erected, con- structed, reconstructed, or moved on the flood plain shall be constructed on fill at or above a point two (2) feet above the 100-year flood elevation for the particular area and the fill shall extend at such elevations at least fifteen (15) feet beyond th.e limits of any structure or building erected thereon. Basements of any such structures shall be flood proofed per Section 5.45 (1) of this Regulation. - 6 - 4.53 • is or Deposition of Materials may be permitted only upon a finding by the City Council that: (1) Any fill or deposition of materials will comply with the Section 4.3 Special Provisions, of this Ordinance, and (2) The fill or deposition of materials will 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; (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 the other requirements of this section are met; and the fill or deposition of materials does not en- croach on that portion of the flood plain which would have significant and preceptible 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 urban impact of such reduction. (4) The fill or other materials will be protected against erosion by rip-rap, strong vegetative cover or bulk- heading. 4.54 The Storage or processing 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 compliance with Section 5.45, Conditions Attached to Special Exception Permits of this Ordinance. Solid waste disposal facilities, such as junk- yards or areas for the dumping of refuse shall also require a permit from the City of Wheat Ridge. - 7 - 4.55 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 ADMINISTRATION 5.1 Flood Plain Administrator: The City Council shall administer the provisions of this Ordinance. 5.2 Flood Plain Zoning Permit: A flood plain zoning permit must be obtained from the City Council before any new land use subject to the provisions of this Ordinance may be initiated. 5.3 Mapping Disputes: The following procedure shall be used by the City Council in deciding contested cases in which the location of a district boundary is disputed; 5.31 In all cases the person contesting the location of the district boundary shall be gives to present his case to the City own technical evidence if he so shall not allow deviations from unless the evidence clearly and that the mapped location of the i a reasonable opportunity Council and to submit his desires. The City Council the boundary line as mapped conclusively establishes line is incorrect. 5.4 Special Exception Permits 5.41 Application for: Any use listed in this Ordinance as re- quiring a special exception permit may be allowed only upon application to the Flood Plain Zoning Administrator and issuance of a special exception permit by the City Council. 5.42 Procedure to be Followed in City Council on Special Ex- caption Permits: Upon receiving an application for a special exception permit involving the use of fill, construction of structures, or storage of materials, the City Council shall, prior to rendering a decision thereon, obtain the opinion of the City Planning Director and: (1) Require the applicant to submit, at the time of appli- cation, two copies of an aerial photograph, or 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, - 8 - together with all pertinent information such as the nature of the proposal; legal description of the property, fill limits and elevations; building floor elevations; and flood proofing measures. (2) Require the applicant to furnish such of the following additional information as is deemed necessary by the City Council 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 infor- mation. (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 pertin- ent information. (c) Profile showing the slope of the bottom of the channel or thalweg 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. 5.43 Factors upon which the decision of the City Council shall be based: The determination of the City Council on each special exception permit shall be based on the effects of the proposed project with respect to the objectives and purposes of this Ordinance as stated in the Statement of Purpose, Sections 1.11, 1.12, 1.13, and 1.14 of this Ordinance. 5.44 The City Council shall act on an application in the manner above described within 60 days from receiving the application. - 9 - 5.45 Conditions attached to Special Exception Permits: Upon consideration of the factors listed above and the purposes of this Ordinance, the City Council may attach such conditions, in addition to those required by special permits, as it deems necessary in furthering the purposes of this Ordinance. Such conditions may include specifications for, without limitation because of a 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 restriction, and adequate flood proofing. (1) Floodproofino. Special exceptions requiring flood proofing measures such as the following shall be de- signed consistent with the flood protection elevation for the particular area as described in the Special Provisions, Section 4.31; and flood velocities, forces and other factors associated with the flood protection elevation. The City Council 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 eleva- tion for the particular area. (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. - 10 - (h) 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 elimination of gravity flow basement drains. SECTION 6.0 CERTIFICATE OF COMPLIANCE 6.1 No vacant land shall be occupied or used and no building shall hereafter be erected, altered, or moved on the flood plains of any watercourse nor shall such building be occupied until a cer- tificate of compliance shall have been issued by the City Council. 6.2 The City Council shall request the applicant to submit a certifi- cation 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 City Council shall within ten days after receipt of such certification from the applicant issue a certificate of compliance only if the building premises and the proposed use thereof conform with all the require- ments of this Ordinance. SECTION 7.0 ENFORCEMENT AND PENALTIES 7.1 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. Any persons who places or maintains any structure, building, fill or develop- ment within any flood plain in violation of this Ordinance may be fined not more than $50 for each offense. Each day during which such violation exists is a separate offense. SECTION 8.0 AMENDMENTS 8.1 The City Council of the City of Wheat Ridge, Colorado may from time to time alter, supplement or change the district boundaries - 11 - and the provisions contained in this Ordinance in the manner provided by law. 8.11 Amendments to this Ordinance may be made on petition of any party in accordance with the provisions of the Colorado Revised Statues. SECTION 9.0 DEFINITIONS 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 the most reason- able application. 9.1 Channel - a natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct con- tinuously or periodically flowing water.- Channel flow thus is that water which is flowing within the limits of the defined channel. 9.2 Encroachment Lines - are limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines are established by assuming that the area landward (outside) of the encroachment lines may be ultimately developed in such a way that it will not be available to convey flood flows. The stream channel and adjoining flood plains between these lines will be maintained as open space anO will be adequate to convey the 100-year flood without adversely increasing flood heights. 9.3 Equal Decree 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 sides. 9.4 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 state elevation, backwater, and/or increased ground water level. 9.5 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. For - 12 - i :55 ~o administrative purposes the flood plain may be defined as the area that would be inundated by the 100-year flood (U.S. Corps of Engi- neers "Flood Plain Information Report, Vol. 3 - Tech. Appendix, Bear and Clear Creek and South Platte River Basin Report of January, 196611). 9.6 Flood Regulatory District - that area represented by the flood regulatory area which has been approved by the Colorado Water Conservation Board and shown on the Flood Plain Zoning Map in the office of the City of Wheat Ridge. 9.7 Flood Regulatorv Area - that portion of the flood plain subject to inundation by the 100-year flood. Its width is determined by the 100-year flood. Its length or reach is determined by natural bounds such as a lake, or by structures such as a dam or bridge, or by political or legal bounds. 9.8 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 of the floodway. 