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Home My WebLink About20132966.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2013-10 was introduced on first reading on October 2, 2013, and a public hearing and second reading was held on October 21, 2013, and subsequently continued to November 4, and again to December 9, 2013. A public hearing and final reading was completed on December 23, 2013, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2013-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE EFFECTIVE DATE: January 7, 2014 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 30, 2013 PUBLISHED: January 2, 2014, in the Greeley Tribune ao/3-ag&G Affidavit of Publication NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2013-10 was introduced on first reading on October 2, 2013, and a public hearing and second reading was held on October 21, 2013, and subsequently continued to November 4, and again to December 9, 2013. A public hearing and final reading was completed on December 23, 2013, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordi- nance is listed below. Any backup material, exhibits or informa- tion previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150O Street, Greeley, Colo- rado, between the hours of 8:00 a.m. and 5:00 p.m., Monday th- ru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent toan individ- ual Commissioner may not be included in the case file. To en- sure inclusion of your E -Mail correspondence into the case file. please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2013-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE EFFECTIVE DATE: January 7, 2014 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 30, 2013 The Tribune January 2, 2014 STATE OF COLORADO County of Weld, 1 Desirea Larson ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Second day of January A.D. 2014 and the last publication thereof: in the issue of said newspaper bearing the date of the Second day of January A.D. 2014 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. January 2, 2014 Total Charges: $7.46 My Commission Expires 6/14/2017 Notary Public NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2013-10 was introduced on first reading on October 2, 2013, and a public hearing and second reading was held on October 21st, continued to November 4th, continued again to December 9, 2013, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on December 23, 2013. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2013-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: December 23, 2013, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 10, 2013 PUBLISHED: December 14, 2013, in the Greeley Tribune CHANGES MADE TO CODE ORDINANCE #2013-10 ON SECOND READING Amend Title to read as follows: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE Remove all references to Chapter 8, Article V, and replace with Chapter 23, Article Xl, FLOODPLAIN MANAGEMENT ORDINANCE, and renumber all Section references accordingly. Amend Sec 23-11-200. Statutory authorization, to read as follows: Pursuant to the authority granted to the Board of County Commissioners by the Legislature of the State of Colorado in Title 29, Article 20, and Title 30, Article 28, C.R.S., the Board of County Commissioners does hereby adopt the following FLOODPLAIN MANAGEMENT ORDINANCE (referred to generally herein as "ORDINANCE"). Amend Sec 23-11-230.C, Statement of purpose, to read as follows: C. It is also the purpose of this ORDINANCE to ensure that the COUNTY'S requirements meet the minimum requirements of the Federal Emergency Management Agency's ("FEMA") 0?Di3-a96)4> Flood Insurance Program Regulations [found at 44 CFR Parts 59, 60, 65, and 70 (2010), and referred to herein to each individual section, or collectively as "the Federal Flood Insurance Program Regulations"], and the Colorado Water Conservation Board ("CWCB") "Rules and Regulations for Regulatory Floodplains in Colorado" (referred to herein as "CWCB FLOODPLAIN Rules"), adopted in effect as of January 14, 2011 (found at 2 CCR 408-1). As such the National FLOOD Insurance Program regulations and the CWCB FLOODPLAIN Rules are incorporated herein by reference. In the event this ORDINANCE conflicts with Federal or State laws and/or regulations, the more restrictive law or regulation will control. Amend Sec. 23-11-250, Basis for establishing the SPECIAL FLOOD HAZARD AREA, to read as follows: The SPECIAL FLOOD HAZARD AREA identified by FEMA in a scientific and engineering report entitled, "The Flood Insurance Study for Unincorporated Weld County and