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.