9.9 Flood Storage District - that area represented by the flood storage area which has been,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 and Flood Control District. 9.10 Floodwav - that 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 velocities and due consider- ation should be given to effects of fill, loss of cross-sectional flow area, and resulting increased water surface elevations. 9.11 Floodwav District - that area represented by the floodway which has been hydraulically defined and shown on the zoning map in the office of the City Council of the City of Wheat Ridge. 9.12 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. 9.13 Flood Proofing - a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding - 13 - primarily for the reduction_or.elimination of flood damages to properties, water and sanitary facilities, structures; and-con- tents of buildings in a flood hazard area. 9.14 Flood Protection Elevation - is 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 Flood Plain Ordinance as shown on the zoning map in the office of the City of Wheat Ridge. 9.15 Flood Stage--,for.purposes of this Ordinance the term is used to mean the height or elevation of a flood as refsrred.to some datum. For otherpurposes it is commonly used torefer to the elevation at which a stream will overtop its_normal_stage banks. 9.16 Hundred-year Flood - is one that has a frequence of ac-currence of once in one hundred (100) years-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 veer. 9.17 Ordinary High Water Mark - the highest point on the bank of a _ normal stage channel at which the water level has been for a _ sufficient period of time-to leave a definite mark. 9.18 Reach - a hydraulic engineering term-tq.describa longitudinal segmentsof 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-st-Team or river' between two consecutive hnidge.crossing would most likely bea reach. 9.19 Storage Capacity of a Flood Plain - the volume of space above an area of flood plain land that can-beoccupied 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. 9.20 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 toobjects such as buildings, factories, sheds, and cabins. - 14 - L 9.21 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. 9.22 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. 9.23 Watercourse - a channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir, or lake in which storm runoff and flood water flows either regularly or infrequently. This includes major drainageways for carrying urban storm runoff. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on first reading by a vote of 6 to 0 this 19th day of November , A. D., 1970 READ, ADOPTED AND ORDERED PUBLISHED AND-POSTED on second and final reading by a vote of 6 to 0 this 17th day of December , A. D., 1970 rz~~ Albert E. Anderson Mayor ATTEST: C24 -"7 1 ,Z'- G2/ Louise F. Turner City Clerk - 15 - (19) (Ordinance No. 68 - Continued) U. S. ARMY 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. 68 /a //7 Z7h9 , r- Date, r Y MAY AR / ATTEST: CITY CLERfS Ca TY EER 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 SUPPLEMENT SECTION C PLATE 9 H W O O 0 N O O A O O Ol O O v D Z n o M o Z -n m m 0 0 0 N O O A O O OO O ELEVATION IN FEET M. S.. L. U U U U w w j W W W W ~ o U p U O U i / i / / m r m co V W. 48TH AVE. I II s' CHANNEL 1 .1 77 n O v N O m z O Z m m A (I8) (Ordinance No. 68 - Continued) ~Ea LEGEND: PROBABILITY: Standard Project Flood 1' Percent Frequency Flood Existing Conditions 2 Percent Frequency Flood 4 Percent Frequency Flood 20 Percent Frequency Hood 000 2200 NOTES: 1. For location of cross section, see Plate 3. 2. Dashed portion of cross section obtained from topographic mapping. ORDINANCE NO. 68 SUPPLEMENT /i7 A-~ ~ MRYOR ATTEST. C TW CLERK f'J CITY INEER 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 ELEVATION IN FEET M. S. L. U U W W W U U U U A U U P W W W W U O U a n , N N co v - c N O O A O P O O O O CHANNEL i v A o X D $ - < Z m !1 ?o m 3 Z m m oN - o m O 0 0 a 0 o Z'o 0 0 N O O N O O n O ~v CA N O m z _O Z m m A CA 0 (17) (Ordinance No. 68 - Continued) U. S. ARMY 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. 68 SUPPLEMENT IR /7 A/0 DAT - ATTEST- -4' d City.4 e'rk C T NGINEER 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 StC.ttVrv _r L^IL n O M 'O N O T m z O Z m m m N (16)_ (Ordinance No. 68 - Continued) U. S. ARMY i n FATIONS :IFIED AVERAGE IENCIES CHANNEL BED 20% ELEVATION i. L. 5246.4 5241.0 5255.4 5251.1 5275.7 5270.8 5288.4 5280.9 _ 5309.5 5305.3 322.2 5319.0 5339.6 5338.9 5355.7 5349.8 5377.1 5373.8 5399.7 5396.0 5414.5 5410.3 X5300 9 6.4 14 . . 9 y \ ' ~ ~E ' 1 3 - • w f N W BM Ber ~ e Lake S I s3as V P' H Fd,k o IW ~X1,6 I-LEGEND: 1 Percent Frequency Flood General Limits Of The Flood Plain NOTES: 1. See study index map (PLATE 1) for the location of this sheet. 2. For illustrated cross sections. 00 r r &0 see PLATES 8, 9, 10 & 11. ORDINANCE# '-,g SUPPLEMENT 1 D~rE rill. w L' ATTES-f- r 7. CITY CLERK CT fY EN PEER EER SOUTH PLATTE RIVER BASIN, COLORADO DENVER METROPOLITAN REGION FLOOD. PLAIN INFORMATION STUDY FLOOD HAZARD AREAS CLEAR CREEK. DEAR TENNYSON STREET TO YOUNGFIELD STREET SCALE IN FEET 2000 0 2000 4000 MEMMW U. S. ARMY ENGINEER DISTRICT, OMAHA CORPS OF ENGINEERS OMAHA, NEBRASKA JANUARY 1966 CONTOUR INTERVAL 10 FEET - SECTION C PLATE 3 [ S N O O as 3 ~a O ~ =a ~ n m m an m m o` n ~ oy0 O~ ® V C ^ awl1~ n S \ Y Y ~ O c O ~I I , 0% n MATCH LINE SKEET 3 ~ ti0~ ~ m W~p~ a /o ~ F i Oo o a,,., 1'ti 0 ~~qR I ~ L. • V AI II r r 0 z O M o N O / m z O f! 1 n I Z I I(A V .20 w ~ / ~ /,moo • • r x ,tom s; V 0 'O O z O C A y a i r tp fat x Z77 N ST. a L" Ap-'l r d '0 O O V N Q O~ O j>. to V N O O A 1 r _ m m ~ O z a (A (A u U U tr to to to to U r n ' o° A A W N W t o W j W N N 'o N N N to N A r m m m T Q O V N 'o I~ co . O co .o 'o < 04 Q 7O D -i U o u o o a O -o o a. D C m 1m' mrZ Z CA O 1 U A cn A U W to W to W cn W U W U N to N to N U N Q n -0 nD ' r 0' O ~ V OO CA V4 A N 'o N U A CO _Z N nDT O V CO Z 1~ w u A m " A cn ~o r <00 ~ m mZ0 - to U to U, to to Cn w U to to m T y p ,rr~ A A W W W W W N N N N 1 A' _ O V cn A N O CO N U A 3 4 m N M - O 9, W 'O V N CO 0 O m m O O w O• O IV .p N N CA -C n< - • m D U A to W to W U W U W to W U W to to U N U N r N Z T -4 . IJ N O n p Q Q A O V U w N O O N to A . %o N U 'O N 'o w to to O• AR Z N V V p. jV U p V A A N n> • to A U W cn W tr W U W U W to f.W to IV U N U N U N m S < < W D m 0 N A W - O ao v U A > MZa \ O p, W 'o 'o to O O p Z D W O OO O .n O t~ .o m O n L7 CERTIFICATE OF POSTING We, Louise F. Turner and Helen Elise McMillen hereby certify that rdinance o. 68 was duly posted by us__ following first reading on the 27th day of November 1970, 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 Meeting Room We, Louise-F. Turner and Helen Elise McMillen hereby certify that Ordinance No. 68 was duly posted by us following second reading on the 2nd day of January 1971, at the above locations within the City of Wheat Ridge. 1 .'f L❑ ise F. Turner City Clerk Helen Elise McMillen Deputy City Clerk_ CERTIFICATION OF TRUE COPY The attached copy of the Wheat Ridge Ordinance No. 68 is hereby certified to_be_a,true copy of said Ordinance passed and adopted by the Wheat-Ridge _City Council ❑n final reading December 17th, 1970. Dated this 10th day of March, A. D. 1971. Louise F. Turner City Clerk r-rT wfP Ir • ' ~ ` F3 Mwo t ~ O CP 817 • 2243 818 {/~Fi~'~,',~'' ~^wyy _ a6r"' 9` r _ Lift m"e., i° •~1"~) aq~"~g Introduction by :Alderman Joseph Donaldson ORDINANCE NO. 63 Series of 1970 TITLE: AN ORDINANCE ES- TABLISII27fG IrI,n07) CI,AIN ZONING FOR Till'! CITY OF WHEAT uIL"au, CULUlt^7XJ. Be It Ordained by "ho City Council of the City of Wheat RIJ9C, Colorado, that: WEIMBEA.S, Authority for the City of Wheat IGldgo to adopt a flood plain zonirif; ordinance is contained in Section 89-21,23 (7; •(a), fOGa C.R.S. as amended; and tiVHEREAS, the uncontrolled use bf the flood plains and water- ,courses within the City bcu.idarios could have an adverse affect on the public health, safely and wel- fare of the Citizens of the City of Wheat Ridge. NOW, TRECLEPORM, BE IT OIi- DAINED that the City of Wheat role,-e .Lora hrrebv adont the Ill- Moto the public tic: eenceal welfare, to rs. To pro- losses in areas ruo)OCt w ,o.,,, hazards, and to promote wise use bf the flood plain, this flood plain ordinance following been Il the intended: 1.1 To reduce the hazard of floods to life and property by: 1.11 Prohibitin; certain uses which arc dmhgerous to life or I,property in time of .'.cod. 1.12 Restrrctia~ uses which would be hazardous to 1:,,o public health in time of flood. 