Town of Eaton, Colorado," dated September 22, 1999, with accompanying FIRM and FBFM and any revisions thereto are hereby adopted by reference and declared to be part of this ORDINANCE. These SPECIAL FLOOD HAZARD AREAS identified by the FIS and attendant mapping are the minimum area of applicability of this ORDINANCE and may be supplemented by studies designated and approved by the Board of County Commissioners, CWCB, and FEMA. The FLOODPLAIN ADMINISTRATOR shall keep a copy of the FIS, FIRMs, and/or FBFMs on file and available for public inspection. Amend Sec 23-11-310, Definitions, to read as follows: Unless specifically defined below or in Section 23-1-90 of this Code, words or phrases used in this ORDINANCE shall be interpreted to give them the meaning they have in common usage and to give this ORDINANCE its most reasonable application. The following specific words or phrases in uppercase letters shall have the meanings as stated in this Section. Amend Sec. 23-11-310, Definitions, to delete the following definitions: ADJACENT, BUILDING, CCR, CFR, COUNTY, CWCB, DFIRM, FEMA, LOT, OIL AND GAS PRODUCTION FACILITIES, TANK BATTERY, AND USE. Amend Sec. 23-11-310, Definitions, to revise the following definitions to read as follows: FLOODWAY (REGULATORY FLOODWAY): The CHANNEL of a river or other WATERCOURSE and the ADJACENT land areas that must be reserved in order to discharge the BASE FLOOD without cumulatively increasing the WATER SURFACE ELEVATION more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six (6) inches). Holders of valid LETTERS OF MAP REVISION to existing FLOODWAY delineations may continue to use the FLOODWAY criteria in place at the time of the existing FLOODWAY delineation by FEMA. FEMA's mapped FLOODWAYS are shown on the FIRM and FBFM maps. LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the FLOODPLAIN shown on the FIRM based on the placement of FILL outside of the existing regulatory FLOODWAY. LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any crawlspace or BASEMENT. Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation, or any combination thereof. This includes any floor that could be converted to such a use such as a BASEMENT or crawlspace. Any unfinished or FLOOD resistant enclosure, useable solely for parking or vehicles, BUILDING access, or storage in an area other than a BASEMENT area is not considered a BUILDING'S LOWEST FLOOR; provided that such enclosure is not built so as to render the STRUCTURE in violation of the applicable non -elevation requirement of 44 CFR 60.3. MANUFACTURED HOME: A STRUCTURE transportable in one (1) or more sections, which is built on a permanent chassis and is designed for USE with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a RECREATIONAL VEHICLE. For the purposes of compliance with the requirements of this Article XI, the same rules applying to MANUFACTURED HOMES shall apply to MOBILE HOMES. SPECIAL FLOOD HAZARD AREA: Is the land in the FLOODPLAIN within the COUNTY subject to a one percent or greater chance of FLOODING in any given year. The area may be designated as Zone A, AE, AH, AO, or A1 -A99 on the FIRM or FHBM. SPECIAL FLOOD HAZARD AREAS are periodically amended by FEMA via a LETTER OF MAP CHANGE. The designated SPECIAL FLOOD HAZARD ZONE AREAS are as follows: A. Zone A (Approximate Floodplain) is a SPECIAL FLOOD HAZARD AREA where BASE FLOOD ELEVATIONS and FLOOD hazard factors have not been determined by FEMA. B. Zone AH is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and depths are between one (1) and three (3) feet and BASE FLOOD ELEVATIONS are shown but no FLOOD hazard factors have been determined by FEMA. C. Zone AO is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and flood depths are between one (1) and three (3) feet with the average depth of FLOODING shown but no FLOOD hazard factors have been determined by FEMA. D. Zones AE and A1 -A30 are SPECIAL FLOOD HAZARD AREAS where BASE FLOOD ELEVATIONS and FLOOD HAZARD factors have been determined by FEMA. E. Zone B and Zone X (shaded) are SPECIAL FLOOD HAZARD AREAS that are between the limits of the 100 -YEAR and the 500 -YEAR FLOOD. F. Zone C and Zone X (unshaded) are SPECIAL FLOOD HAZARD AREAS that are at minimal risk of FLOODING. Amend Sec. 23-11-320. Designation of the FLOODPLAIN ADMINISTRATOR, to read as follows: The Director of the Department of Planning Services, or his or her designee, is hereby appointed the FLOODPLAIN ADMINISTRATOR to administer and implement the provisions of this ORDINANCE and all applicable sections of 44CFR, National Flood Insurance Program Regulations, pertaining to FLOODPLAIN MANAGEMENT. Amend Sec. 23-11-330.1 and 23-11-330.K, Duties of the FLOODPLAIN ADMINISTRATOR, to read as follows: I. Per 44CFR 60.3(c), for waterways with BASE FLOOD ELEVATIONS for which a regulatory FLOODWAY has not been designated, no NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS, or other DEVELOPMENT (including FILL) shall be permitted within Zone A1 - A30 and AE on the COUNTY'S FIRM, unless it is demonstrated that the cumulative effect of the proposed DEVELOPMENT, when combined with all other existing and anticipated DEVELOPMENT, will not increase the WATER SURFACE ELEVATION of the BASE FLOOD more than one-half foot (six (6) inches) at any point within the COUNTY. K. Per 44CFR 65.12, notwithstanding any other provisions of this ORDINANCE, the COUNTY may approve certain DEVELOPMENT in Zones A1-30, AE, or AH, on the COUNTY'S FIRM which increases the WATER SURFACE ELEVATION of the BASE FLOOD by more than one-half foot (six (6) inches), provided that a CLOMR is submitted to FEMA which fulfills the requirements of 44CFR 65.12 and receives FEMA approval. Amend Sec. 23-11-340.B. Exemptions, to read as follows: B. Private and public recreational USES that do not include overnight vehicle parking or camping which is otherwise in violation of provisions of this Chapter 23; Amend Sec. 23-11-350.B. Permit procedures, to read as follows: B. No permit shall be issued nor shall any START OF CONSTRUCTION begin, DEVELOPMENT occur, BUILDING or STRUCTURE be erected, constructed, replaced, or SUBSTANTIALLY IMPROVED within the 100 -YEAR FLOODPLAIN as shown on the FEMA designated maps until a FLOODPLAIN DEVELOPMENT PERMIT for such DEVELOPMENT, BUILDING, or STRUCTURE has been approved by the FLOODPLAIN ADMINISTRATOR. Any person filing an application for a FLOODPLAIN DEVELOPMENT PERMIT for a DEVELOPMENT, STRUCTURE, or MANUFACTURED HOME is required to comply with the procedures and application requirements listed in this ORDINANCE. Any DEVELOPMENT, BUILDING, or STRUCTURE which is to be located within the FLOODPLAIN, as defined by the FIRM is required to obtain a FLOODPLAIN DEVELOPMENT PERMIT in accordance with this ORDINANCE. A FLOODPLAIN DEVELOPMENT PERMIT shall be obtained for all DEVELOPMENT, BUILDINGS, or STRUCTURES which are to be located within the FLOODPLAIN regardless of building permit requirements. Nothing in this ORDINANCE shall be construed as exempting an applicant for a FLOODPLAIN DEVELOPMENT PERMIT from any other COUNTY regulatory requirements. Amend Sec. 23-11-350.C.3.e. Permit procedures, to read as follows: e. WATER SURFACE ELEVATIONS of the BASE FLOOD ELEVATION at the BUILDING site. If the WATER SURFACE ELEVATIONS are not shown on the FBFM or FIRM, the applicant's engineer shall use acceptable methodology to determine the WATER SURFACE ELEVATIONS and show them on the map; Amend Sec. 23-11-360.J. General standards, to read as follows: J. Per CWCB FLOODPLAIN Rule 11, a FLOODPLAIN DEVELOPMENT PERMIT shall not be issued for the construction of a new STRUCTURE or ADDITION to an existing STRUCTURE on a property removed from the FLOODPLAIN by the issuance of a FEMA LOMR-F, if the LOWEST FLOOR ELEVATION, including the BASEMENT or crawlspace, is less than one foot (twelve (12) inches) above the BASE FLOOD ELEVATION that existed prior to the placement of FILL. Amend Sec. 23-11-360.L. General standards, to read as follows: L. Per CWCB FLOODPLAIN Rule 6, all new CRITICAL FACILITIES, SUBSTANTIALLY IMPROVED CRITICAL FACILITIES, and ADDITIONS to CRITICAL FACILITIES shall either be FLOODPROOFED or ELEVATED a minimum of two (2) feet (twenty-four (24) inches) above the BASE FLOOD ELEVATION. Facilities that are exempted from the definition of CRITICAL FACILITIES must still meet all of the other FLOODPLAIN regulations. Ingress and egress for new CRITICAL FACILITIES shall, when practicable, have continuous non -inundated access during a 100 -YEAR FLOOD event. Amend Sec. 23-11-360.M. General standards, to read as follows: M. Barns with no habitable living spaces or sanitary systems toilets, loafing sheds, detached garages with no habitable living spaces, boathouses/boat docks with no habitable living spaces, and storage sheds may be FLOODPROOFED by the FLOOD venting measures described below: 1. FLOOD vented STRUCTURES shall be anchored to resist floatation, collapse, and lateral movement; 2. FLOOD vented STRUCTURES shall be constructed using FLOOD resistant materials below the BASE FLOOD ELEVATION plus one (1) foot; 3. All utility equipment in a FLOOD vented STRUCTURE shall be elevated or made WATERTIGHT to prevent