1.13 RoStrlcting uses which are particularly susocptible to `loud damage, so as to alleviate hard- shig and eliminate demands for ruhlic expenditures for relief and protection- .1.14 Requiring Permitted flood plain uses, including Public facll- dtlea which servo such. uses, W be Dr)tected against floods by provid- ing flood proofing and general flood Protection at the time of Initial construction. 1.2 To protect flood Plaln occu- pants from a fioood which 13 or may be caused by their own, or ,other, and use and which is or may, be undorLal:cn Itthout full realizatic n Of the dancer by: 1.21 Regulating the manner Sn which structures designed for hu- man Occupancy nay be constructed lifeawithin sucht structures. hereon 1.22 Regula.tiN; the method of construction of water supply and sanitation Systems SO as t0 pre- .fe.,« ,ivarasm. emmmtnation and 1.23 Dehneating leas that could be nods so as to Foot are not in fact - 3-TO Protect the public from ':the burden of -weldable financial lexpenditures for flood control and j'elief by: 1.31 Regulating all uses within the flood P1111% areas so as to pro- duce a method of construction land a pattern of development which will minimize the probabil- ity of damage to property and loss life It, hnnzard the of the flood 1.4 To protect tie stcrage capac- ity, of flood plains- and to assure retention of srflrclent fioodwa5' area to convey flood flows which can iea.sonmhly bo expected to bccur by: 1.41 Regulating filling, dumping, 'dredging, and aLoratlca of chmn- xlels by deepening, widening, or relocating. 1.42 Prohibiting unnecessary and damage-creating encroachments. 1.43 Encouraging uses such as lltCe. YJ-:ruing and Diac!li rear Of LlabitltY! + a d-'vsuc of firs: Pao- tec:ion Intendr,d to b, provid-d , I, 41us re'Lle'l is c",m;liar^•1 abb: for regr:nv~ry Durl" 00'1 is based ou am5h: •.OPklur and s6h.n- uf,1 methods Of suidy- Lt' fiends may ef,lw 1,11 vcca.i6a till flood 1'C',11t may i:o inch+rt°ed by man-mad: w' -vt, red o:: 11 C.:. ,,,all as '11' jinns and bri'g' "'0" ;ma's r"tricted by d'bris. T`Ils Or- Oinance does not imply the arras :,'!ride f;o,d of:.ln :,.rca t,n'm,larirs I:r land uses permitted within such :.eras will always be ;ota'lly free pore t'Inodin!r or filled dam.^-ges. .tor shall this section create a, ;ability on the part of or a cause. action against the City of llhcat 111d "e or any officer Or am- "l"Ie thereo[ fm' any flood dam- ages tlmt Onty i:suit from reliance on this Ordinance. 2.4 Adoption of Official Naps: Ti.e locatinu and boundaries of the Flood Areas e l'a hllsited by this Urdih,ance are upon the "Flood Plain Zoning MaPS of the City of \Shea: ;tidge," which are hereby inwrpora.ed imt> this or- dlno.nce. The Said zoom-- mcPs, to;ether with everything shown ihera0. • nd all nmendalents there- to, -hall bo as nmcr n Part of this :Ordinance as if Still" set, fm'th and described herein. Each change in the official clap shall be sub- ject to tile intendment Preceduro ss required in Section 3.0. Section 3.0 Non.Conforming Uses 3.1 The existing lawful use: of a structure on premises which is not in conformity with Lite provisions of this Ordinanco may be continued suiljcct.to the follow'ug Wildit^Olls:' 3.11 No such use. Shall bu ex. panded or enlarged except. ill con-i formity with lire provisions of tills Ordinance. 3.12 No structural al tcration, ad- dition. or rep]lr to any nOll-COt1- fe,ming s+ruc'are over tyre life of tile strncolre shall exceed fifty (5U) percent of its asses:ald value at the tilde of 't is becoming a non- conforming u,:e unless. 11.L Ins! ent- ly -hanged to a coutorming use. 3.18 If scelt use is diswnitinu'd for twelve 112) consecutive nen U's, tiny ftlLwe use of the building and praxises shall conform to lhis or- dinance. 14 Uses Of adjuncts thereof which are nuisances shall not be permitted to continU4 as noncon- forming uses. 3.15 Any alteration, addition, or repair Lo any non-conforminb' structure permitted to Section 3.12 of this (:vdinance shall be pro- terted by flood proofing meAced Proofing, of this ~o Ordinance. pursuant to Sect on 4.0 Flood Regslatcry District 4,} Application: The City of Wheat ithd;;e `:d all Flood Flail's Within its uoar`ilaries comprises one flood reguh,tory district, for vinch 100-Year flood data an,i wriespoild- tng elevations or profiles are avail- able, and niliell have been ap^+ proved by the Statc \L'ater Coassr- vatiou L'oaid. 4.2 Dcscriptlor of District The Llood Plain Ordinance shalt in- clude the arcs delineated on the maps and Prutilca for the 100-rear 'aloud plain limits for the w'ator- courses in the City of Wheat Wdge, signed by the 17ngl ecr, Mayor of tl:e City of %-Y'II aL IAdge, and app proved by the Colorado Water Conservation Board, nm. on We ..,..it. mr in tile Cleric and uny under. lin^ L,nir',r ermnale, 4.41 +i,;ricult'.ral u:-.'s such as; ic ncral f.,rvllr:; P19l re, tr`ic'~ farmi,.g, i,,r,s'.ry, r ,all "rild r;ep tin rcesd rig; g tl,Gdstnal-cOmrnernlai x 4 .1 such ax: 11, "I'l, 7 art'a^., p,'Plti; arn:uy al',,: morn, yam:., L.I C,LLnpm,aL Or , l',411ncly eael!y mop ad or not .IUbjoet to flund damage, 4.43 Pehlic a::d private rec - ationaluse- not renu!ring anent or temporan- structure^. + signed for itu: '.an habitation P:'. as: parks, aw;mn- ng areas, courers, driving ranges, e'c.c grounds, wlld:iic and nntur, Pr:- serves, game farms, fish ha...b-r: an,l fbh,ilg and hitting e,:; anti other recreational uses. 4.;; i-tilit-v faeilWes sncl. as: flowage :roar, tran3lir issbm ales, pipe has, water monitori" de- viess, nad',lay1:, end bridges. 4.5 Spec:ll Execpttons: >.:ey use on timerated in this e 11.111O may be permitted only upon application to the stood Plain Zoning Admin- istrator and at. provideu in Section 5.4, Special Exception Permits of this Ordinance. 4,51 .,Structures" Accessory to open uses permitted in Settioon 04A Oescription of Use:, r, dinance, teilether temporary - Or •pernranent clay be permitted only upon a delemnhinatton by the City Council prrsuant to a iinding un- der the procedure rer,ufr0i, by See- tion 5.4 Special Exception Permits of this Credihanrc t mt: (1) Structm'es will not be de- Signed for hwnan aso.:alion; (2) Strrcwres wih have a low finoll dluuage poi ant r., r. (3) The structure or, structures. If ren"itt"I "Al :,e constructed and placed mr th, bl.ild:ng site so as to offer the lninlnaca, obstruc- tion e the flow of ;.ocd waters; (a) whenever p..esltrle, structarea will be cons U•u cto<, In Tie long- itudinal axis parallel to the diree- Lio,1 of aoly of i1, ,l vat :s, and (b) SO far as F-ac',aable, struc- tures will be placed so tlie'r long- itud,n.ll aae.)' are approximately bn the s:unc like u LLeoce of adjolning atruetures. (4) Stuctures will be f'MIIY an- chored to prevent the structure or bn'11(ling frmn floating away and than Glreatening to further re- strict bridges openings and other restricted section.; of the stream .w' river; and (5) Service facilities such as electrical equipment will be at or above the flood pretection eleva- tion for the particular area. 4,02 Other Structures (Tempor. ary or Permanent for People) may be permitted only "Pon a finding- by' the City CCnncll that: (1) Such structures shall com- qy with en 4,51 (3), (4). (5) fthis Rally (2) The first floor of anv strue- ture to be erected, constructed. ,constructed. or moved on the flood Plain shall be constructed on Till at or above a pint 6yb (27 Seel above till' 1110-)'ear flood ele- vation for Ule psrtlculor area and the fill shall extend at such ele. "Zion, at least fifteen (t5) feet hey= the. limits of tiny structure or buil,cg erected thereon. Base- ments Of any sec', strucrares shall al' Cloud Proofed per Section 55.45 (1) of this 1leuintinrL Fills or' D; pos,ticn of Ma^- 'tm'iars may be permitted only up- ,en a finding by the City Council 'tbn L' (1) Any fill or deposition of ma- .trials will comply until the Sce- ,"1011 4.: SpecAl lnovl>lont,, Of this Qnli n alive, and (-I) Tile fill or dci'osttiml Of Me- terials )vdl have some, beneficial purpose and the anlaurt therm: will not be greater Ihn:t is neces- sary to -chile' that Furlioee, as dcmolstra Led Uy a Plan , by iiiftnal by the Ow1IOP showing dinleneions of the prO:O."ed fill or miter material and the nee to which the filled laud will be Put; (3) The fill Or depOSition nF ma- terials dory not lmpru,leni;y 11,110 the flood Moral"" Oij'arity of 'he wnlcrwny nulesS 'r Prrmtt has been granted by the City of Wheat Ridge and the other req Uirementa Oi this eeetan, are met; and the fill or denositton Of materials does not ICI-;ach un unit portion of the flout plain which would have fit=niifl,nr.L tmd Perceptible, flow d11r;hq the flood, and vbIcb for that rcasun w'oalll help convoy' the [luo4 )t-slet'. Any additional fill- ing r,duc,s the hydraulic ca PecitY and requires appl.priate hydraulic studies and a review of the urban impact of suoll reduction. (4) Thu fill or other materials will ha Protected :igainst erosion by rip-rap, stroot v09etative COw- er nr built-llr-".ding. 4.54 Tile Stor:11. or processing, of materials llt.rt are buoyant, fly minable, CXPiU'..IVe, t,r Ill List"; Of flOUdln:r, ,uull be injurious to hilltlal), a111111M, of plant life, shall be It I. abuvO Ire floo.l protection elevation for tie particular area or "floral proofod" In aotnpllanre whir Section 5.45, Conditions At- tached to Special Exception Per- 4.3 Special 'rowsmna: tine - lowing ren'ulnim,s strap apply to all uses rith-n the need ltegula- WrS' District, notw'ithststuling that such, uses m..ay be specifically per- mitted limier the terms of this 'ordinance. 