the accumulation of FLOOD water in the components; 4. There shall be a minimum of two openings on different sides of each enclosed area, and if a BUILDING has more than one enclosed area below the BASE FLOOD ELEVATION, each area shall have openings on exterior walls; 5. The total net area of all openings shall be at least 1 square inch for each square foot of enclosed area, or the openings shall be designed and the construction documents shall include a statement that the design and installation will provide for equalization of hydrostatic FLOOD forces on exterior walls by allowing for the automatic entry and exit of floodwaters; 6. The bottom of each opening shall be 1 foot or less above the adjacent ground level; 7. The openings shall be located below the BASE FLOOD ELEVATION; 8. Openings shall be at least three (3) inches in diameter; and 9. Any louvers, screens or other opening covers shall allow the automatic flow of floodwaters into and out of the enclosed area. Openings installed in doors and windows that meet requirements above are acceptable, however, doors and windows without installed openings do not meet the requirements of this Subsection M. Amend Sec. 23-11-370. Specific standards for Approximate Floodplains (Zone A), to read as follows: In addition to the general standards in Section 23-11-360, the following provisions are required for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated as Zone A (Approximate Floodplain): A and B - No change. C. Per 44CFR 60.3(b), for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS, with fully enclosed areas below the LOWEST FLOOR that are used solely for the parking of vehicles, BUILDING access, or storage in an area other than a BASEMENT and which are subject to FLOODING shall be designed to automatically equalize hydrostatic FLOOD forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered Colorado Professional Engineer or architect to meet or exceed the following minimum criteria: 1 through 4 - No change. 5. Openings shall be at least three (3) inches in diameter; and Remainder of Section - No change. Amend Sec. 23-11-380. Specific standards for FLOODPLAINS with BASE FLOOD ELEVATIONS (Zones A1 -A30, AH, AO, and AE), to read as follows: In addition to the general standards in Section 23-11-360 and specific standards for Approximate Floodplains in Section 23-11-370, the following provisions are required for all NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated as Zones Al through A30, AH, AO, and AE: A. Per 44CFR 60.3(c), when a regulatory FLOODWAY has not been designated, the FLOODPLAIN ADMINISTRATOR shall require that no NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS, or other DEVELOPMENT, including FILL, shall be permitted within Zones A1-30 and AE on the COUNTY'S FIRM, unless it is demonstrated that the cumulative effect of the proposed DEVELOPMENT, when combined with all other existing and anticipated DEVELOPMENT, will not increase the WATER SURFACE ELEVATION of the BASE FLOOD more than half a foot ( six (6) inches) at any point within the COUNTY. B. No change. C. Per 44CFR 60.3(c), existing MANUFACTURED HOMES that are placed or SUBSTANTIALLY IMPROVED on sites in an existing MANUFACTURED HOME PARK OR SUBDIVISION within Zones Al through A30, AH, and AE, and that are not subject to the provisions of the above Subsection B, shall be elevated so that either: 1. The LOWEST FLOOR of the MANUFACTURED HOME is a minimum of one foot above the BASE FLOOD ELEVATION; or 2. The MANUFACTURED HOME chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. D. No change. E. Per 44CFR 60.3(c), Zone AO (shallow flooding) areas can be located within the SPECIAL FLOOD HAZARD AREA. These SPECIAL FLOOD HAZARD AREAS are associated with BASE FLOOD depths of 1 to 3 feet where a clearly defined CHANNEL does not exist and where the path of FLOODING is unpredictable and where velocity flow may be evident. Such FLOODING is characterized by ponding or sheet flow. The following provisions shall apply: 1. All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS of residential STRUCTURES shall have the LOWEST FLOOR (including BASEMENT or crawlspace) ELEVATED above the HIGHEST ADJACENT GRADE at least one foot above the depth number specified in feet on the FIRM. If no depth number is provided on the FIRM, the LOWEST FLOOR (including BASEMENT or crawlspace) shall be a minimum of three (3) feet above the HIGHEST ADJACENT GRADE. Upon completion of the STRUCTURE, the elevation of the LOWEST FLOOR, including the BASEMENT or crawlspace, shall be certified by a registered Colorado Land Surveyor. Such certification shall be submitted to the FLOODPLAIN ADMINISTRATOR. 