4.31 The flood Protection eleva- tion or heigb: ',ail corrl:sPOnd to a point one root above the eleva- tion or ..Pleod Profile" showtr on It'd to the flood map for a or a -tac Particular area. 4,32 Ne structure (temporary or permanent}"; fill, including fill for roads and ION-CoS deposit; Stor- age of niatecialS; or of el floor plain uses wiicll acting alone In conri;mation with existing or future flood plain ,sea shall be pCinntted that adversely affects the efficiency Or the caPadtY Of the flood yaY or Increases flood heights C: dv~mely a.f,'CCts the "stnrag, cal=atnty , Of .he flood plains" based on tbC assul.hptlon U;aL Lhen will be an "coual de- gree of onrroechment" extending for a sign C-:aat "reach" on both sides of mu 1,L-CM.- 4.12 NO flood plain uses shall 'adversely affcU Lhc efilclenCY of or un,.My rr.trlcL the c.,p:lcitY of the chnne..ir. 'or floed'a'nys of any tribal rw. t' 111' laam su'ca:n, dravlagu dltr:.:. or any other dr,riaage i'.ci;ltics or SYStems. 4,4 Desor;pttcn of Uses Peru:itied i's'le Th0 following ppen uses s1u%.!1 be Pcralittcll wiLl!- ln the Pioc I i1egld,,tory Dis Lrict to the extent that UICY are net orohibiled in a particular- area by 11 1 11 1 .5 -TO-protect the hydraulic "1 charactetistles of the small water- courses, Including the I,vlChes, )sloughs and artifi.:lal water chan- nels used for conveying flood waters, which mate up a portion of the urban drainage system dumping 1.51 RcgulaGi.tg fillin,,, u P and chtinnclizatlon So as to main- tain' natural store Ger CnPeclty and plow flow" characteristics. 1.53 Prohibiting enelor.chment into the small watercourses to maintain their water carrying Ca- pacity. 1,53 Encouraging uses such as greenbelt, open "paces, recreation and riding trails. Section. 2,0 General Provisions- 2' 1 Jurisdiction: The jurisdieLLon of this section Includes all land adjacent to any w.atCrccuMe C0v- by the that by would s be flood Inunl ted Ordinance loo-year flood fo:• that watercourse as defined in tie Definitions sec- tion of this Oicll lce. 2.2 Interpretation: In their In- terpretation and application, the provisions of thtc ordinance shall Ue held to la rAnimum require- ments and shall be ii%)crally Con- strued in favor of the governing body and shall not be deemed a limitation or repeal of any other vow", _grantact'by Colorado Scat 2243 818 ire 'mits of this Ordinance Solid wait d;sposui facilitic.", arch . inn"- Yards or araas for ill" ,i rn:pn,- :f refuse ,hall also rvquhe . I„arnut from the City of "heat Ili-b;u. 4.55 Uses very sin'.ila: in na'ui- to permitted uses may be minis^" provided that they are coq'dst-i: with the provisions of this Ordin,-j once. Section 5.0 Administration 5.1 Flood Plain Adntlnistraior: 'The City Council shall adml nil. tar the provisions of this Ordinance 6.2 Flood Plain Zoning Permit: A flood plain zoa,ng permit must' be obtoSncd from the City Council before any now land use subjec'; to the provisions of this Ordinanol, may be initiated. 5.3 Mapping Disputes: The fol-, lowing procedure stall be a,i?u by, the City Council In deciding cur-, tested cases in which the location. of a dis.rict boundary is dlsputc.l; 5.31 In all cases the person con-r testing the location of the distrlc0' boundary shall be given a re.•asun able opportunity to PresCnt t.fs' case to the Ci LY Council and to submit his own techn(eal evidence' if he so desires. The City Counci shall not allow deylatie:l5 from the boundary line mi mapped un- less the evidence clearly Intl con- clusively establishes that the mar' ped location of the line is lnco:-' rect. 5.4 Special Exception Permits 5.41 Application for: Any use listed in this Ordinance as requir- ing a special exception permit may be allowed only u;fn application to the Flood Plain Zoning Admin- istrator and ISSWLTCC of a SPeClttl exception pamiR by the City Coup- cll. 5.42 Procedure to be Followed in City Council on Special Exl.eption Permits: UP,nt rnerlvin:r ,,It nppb- cation for a special exception per- mit involving the use of fill, can- straction of structures, or storage of materluln. the City COnnCll .9111111, prior to mildeeln,f it dveltilol thore- pn, oblahn It,- onbdun ut the OILY I)laulllog Dlrnrl,.r mud; (1) Id'unirn the upld'onal lit Pull- till, nl the tlu:n of ollulb•nllim, two cupMn ur nn n, llnl pi ud gl;tlwii, Iii it I Ill r:'ellnr,l Inv r ratinl"roll nllglueel•, eminpr.t,.pl In "Il"a I'Y ydrthe a"lh ft,.^' Ilk-ll aer:tri t„ly Iti,:lt ui pinin r;r>mNnl ,pinin developmoxts, together with all pertinent information such as the nature of the proposal; legal description of the property, fill limits and eltvatlols; building floor elevations: and flood proof- ing measures. (2) Require the applicant to furnish such of the following addi- tional Information as Is teemed necessary by the City Council for the evaluation of the effects of .the proposal upon need flows and hood plain storage and to render a decision on the proposed flood plain use. (a) A typical valley cress-section showing the Channel of the .,tream, the flood plain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development, and high water in- formation. (b) Plan (surface view) showingl elevations or contours of the ground: pertinent structure, fill or storage elevations; size, location and spatial arrangement cf all proposed and enisting structures on the site; location and ;Ilea-' tions of streets, water supply, san- itary facilities and soil type:, and' other pertinent information. (c) Profile showing the sloe of the bottom of the channe! or thalweg o: the stream, (d) Srecifications for building construction and materials, "flood proofing," filling, dredging, grad- ing, channel l:nprovement, storage of materials water supply, and sanitary facilities. 5,43 Factors upon which the de. cision of the City Council shall be - based: The determination of the City 00111,61 on each special ex- ception Permit shall be based on the effects of the proposed project with respect t, the objectives and purposes of this Ordinance as stated in the Statement of Pur. pose, Section 11, 1.12, 113, and 1.14 of this Ordinance. 5.44 The City Council shall act on an application in the manner above desorcbcd within 0 days from receiving tho application. 5.45 Conditions attached to Spe. cial Exception Permits: Upon con- sideration Cf the factors listed above and the purposes this iof (bdina nor, ;ho City Ca n may r.t[act srch eon Sit inns, In mlditmn - to those ntlui rill by special Perer mits, as it dooms necessary in furthering Lhc purposes of this Ordinance. Sucr. condition' may include speciteatio s for, without limitation Lec;:usc of a specific enumeration; moUfication of sew- age dcspoaal and water supply fa-1 tilitles, n',ndiflc".t7on of other wo;t:. ant fru•:'. ]a: olio-pl sr;. P[rindS of UP• op,l wrilA ,.uir,ls, rnr, to:,, ',ad r!'Ntri oil 11, ;uni ad.,l❑a.;e flood pro"Lin (1) Floodprtecing. S'pedsi exctp- Lions re,,,uml; flood ')r,)ofI,ig rma- 'kura; s:lrh tl:e foGowlnq ui:a.ll bo designed cnu sla L.•u. c: :h the fMv,d prnL(r1ti1,:1 1:111L ill! for tile pnrlicular area : s dots tilt,! in the fipeciai Pic.'!ions, Section 4.11- it :to I1LN(1 4[`lOCl tif(o[CC» atilt `Ither fn Clot's ansonlated with the flood prop Ciol! elov:.tion. The City Conne!i rl,all requlro that the enplicant sa,limit a plan or docu- ment Corti' NI by a :'egistered Pro- f:ssionzl r_a0rce- that the flood proofing miaruren are consists tit with thn fD::iii protection elevation for 10 P::r.icula. Ise:L (a) Anchurnrc to resist flota- tion and lateral movement. (b) Installation of watertight doors, hvlliheade and rhutters. (c) Reinforcement of walls to resist water pressures. -(d) Use of Pr.lnts, membranes, or nto:•t.:.rs to reduce seepage of tooter through walls. (c) Addition of mass or wmight, to structu.