2. With the exception of CRITICAL FACILITIES, all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any commercial, industrial, or other non- residential STRUCTURES shall either have the lowest floor (including BASEMENT or crawlspace) ELEVATED a minimum of one foot above the BASE FLOOD ELEVATION (at least three (3) feet if no depth number is specified) or, together with attendant utility and sanitary facilities, be designed so that at one foot above the BASE FLOOD level, the structure is WATERTIGHT with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect licensed in the State of Colorado shall develop and/or review the structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice. 3. Adequate drainage paths shall be established to guide FLOOD waters around and away from proposed STRUCTURES. F. Per 44CFR 60.3(c), notwithstanding any other provisions of this ORDINANCE, the COUNTY may approve certain development in Zones A1-30, AE, or AH, on the COUNTY'S FIRM which results in the increase of the BASE FLOOD WATER SURFACE ELEVATION by more than one-half foot (six (6) inches), provided that a CLOMR is submitted to FEMA which fulfills the provisions of 44CFR 65.12 and receives FEMA approval. Amend Sec. 23-11-390. Specific standards for FLOODPLAINS with FLOODWAYS, to read as follows: FLOODWAYS are administrative limits and tools used to regulate existing and future FLOODPLAIN DEVELOPMENT. The State of Colorado has adopted FLOODWAY standards that are more stringent than the FEMA minimum standard. Located within the SPECIAL FLOOD HAZARD AREA are areas designated as FLOODWAY. Since the FLOODWAY is extremely hazardous due to the velocity of FLOOD waters which carry debris, potential projectiles and erosion potential, the following provisions, in addition to the provisions of the general standards in Section 23-11-360, specific standards for Approximate Floodplains in Section 23-11-370, and specific standards for FLOODPLAINS with BASE FLOOD ELEVATIONS in Section 23-11-380, for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are located in FLOODWAYS shall apply: A and B - No change. C. Per 44CFR 60.3(d), notwithstanding any other provisions of this ORDINANCE, the COUNTY may approve certain development in Zones Al through 30, AE, or Al -I, on the COUNTY'S FIRM which results in the increase of the BASE FLOOD WATER SURFACE ELEVATION by more than one-half foot (six (6) inches), provided that a CLOMR is submitted to FEMA which fulfills the provisions of 44CFR 65.12 and receives FEMA approval. Amend Sec. 23-11-400.6.6. Specific standards for FLOODPLAIN Studies, to read as follows: 6. Irrigation facilities, including, but not limited to, ditches and canals, may be used as stormwater or FLOOD conveyance facilities, if approved by the irrigation facility owners. Amend Sec. 23-11-400.C.8. Specific standards for FLOODPLAIN Studies, to read as follows: 8. A minimum LEVEE freeboard of three (3) feet shall be necessary with an additional 1 - foot of freeboard within 100 feet of either side of hydraulic structures within the LEVEE or wherever the flow is constricted such as at bridges. An additional 0.5 -foot above this minimum is also required at the upstream end of the LEVEE. Amend Sec. 23-11-410. Appeal of FLOODPLAIN ADMINISTRATOR'S administrative decision, to read as follows: Appeal of any FLOODPLAIN ADMINISTRATOR'S administrative decision regarding the application or interpretation of this ORDINANCE shall be addressed pursuant to Section 2-4-10 of this Code. Amend Sec. 23-11-420.A.d. VARIANCE procedures, to read as follows: d. A statement that demonstrates there is good and sufficient cause for granting a VARIANCE. Amend Sec. 23-11-420.A.e. VARIANCE procedures, to read as follows: e. A statement must demonstrate that an unnecessary hardship will be created if a VARIANCE is not approved. Amend Sec. 23-11-430. VIOLATIONS and penalties, to read as follows: The COUNTY, through the Department of Planning Services or other departments so authorized, may enforce this ORDINANCE through methods included in this ORDINANCE or through other methods adopted by the Board of County Commissioners. The methods provided in this ORDINANCE for violations and penalties are authorized by § 30-28-124, and § 30-28- 124.5, C.R.S. Engineering staff in the Department of Public Works shall assist the FLOODPLAIN ADMINISTRATOR in interpretation and calculations of the engineering aspects or components of enforcement. Amend Sec. 23-11-440.C, Criminal penalties, to read as follows: C. Whenever the Department of Planning Services, through one (1) of its employees, has personal knowledge of any VIOLATION of this ORDINANCE, it shall give written notice to the violator to correct such VIOLATION within thirty (30) days after the date of such notice. Should the violator fail to correct the VIOLATION within such ten-day period, the Department of Planning Services may request that the Weld County Sheriff's Office issue a summons and complaint to the violator, stating the nature of the VIOLATION with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge. One (1) copy of said summons and complaint shall be served upon the violator by the Sheriff's Office in the manner provided by law for the service of a criminal summons. One (1) copy each shall be retained by the Sheriff's Office and the Department of Planning Services and one (1) copy shall be transmitted to the Clerk of the Court. Amend Sec. 23-11-460.A. Civil penalties, to read as follows: A. It is unlawful to erect, construct, reconstruct, alter, or USE any BUILDING, STRUCTURE, or land in violation of this ORDINANCE. In addition to any penalties imposed pursuant to Weld County Code Sections 23-11-440 and 23-11-450 above, any person, firm or corporation violating any such regulation, provision or amendment thereof or any provision of this ORDINANCE may be subject to the imposition, by order of the COUNTY Court, of a civil penalty in an amount of not less than two -hundred and fifty dollars ($250.00) nor more than five - hundred dollars ($500.00). It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this Subsection, the remedies set forth above, or any combination of the three. Each day after the issuance of the order of the COUNTY Court during which such unlawful activity continues shall be deemed a separate VIOLATION and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to exceed fifty dollars ($50.00) for each such day. Until paid, any civil penalty ordered by the COUNTY Court and assessed under this Subsection shall, as of recording, be a lien against the property on which the violation has been found to exist. In case the assessment is not paid within thirty (30) days, it may be certified by the County Attorney to the County Treasurer, who shall collect the assessment, together with a ten -percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of the State for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this Subsection. Any lien placed against the property pursuant to this Subsection shall be recorded with the County Clerk and Recorder. Amend Sec. 23-11-460.C. Civil penalties, to read as follows: C. The Department of Planning Services, through one (1) of its employees, shall, upon personal information and belief that a VIOLATION of any regulation or provision of this ORDINANCE, give written notice to the violator to correct such VIOLATION within ten (10) days after the date of such notice. If the violator fails to correct the VIOLATION within such ten-day period or within any extension period granted by the Department of Planning Services, the Department of Planning Services may request that the County Sheriff or the County Attorney issue a summons and complaint to the violator, stating the nature of the VIOLATION with sufficient particularity to give notice of such charge to the violator. Amend Sec. 23-11-460.F. Civil penalties, to read as follows: F. Upon the filing with the Court of a receipt issued by the County Treasurer showing payment in full of a civil penalty assessed pursuant to this Section and upon the filing of an affidavit of the Department of Planning Services that the VIOLATION has been cured, removed or corrected, the Court shall dismiss the action and issue a satisfaction in full of the judgment so entered. Amend Sec. 23-11-460.G. Civil penalties, to read as follows: G. If a receipt showing full payment of the civil penalty or the affidavit required by Subsection F above is not filed, the action shall continue and the Court shall retain jurisdiction to impose an additional penalty against the violator in the amount specified in Subsection A of this Section. Such additional penalty shall be imposed by the Court upon motion filed by the COUNTY and proof that the VIOLATION has not been cured, removed or corrected. Thereafter, the action shall continue the penalty and any additional penalties so assessed and the filing of an affidavit of the Department of Planning Services that the VIOLATION has been cured, removed or corrected. Amend Sec. 23-11-470. Relationship to other ordinances, to read as follows: The Department of Planning