-es to resse flotation, t (f) Installation of pumps to low. or water levels in stnuctures. (g) Construction of Water supply ,and waste treatnrount systems to prevent the entrance of flood waters. (h) Pumi''ng Isoclines for sub- surface drli,.v;o cy,tenis•for build- ings to rrlievo external founda- tion will still baamncnt floor pres- sureS. (1) Conr:runllon to rc':Ist rup. ture or cola Pie, o11 s 'l by water preas,lre or fioaling dcbria. (i) Cutoff v,dvea or sewer lines or the cllooLl3th)a of 7ravlty flow busonufpt druhw. Section 1'%0 Certiticito of Com. 4.1 No tar lot hoot -ihau L„ uo. ru PioJ r u,'.I nsd ue bu11JInI' :,boll Iluy, Lr hu n,•bn, ntLn'. `:f lu,y 1U11 rrr,:w'u+ m" I:h, 11 mob i It,, ,rrlu,h:l ur,lll it a„r- Yiri,,io;,io of •..m train n r" ;:boll n:111 treat Is::ur,, by the lLI3' Council. l. G.2 TI O Cl" Comoil shall to- , quest the appl(cant ro snbndt a ,certification by a •-egiste,ed pro- .fessional euga^er that Lhe finish- ed fill and hui,ding floor elevations, flood proofing measures, or other Rood protection factors were ac- complished in compliance with the provisions of this ure! iane.e. The City Coaneil sba it within ten days after receipt of such certification iron tilt api.:icant issue a cer- tificate of ccmnlance only if the building pr„miles and the proposed use :hereof conform with all the requirements of this Ordinance. Section 7.0 Enforcement and Penalties. 7.1 Bh,ety structure, building, fill or development placed or main- talned wiLnln any flood plain in violation of this Ordinance is 6 publir. nuisance .nd the creation thereof may be oniolned and main- tenance thereof may be abated by 'action at snit of Inc, City. Any per- sons who maces cr maintains any structure, building, fill or develop- ment within any flood plain in violation of this Ordinance may be fined out more than 1150 far Cecil offense. hack day during, which 'rah violation exists is a separate ofiense. Section 3.0 Amendments $1 The City Council o: the City of Wheat R dgo, Colorado may firm time to time alter, snpplm- `!v •t or ei'.nmt;e the district boun- es lind the provisions contain- : in this Ordinance in the man- n.::r provided ly law. ....1 Amendmcnte to this Ordin- :.Ioe may be made on petition of s...; party in accordance with the provisions of the Colorado Revised Statutes. ' Section 9.0 Definitions Unless npccifically defined be- low n',rds or phrases used In this Ordinance shall be laterPreted act as Lo give t'letn the s:tmo meaning as they It"ve at Common law null to give thi» Ordinal cc the mash rcasonaale application. 9.1 Channel - a natural or arti- fical wntercourso of Perceptibld extent, lvillt dcflnite bed and banks to conch. and conduct continu- ously or P°r%odicall_• flowing water. Channel ftov: thus is that Walter which is ,IoWng wUidn the limits of 'he of% lol.,% 9.2 Encroach men4 Linea - arty limits , t o traction, to flood flc'•rn. These lc'trt ::re generally parAV. to Cho strram. Thu lines am emPb- lishcd by no;uming that the r.: •a. landward (ouLr:ide) of the encmaeh- ment 'inn: may, be ultimately (I,-- I such a way that lit. 'via • 2243 819 net 'uc l-va;ol to convey flood flow: !,e ::-r-,n, ch,llnnl and ad- join!',, (rood Plaint tc-tweclt these iiuet, ':ill be nr6nm.Ded as open spaen . na v;:il lie ndc,tuato is con- vey ,hz 10e-ye:r flows v;thcut ad- ver:',,y 'a,cran .arc( flood hrighta. 6qual Cc,"ee of Encecaeh. Mont - is rs:a)Ashad ty consider- in:; the effect C' eneroaehmenw on Ulu Lydrrallic efficiency of the. Clood Plain alcny a s[gnificant ma,h o: tile str: am, on both srGea. 9.4 Flood - slot ram a river, str,N 1, e'aterrrumo, take, or other body of s'an31n:; water that tem- poralliy overi,crrs ^r lnundates adktcnt lands rrd Which may of- Cott other Latins and sc'.ivl'd•:a thfot:,h state Clgvn.tlon, backwater, an,i it Increased ground water Iov el. 95 Flood Plain - the relative-M. (Int .r lo'ciaed area a. joirdng it, Ever. etn`unn, wute,oour.:e, Wit e, r.'r other Cody- of stanrling water c`hich has been or May be Cover- all temporarily by flood water. For _ -0ministrative mrposes the flood plain may Lit. defined a$ the area that would be inundated by the 100-year flood (U.S. Cori:' of Eagl-, neers "Flood ?lain h.formatlon Re- port, Vol. 3 - TCCh. Appeadfx, Beer and C!as Creek and South Platte Ilfver :::xU n R•yyort of Tan- uarv IPdG"). 9.G rlood Regulatory District Lhat au`e Pre Colt, 'ay the flood "reulata•y a.r,a t; i1[ch has been inprov,il by the Colm'ndo Witte- Consrrraio;t =earl ;:n3 sitowr, on ill c. Erin.id I9ain L. ml:'. Men 'n the office of the C.Yy of Vi-Leas Hldge. !1,7 Flood li,aui oory Arno - that portion of tiro uvd 1>iaht sulao:cs it, Iubwhttloo 11'1 the RN-year flootL Ill W111111 IN d'lerm6lvl by tits 't lit!-y'enr flood, lt:: lcnath or reach' Is determine,! by natural bi5nndn :such as a lake, or by structures such as a (lam or bridge, or by political or 1'1:4 1)J0n,i1 9,Y Flood Storage Area - that . portion of the rrL;i,I! tors area that, rlUlY nut's It. a o`uinotal', stor9ko iron Inn fl: It to il.."i farm ch. Hill 1:•ur 0-1.1 :nl tl,a 11rn l'inlt,t xun,i of Ih" rlo, ul rc,l y. 9,!f f Will f'Am-aan 1.!Intrict lhnt Ad',•a er pr,....... lo,i h>, 01n fit, a(I alar- n;:e are:x whi"It ham bests hydrwlic- dliy doGn",! and shown or. the zo,inl; map hl the office of Lre City of Wile. ..t Ridge. It exists only ::after approl"'late action of the Board of Directors of the Urban 'Drainage ant. Flood Control Dla- trick 9.10 Floodway - that portion of the reSulato'y area required for the reasonable passage or convey- ance of the 100-year flood. This is the area of significant depths, And velocitice and due consideration should be given to effect=. of fill, loss of cros.:-sectional flow area, and resuldrt- increased water sur- face elevaticns. 9.11 Flo :'ray District - that area represented by the fioodway which has been hydraulically de-, fined and shown on the zoning map in the office of the City Coun- cil of the city of R71eat Ridge. 9.12 Flood Profile - a graph on A longitudinal profile showing the, relationship of the water surfa Ce) elevation of a flood event to ICea- tion along a stream or river. 9.13 Flood Proofing - a combina- tion of structural lomvision5, Changes, or adjust louts to proper- ties and rtructures subject to flooding . prirmrily for the reduc- lion or elimination of flood dam- ages to properties, wet[', and Sam- tary facllitlcr, structures, and con- tents of buildings in a flood h t- zard area. 9.14 Flood Protection Elevation- is an elevation Coo foot above the elevation or "flood profile' of the, 100-year flood under cxisting chan- nel and flood Plain conditions. Ic is one foot above the elevation of the flootl for the Flood Plain Or- dinnnco Is shown on the coning map in the office of the Clty of Wheat Riflga. 9,15 Flood stage - for pmrposcle of this Ordinance the term Is used to mean the height or elevation of h flood as Worrell to come datum. For other purposes it is commonly used to refer to Litt` elevation at which a stream. Will overtop Its normal state banns. 9.1G Hundred-year Flood - is one that ha,. a frequence of occur- rence of once in one hundred (300) years determined from an analysis of Hoods On a particular Water- e,nn:aC slid tile. w1(1tVQLlUriit0.1 ill the'amne genm'al region. It has about it nn.: perrrnt ehunc•e of tr• CulVilla In :sty' giten yc;tr. 9-17 Ordinary High Water Hark thr ho:!,-;,L p.`int on the b;uda of tl ul,rmat stag': elntmll4 at mhitdi; the a I'll. I,n'cl has heclt for a : uf- ficient peri o,l of tittle to ),:ive te tic finlW malt. !1.;.% Reach a hydraulic en uecriug soot to dc,cElbe lungitnh- 2243 81! n81 %C_4'tnelltaOt y5lill'C:Un nr rlvc ravh vull ;;rurra y include. thn in CriL PI the Cl':Jd PIAIa '.l'hCCU tea 51eod heights :=ra nriInarily cnn' trolled by mau..mailr cr naUtral l1roll DIaALee,, itY lions. ht nn urban "u'.'n. the sog- ment o[ a le'eam Lri ~1bt r 'C"s. W6, L%Y con.-I re N% Id mout llkply acitY of as Flood P,Ig atora9r CaN - cc above I' Plain -the votumo o[ silt II an area of l1! 0 ed 6YVlilomll«v.tcr hof cen Ue o seauDt.' iven elm ra- 's raven vg1, at a g is $5rd1e59 oC eCtaCr water nany tends IP Ror moving. 'W', "I caID e (S. rednca rue Ure e fnnythp t g a.-f 9.20 S siructed o r r crtctcd, for uca o which requires a mrre or less Pthe mancnt loontlon It It not or in . Ound. I csuds Ill build'.ngsintSac- to objeCts as' M.Prics, siseds, and cabins. 9.71 structure, PernIonent - a: Of Sue" St and I suchu,tway that it would Commonly be expected to , tact . l and n,m, In of U*C Lune fora sub- ' orary 9.72 Structure, Temp a s Isirucrao which is built of Such retaterinis and in such n way that It would commonly be exDectod to 7tavo a rc7atlvclY shor a that would as' is b,rllt fPr a PurPOs Commonly UP expected to be rela- R3vely short-term. 71 a channel, 9,23 vNatcrcourse ugh, avtiii-, {natural dclu"CS-i , Cial ch5nnch gulcs, nrroyP, sl ronm, ~ctv„h, 1wnd, rennrvi ir, or 11, In •tv I v I t.lurm runoff luN'9yot of ♦'u- I Ib'l• Cinar e(Ihn.r n'ss ~hvupvmrlY. 'Thin tt,: hl, bra yi un` trvhnn wt rn prr Y~.vvnP'n Cur ,9t rr nun',,, ntnnfct,:n, nl•:nl,, nt,nt^r- iN'19i' 1UU 39U AN1J raft UtrREU PL7Ii1,,1dlliti? AND I'OS'PED wt flrsl renduu: by , h. voto of G t° C this 12 W day of November, A.ll.. . gEAP, ADOP'PED AND POSTED &1D Pli3YTSIIED AND bra second rand Slnai reading UY vote of GAD this 17tFt day of De- cemL'er, 1070. Albert E. Anders Mor ATTEST: entinel ~ty Clerk rner Wit t rueliss yli intion: es. C33~ s2370 a • 2243 820 2243 820 e--> nal segment, of n ~.1fr:un or rive r. A rv•n!•1, "Ill nrnrrn l7 J' Yneludr I" segment of the flood plain %vhcru are con- ado~mor3lYnaturall flood h ghs m trolled aloud UI:U ~r obsl.ructluua orthcsseg- Iluns. In an or nn•a. I of + strvaam or river erasing two eonseeu it"C bridge f ~roald most Iiholy at a reach.lootl 9.19 Storage Capacity of a F plain -the volume of space above an area of food Plnin lend that can bo ocrnPin at n given time, rcf a Given staFo gnrdlesa of whether UrV ends to moving• Storage cap•M1 reduce dortmstream flood peaks. 9.20 Structure - anylt im; co - a use of 'gtructed or erected, which requires =anent loGstion more e or 1 In pt he ground. Iucludes but it not llmIted to objects sheds, and cnbinsing3, fac- tories, 3.21 Structure, Permanent a~ of and cin Buell attvey that it would Commonly be expected to pta.ntlald ire aineY use u Umo.fot' a sub-period ' 9,22 Structure. Tamparuy a . gtructuro which Is bunt of Bach matat3nls and in such a waY that it would commonly bete xpected io shor ativel • hpta• Is builtifor B, parposo oat wouuld am art be expected W be rele- tivoly short-term. 0,23 Watercourse _ a -lough, cbaanna4 nel. btatural depresslon, ,cial channel, gulch, arroyo, stream, ,raelr, pond, reservmr• or lake in j which storm runoff and flood Wa-ter flows either regularllya or in- major 1 ' i I AND Fvbxr, U vote of 6too 019this 70. 19th day of November A , ORDER- READ, AD0PTIID AND :ED PIDSLISEED AND POSTED :on second and final reading by a ,.to of 6 to 0 this 17th daY of De- cembor. 1970. Nbert E• Anderson ATTEST: 1,mia C. Turner City Published in Wheat Rldge Sentinel pee publication: Dec 31, 1970 f - s . r • rte in • +p •nr tr c ,on t, 1;0;LGe4 4 'mis of this Ordinance. Solid wa;b disposal facilities, such it.% junk- yards or areas for the dutnplnt; of refuse shall also require, n p^rmtt from the city of U'lle•.tt Rt,pn•. 4.55 Uses very similar in later- to permitted uses may be allowcdl provided that they are consistent, with the provisions of this Ordir•-I ance. Section 5.0 Administration 5.1 Flood Plain Administrator:' 'The City Council shall •wlmhdsier the provisions of thls Ordinance. 5.2 Flood Plain Zoning Vermd: A flood plain senior prrmit must be obtained from thn City Council before any now land use subjcu', to the provisions of this Ordinance, may be initiated. 5.3 slapping Disputes: The fol-I lowing procedure shall be used by, the City Council in deciding con-I tested cases in which the location of a district boundary is disputed;t 5.31 In all cases the person con-', testing the location of the districtl( boundary shall be given a reason-; able opportunity to present his' case to the City Council and to, submit his own technical evidence if he so desires. The City Council, shall not allow deviations from the boundary line as mapped un- less the evidence clearly and con elusively establishes that the map. ped location of the line Is Inix r- rect. 6.4 special Exception Perm, a 5.41 Application for: Any use, listed in this Ordinance as requir-' ing a special exception permit may be allowed onl9 up,n application .to the Flood Plain Zoning Admin.' jstrator and Issuance of a spec, lat. exception permit by the City Coup- ure to be Followed in on Special Exception m receiving an appli- special exception per- the use of fill, Con- structures, or storage the City Council shall, aring a decision there- e opinion of the City. (1) Require the applicant to Sub- mit, at the time of application; two copies of an aerial photograph, or a plan certified by a registered engineer. competent in Coen chan- with, respect to the district limits, channel of stream, existing flood plait developments, together with all pertinent information such as the nature of the proposal; legal description of the property, fill limits and elevations: building floor elevations; and flood proof- Inx measuresii (2) Require the applicant to furnish such of the following addi. tional information as to deemed necessary by the City Council 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 the flood plain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development, and high water In- formation. (b) Plan (surface view) showingi elevations or contours of L4e: Ground: nertinent structure. fill or and spatial arrangement of all Proposed and existing structures on the site; location and •eleva- tions of streets, water supply, San- itary facilities and soil typey and other pertinent information. (c) Profile showing the slo:¢e of the bottom of the channel or upon which the de- city council shall he determination of the on each speciat ex. It shall be based on the proposed project with respect to the objectives and purposes of this Ordinance as Stated in the Statement of Pur- pose, Section 1.11, 1.12, 1.13, and 1.14 of this Ordinance. 5.44 The City Council shall act on an application in the manner above described within 60 days from receiving the application. 545 Conditions att.mled to Spe- cial Exception Permits: Upon con- slderation of tie factors listed above and the purposes of this Ordinance, the City Council may attach such conditions, In addition to those required by "p-clai per- mits, as it deems necessary in furthering the purposes of this Ordinance. Such conditions may include specification. for, without limitation because of a specific enumeration; modification of sew- age disposal andwater supply fa-i cilities, mndification of otner waste, dispm+al methods and tnci l?FCr, I:u[, Lsrapimg periods or or. Cpcratinnal Controls, saretir , ',ed restriction, and adequate flood Proofing. (1) Floodproofing. Special excep- tions reeinirinr floofl proofing mca- 'hures such as the following shall be designed wuslstent with the flood protection elevation for the particular area as described in the Specipl Provisions, ScCtlen 4.31: hod flnod velocities, forces and oilier factors nrsncia led with the flood protection elcvatlmt. The City Council shall rcquiro that the nppllcnut submit a plan nr docu. ment eortirled by a registered pro- fessional engineer that the flood proofing measures are consistent, with the flood protection elevation for the particular aria. (a) Anchorage to resist flota- tion and lateral movement. (b) Installation of watertight doors, bulkheads and shutters. (c) Reinforcement of wails to Te91st 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 low- er water levels in structures. (g) Construction of water supply, and waste treatment systems to prevent the entrance of flood waters. (h) Pumping facilities for sub- surface drainage systems•for build- ings to relieve external founda- tion wall and basonent floor pres- sures: (I) Construction to resist rup- ture or collapse, caused by water pressure or floating debris. (j) Cutoff valves on Sewer lines or the elimination of gravity flow, basement drains. Section 6.0 Certificate of Com- pliance. 6.1 No vacant land shall be oc- Cupled or used and no building shall thereafter be erected, alter- ed, or moved on the floor plains of any watercourse nor shall such building be occupied until a cer- tfficate of compliance shall have, been Issued by the City Council. 6.2 The City Council shall re- quest the applicant to submit a 'certification by a registered pro- ,fesslonal engineer that the finlsh- ed fill and building floor elevations, flood proofing measures, or other flood protection factors were so. complished in compliance with the provisions of this ordinance. The City Council shall within ten days after receipt of such certification from the applicant issue a cer- tificate of complance only if the building premises and the proposed use thereof conform with all the requirements of this Ordinance. Section 7.0 Enforcement and Penalties. ^..1 Every structure, building, fill or development placed or main- talned within any flood plain in violation of this Ordinance is a public nuisance and the creation thereof may be enjoined and main- tenance thereof may be abated by action at suit of the City. Any per- sons who places or maintains any violation of this Ordinance may be fined not more than $50 for each offense. Each day during which e',.uh violation exists is a separate offense. Section 8.0 Amendments R.1 The City Council of the City of Wheat Ridge, Colorado may from time to time alter, supple- )v: ,t or change the district boun- :n as and the provisions contain- 1 in this Ordinance in the man- .nr,.r provided by law. ~,.;1 Amendments to this Ordin- ar. a may be made on petition of party In accordance with the, Provisions of the Colorado Revised Statutes. • Section 9.0 Definitions Unless specifically defined be- low, words or phrases used in title Ordinance shall be Interpreted se, se, to give them the same meaning as they have at common law and to give this Ordinance the most reasonable applicaLion. 9.1 Channel - a natural, or arti- fical mmbtreourse of Perecptibld extent, with definite bed and ban)cs to confine and conduct coatnu ously or periodically flowing water. Channel flow thus is that water which is flowing within the limits 9.2 Encroachment Lines - are, Limits of obstntction to flood flows. These lines are generally parallel to the stream. The lines are estab- lished by assuming' that the area landward (outside) of the encroach- ment lines may be ultimately de- veloped in such a way that it will not -6C i tliablo to convey flood (Iowa, The Stream channel and ad- joining "ood plains between these linr:s will he maintained as open epnce ant v:iil be ,adequate to co- vey thr 109-year flood without ad- ve scly incresainr flood heights. 9.;1 Equal Degree of Encroach. merit - i:: esbtbllshed by consider. in, the effect of encroachments on thoS hydraulic efficiency of the Unod plain along a significant roorh of the stream, o both sides. :L I Flood - 1wi ter from a river, straan, u-alrtn•nur e, lake, or other body of standing realer that tem- purmily everflmcs' or Inundate, adin.t Gnt lands,aad which may af- fect other lanris and activities through stitc' elevation, backwater, anal+(r increased ground writer' a 9 s f. Flood Plain - the relatively fiat r blam,, area adjoining a over, stream n•f stn urse, take, r^ ,;her beds, of fita be waif: y,lnlcll has been or may y v,l d temporarily by flood water. For r. For plain se purposes the flood plain may ay b ha dr. fined ais tie area at flobe Inundated by the ers ar hoed iMS. Corps s of En - 100-year ne "Flood Plain lain Information Re- port, Bc Vol. i - Tech. t Hohr and Clear Creek and South Platte River Basin Report Report of Jan- uary, Flood Regulatory District I that t are rhie cy the the been Yeg a ved y area which has been Coronserva by the Colorado S n on tin gland Plain in Zo 'Coning heap In the the Flood Plain Zoning Map In Cle, office or tare City of Wheat Ridge, 9.7 Flood Regulatory Area - that portion of the flood plain Subject 'to inundation by the 100-year flood. Its width is determined by the 700-Year flood. Its length or reach-' is determined by natural bounel 'such as a lake, or by structures -such as a dam or bridge, or by political or legal bounds. 9.8 Flood Storage Area - 'teat 1portion of the reguntbri, area that may serve as a temporary storage . area for flood waters from the 100-year flood and that lieu land-i , ward of the flcodwaY. 9.9 Flood Storage District - that area represented by the flood stor- age area which him been hydraulic- ally 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 Urbant 'Drainage and Flood Control Dis- 9.10 Flcodway - that porton of the regulatory arca required for the reasonable passage or convey- ,once of the 100-year flood. This is the area of significant depths ,and velocities and due consideration should be given to effects' of fill, loss of cross-sectional flow area, and resulting Increased water sur- face elevations. 9.11 Floodway District - that area represented by the fioodway which has been hydraulically de-i fined and shown on the zoning map in the office of the City Coun- cil of the City of Wheat Ridge. 9.12 Flood Profile - a graph on a longitudinal profile showing the Yelationship or the water surfacei elevation of a flood event 'to loca.- ton along a stream or river. 9.13 Flood Proofing - a combina- tion of structural provisions, changes, or adjustments to proper- ties and structures subject to Blooding . primarily for the reduc= tion or elimination of flood dam- ages to properties, water and sanl- ttry facilities, structures, and con- tents of buildings in a flood ha- zard area- 9,14 Flood Protection Elevation— IS an elevation ono foot above the elevation or "flood profile' of ire 100-year flood under existing chant net and flood plain conditions, it is one foot above the elevatlon of the flood for the Flood Plain Or- dina:me as shown on the zcnhhg map in the office of the City of Wheat Ridge. 9,15 Flood Stage - for purposes of this Ordinance the term is used to mean the height or 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 bank-'. MG Hundred-year Flood - 1e, one that has a fr,tquence of Occur- rence of once in one hundrod (100) years determined from an analysis of floods on a particular water- course and other watercourses in till! same general region. It has nLUUt a one liereent chance of OC- eurring In any given year, 9-17 Ordinary High Water Mark - the highest point on the Lank rat a not ncLL Slue channel hL which: the water level has been for a Suf- fiulent period of time to leave a' duftuilC mark. 9.18 Reach it hydraulic engi- neering term to describe 10119ibWi- -1 . a V Introduction by Alderman Joseph Donaldson ORDINANCE NO. On Series of 1970 TITLE: AN ORDINANCE ES- TABLISHING FI.,OOD PLAIN ZONING I-,OR IT' CITY Or WHEAT RIDGE,T COLORADO. Be it Ordained by the City Council of the City of Wheat Ridge, Colorado, that: WHEREAS, Authority for the City of Wheat Ridgo to adopt a flood plain zoning ordinance is contained In Section 89-21-23 (7) .(a), 1963 C.R.S. as amended; and WHEREAS, the uncontrolled use bf the flood plains and water-courses rho erse ould have An adv affect On the public health, safety and wel- fare of the citizens of the City of 'Wheat Ridge. NOW. THEREFORE, IIE IT OR- DAINED that the City of Wheat 'IA— dnea hereby adopt the fol- SECTION LO Purposes. To pro- mote the Public health, safety, and general welfare, to minimize flood losses hazards, in and areas o promote w se fuse bf file flood plain, this flood plain ordinance has been established with the following purposes intended: 1.1 To reduce the hazard of floods to life and property by: 1.11 Prohibiting certain uses which are dangerous to life or property in time of flood. 1.12 Restricting uses which would be hazardous to the public health i7i are particuiarlyri susceptible lwhich tch flood ,damage, me as to alleviate hard- ship and eliminate demands for public expenditures for relief and yrntectioa 1.14 Requiring Permitted flood piAin uses, Inchidh,g Public faeLl- Sties which servo such uses, to be p gte tic d Proofing nndbY proeral against fIQOflA flood protection at Ow time of initial construction. 1.2 Tprotect floood flood whhlch is Occu- pants from or may be caused by their own, or may r, be land use and which is undertaken without full realization of the danger by: 1,21 Regulating the manner hr which structures designed for hu- man occupancy may be constructed as to prevent danger to human within such structures. life 1.22 Regulating the method of construction of water supply and I anitation systems as. aA to pre- vent disease, contamination and unsanitary conditions. t 1.23 Delineating and describing ' areas that could be inundated by floods so As to protect individuals from purchasing flood plain Linda Yor purposes which are not in fact suitable. t;the3 burden oprotect f avoidale public lexpenditures for flood control and relief by: 1,31 Regulating all uses within the flood mPlain ethod re of so '.is to construc duce tion told a pattern of development A whleA will minimize the probabLl- i ity of damage to property and loss oeasab+tants -of life a the tfloodjhand t h 1.4 To protect the storage CnIxe-•- Sty of flood plains and to assure retention of • sufficient floodway i area to convey flood flows which can reasonably be expected to leccur by: ! 1.41 Regulating filling, dumping, 'dredging, and alte•'atfon of chan. Ir' pcls by deepening, widening, or E , relocating. L42 Prohibiting unnecessary and A [damage-creatlug encroachments. 1.43 Encouraging uses such as m ration a 1.5 To Protect the hydraulic chameteriotics of the small water- courses, including the gulches, _ ploughs and artificial rater chan- floo used for mels waters, which make conveying lag Portion of the urban dminrge systain b : 1.51 Regulating filling, U ping and channelization so as to main- tain natural storage Capaclty and slow, flow characteristic. encroachment 1.52 Prohibiting ino the small watercourses to maintain their water carrying ca- parity. 1.53 Encouraging uses such As greenbelt, open spaces, recreation and riding trails. Section 2.0 General Provisions. 2.1 Jurisdiction: The jurisdiction'. of this section Includes all land adjacent to any watorcourse COy- lered by this flood Plain ordinance that would be inundated by the 100-year [feed for that w-uttroourse as defined In the, Definitions see- thin of this Ordinance. j 2.2 interpretation: In their In- j terpretation and aPplieation. the i 'provisions of this Ordinance shall be held to be minimum require- ments and shall be literally Con- strued in favor of the governind Limitation or shall repeal of nny deemed other !power, granted by Colorado Star- ca. &3 Warning and Disclaimer flood of Liability: 'eta degree Of fluid pro- motion intended to be provided by ibis section la considered , reason, on l enginering and e. sciena In tific based methods of study- Larger tle floods flood a height occur may be ciurrnased by titan-made or natural calls", -such as ice lams and bridge 011n- Ings restricted by debris. 7'ltis Or- (ilnance does not imply the areas ouL ids Ilood plain area bnundarica or land uses permitted within such arras will always be totally free from flocdtng or [WOd damages. ,:or shall this section create a, , nbillty on the part of or a cause ,If action against the City of beat Ridge or any officer or em- ,Zvee thereof for any flood dam- on hsat may ce it from reliance 2.4 Adoption of Official Maps: The location and boundaries of the Flood Areas established by this Ordinance are shown upon the "Flood Plater Zoning Maps of the City of R'heat Ridge," which are hereby incorporated Into this or- dinance. The said zoning maps, together with everything shown thereon and all amendments there- to, shall be as much a part of this Ordinance as if fully set forth and described herein. Each change in the official map shall be sub- fect to the Amendment Procedure As required to Section 8.0. Section 3.0 Non-Conforming Uses 3.1 Tire existing lawful use of n structure on premises which is.not of 3.11 No such use shall be ex- panded or enlarged except in con- formity with the Provisions of this Ordinance. 3.12 NO ltru.U¢al Alteration, nd- ditimn, or repair to Ally con- con-loaning structure over the Life of the structure shrill ext,"Ni tl value (50) p^-recut of its 212311•:. at tho flute of its beWmhlg a non- conforming use unless permanent- ly changed to c. conforming use. 3.13 If such use is discontinued for twelve (12) consecutive months, hny future use of the building antl premises shall bonform to this Or- dinance. 3.14 Uses of adjuncts thereof. which are nuisances shall not be permitted to continue as noncon- forming uses. 3.15 Any alteration, addition, or repair to a n y non-conforming structure permitted to Section 3.12 of this Ordinance shall be pro- tected by flood proofing measures pursuant to Proof fig of this toOrdinance. Flood Section 4.0 Flood Regulatory V 4.1 -Application: The City of Wheat Ridge and all Flood Plains within its boundaries comprises ono flood regulatory district„ ter which 100-year flood data load correspond- ing elevations or profiles are avail- able, and which have been ap-1 Proved by the State Water Conser- vation Board. 4.2 Description of District: Tha Flood Plain Ordinance shall in- ciudo the area delineated on the maps and profiles for the 100-year. -flood plain limits for the water- courses in the City of Wheat Ridge, signed by the Engineer, Mayor of the City of Wheat Ridge, and ap-r proved by the Colorado Water Conservation Board, and on file and available in the Clerk and lowing regulations shall apply to all uses within then Floouli ngbthat tory District I n matted s tinder may the termscaoily f this 'Ordinance. 4.31 The flpotl Protection eleva- tion or height ball correspond to m point one foot above the eleva- tion or "Flood Profile" shown on or attached to the flood map for a particular area. 4.32 No 'structure (temporary or permanent) fill, including fill for roads and levees' deposit; star. age of materials; or other flood plain uses which acting alone or sot„rcor m[land o plain t uses existing shat be he efficiency or tue capacnr 11 dhc floodway or Increases flood heights or adversely affects the ''storage capachtY , of he flood plains" based on the assumption that there will be an "equal de- gree of encroachment" extending fns a significant "reach" on boil, sides of the stream." 4.33 No flood plain uses 9i1,11(1 adversely affect the efficiency of- or unduly restrict :ho capacity of the channels or floodwsy3 of any trih,ttarics to tiro mail, stream, drainage ditches, or any other drainage facilities or systems. 4,4 Description of Uses Permitted USM The following open uses shall be Permitted with- in the Flood Regulatory District to the extent that they are not prohibited It a Particular area ba, any underyling zoning ordlrunec. 4.41 Agrirnltcrat uses suCh as: Generai [.naming, pars.ure, truck ",ming, flea 1, sed farming, and wild crop harvesting; 4.42 industrial-commercial kit s such as: loading areas, Par t+ areas, and storage yards eluipnnent or machintry easily mar .cd or not suhjeet to flood dama+ep 4.42 Public and private Mc'a- ational us" not requiring "P(r.l- anent er temporary structures. t • - signed for human habitation rich as: parks, swimming areas. 9(1:' courses, driving ranges, :.Ic'c.c grounds, wildlife, and naturt• pr+,- serves, game farms, fish Ila'.,.h+-- fes, and fishing and hiking -c:: and other recreational uses. 4.44 Utility facilities sue)- as: flowage 'area-s, transmission 'I uls, pipe !fines, water.. monitorh!u' de- roadways, and bridges. 4.5 Special Exceptions: A.V use enumerated in this section may be permitted Only to the Flood Plain u Zoning application to Exception Permltd Of this Ordinance. , 4.51 "Structures" Accessory to Open Uses permitted In Section 4.4 Description of Uses, of this Or- dinance,nenwhether temporary - or permat may be permitted only upon a determination by the City Council pursuant to A finding un- der the procedure required by Sec- tion 5.4 Special Exception Permits of this Ordinance that: (1) Structures will not be de- s?Fried for human habitation: 121 Structures will have a low flood d,uuttge potential: (3) The structure or structures, if Permitted will be constructed and placed on the building site so as to offer the nllnh num obstruc- tion to the flow of flood waters; (a) Whrnnver possible, structures will be cousinwl Cif w.lth the 'oag- liudimrl axt+ pvmiict to tbo data! thi, of flow of flood waters. (b) S„ for as prnctlcnble, strut= tm'es will be Placed son their long- itudinal axes Are approximately on the samt, line as those of adjoining structures. (4) Structures will be firmly an- chored to prevent the structure or building front floating away and thus threatening to further re strict bridges 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 eleva+ Lion for the particular Area. 4.52 Other Structures (Tempor- ary or Permanent for People) .may be permitted only upon a finding by the City Council that: (1) Such structures =hall tom ply Nvi h ItSection 4.51 (3), (4), . (5) this (2) The first float cf any struc-- ture to be erected, constructed, •mr.onstructedor moved on the flood plain 51i all be constructed on fill at or above a point two (2j feet above the 100-year flood ele- vation for he particular area and the fill shall extend at such ele- va.tims at least fifteen (15) feet beyoud iho limits of any structure ho or liuiidiag erected thereon. Base- of any such structures shall Rue flood Proofed per Section 5.45 :(1) of this Regulation. 4.-3 Fills or Deposition of Ma -terials may be permitted only up-. ~Sn a finding by the City Council haC ('n dry fillm v oittinn of See onlill lAt rjwith the 'Sec- ,tion 4[f 4..'. Specie[ FrovLinns, of this Ordinnnce, and f2n The fill or deposition of auft- t,rials Inthe anmuut be thereof will not he greater than is neces- sary to achieve that pur1lose, as demonstrated by A Plan submitted by the owner showing the final dhntenshoas of the proposed fill or miter rnate'hsi And tho use to which filled the The ful or depestiun of ma (2) - teriala does not Imprudently e- dure the flood storal•.e CAPacity of the waterway' unless a permit has been granted by the City of Wheat Ridge And the other requar ens of this section are met: and 1 fill or deiwsition of nmterlais does ,lot encroach plein oil which aOOuld have the (l e I,igniffirmnt and perceptible flow` during the flood, and which for that roasun would help convey the g tired ~teous the l hydraulic oCapac i hl ty And requires appropria(o hydraulic stn,lies antl a review of the urban Impact of such reduction. (4) TIC fill or other materials .will be p,,b cted against erosion by rip-rap, stung vegetative, cov- er or bulls-lwadintr,. 4,54 The Storage or processing, of materials that Are buoyant.; flAmnfable, explosive, er In times; of flooding, could he injurious to human, animal, or plant life, shalt be at or abuvc he flood protection blevatiou far the particular area or "fiend proofed" In comPhanco with Section 5.•15, Conditions At- ,tached to Special Exception Per. i.