Services shall withhold issuance of Building Permits if the erection, construction, reconstruction, alteration, or USE of the property does not conform to the terms set forth in this ORDINANCE. Amend Sec. 23-1-90. Definitions. Delete the definitions for: ALTERATION OF A WATERCOURSE; AREA OF SPECIAL FLOOD HAZARD; BASE FLOOD; CHANNEL (FLOODPLAIN); CRITICAL FEATURE; ELEVATE; FLOOD HAZARD AREA; FLOOD INSURANCE RATE MAP (FIRM); FLOOD INSTURANCE STUDY; FLOOD, ONE -HUNDRED -YEAR; FLOOD WATER DEPTH; FLOODPLAIN; FLOODPROOF; FLOODWAY; INTERMEDIATE REGIONAL FLOOD (BASE FLOOD, ONE -PERCENT FLOOD, ONE -HUNDRED -YEAR FLOOD); LEVEE; LEVEE SYSTEM; LOWEST FLOOR; MEAN SEA LEVEL; NEW CONSTRUCTION; REGULATORY FLOOD DATUM; RELOCATION OF A WATERCOURSE; SUBSTANTIAL IMPROVEMENT; WATER SURFACE ELEVATION; and WATERTIGHT. Delete the following definitions that were used in the administration of repealed Chapter 23, Article II, Division 6 (Flood Hazard Overlay District Development Permit) or Chapter 23, Article V, Division 3 (Flood Hazard Overlay District): BASEMENT; DEVELOPMENT; EXISTING MANUFACTURED HOME PARK or SUBDIVISION; EXPANSION TO AN EXISTING MANUFACTURED HOME PARK or SUBDIVISION; MANUFACTURED HOME; MOBILE HOME; MOBILE HOME PAD; NEW MANUFACTURED HOME PARK or SUBDIVISION; PROGAM DEFICIENCY; RECREATIONAL VEHICLE; REMEDY A VIOLATION; START OF CONSTRUCTION; STRUCTURE; SUBSTANTIAL DAMAGE;VARIANCE; and VIOLATION. Amend the definitions of APPEAL; FILL; FLOOD; FLOOD HAZARD AREA; OVERLAY ZONING DISTRICT; and WATERCOURSE, as follows: APPEAL: The request for a review of the County's interpretation of any provision of this Chapter or a request for a VARIANCE, with the exception of appeals and variances pursuant to Article XI of Chapter 23 of this Code.. FILL: As defined in Section 23-11-310 of this Code. FLOOD: As defined in Section 23-11-310 of this Code. OVERLAY ZONING DISTRICT: A zoning district superimposed over the UNDERLYING ZONING DISTRICT which places further restrictions upon land USES. These restrictions are intended to protect the public health, safety and welfare from man-made and natural disasters such as airplane accidents, FLOODS and GEOLOGIC HAZARDS. DEVELOPMENTS within the OVERLAY ZONING DISTRICT shall conform to the requirements of both zones. WATERCOURSE: As defined in Section 23-11-310 of this Code. Add the following definition: SPECIAL FLOOD HAZARD AREA: As defined in Section 23-11-310 of this Code. Amend the reference to FLOOD HAZARD AREA to state reference to SPECIAL FLOOD HAZARD AREA in Sections 23-2-50 C.3.g; 23-2-690 A.13 and CS; and 23-2-750 C.2 of this Code. Amend Sec. 23-6-10. Powers and duties, to read as follows: A and B - No change. C. The Board of Adjustment has the power to hear and decide appeals for variance from the terms of this Chapter, with the exception of appeals for variance from Art. XI Floodplain Management Ordinance which are heard and decided by the Board of County Commissioners, or Chapters 26 and 27 of this Code as Chapters 26 and 27 are applied to individual LOTS or parcels. Appeals for variance may be brought to the Board of Adjustment when, because of special conditions relating to the subject land, a literal enforcement of the provisions of this Chapter and Chapters 26 and 27 of this Code would result in unnecessary hardship to the appellant. 1 through 6 - No change. 7. No variance from Chapters 26 and 27 of this Code shall be allowed where the term from which the variance is sought is one that was raised as an issue during the PUD zone or final plat process. Delete Sec. 23-6-50. Appeals for variance within Flood Hazard Overlay District. Delete proposed revisions to Chapter 30. Affidavit of Publication S f,A IE OF COLORADO County of Weld, I Desirea Larson ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley. in said county and state; that the notice or advertisement, of which the annexed is a true copy. has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Fourteenth day of December A.D. 2013 and the last publication thereof: in the issue of said newspaper bearing the date of the Fourteenth day of December A.D. 2013 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. December 14, 2013 Total Charges: $160.00 14th day of D My Commission Expires 6/14/2017 Notary Public rvxr ROBERT LITTLE NOTARY PUBLIC NOTARY ID 20014018494 00 MY COMMISSION EXPIRES JUNE 14, 2017 3GLUI Way, JUL 14, FIRMnl:EoORADIANCEA"FLOO°V°PLAIN DEDEVELOPMENT ELOPMENT PERMII"m:"AD Nei: ae v pEeiter- wosar STRUCTURES DAMI ADrA ADlE red vending pedal ApwaADAA. VAOAOIME"E"OONCTEEEFMieo"'A;DDANWCOOUN"Y1'en plunlbre FLO "CB PLAIN me DDUDAAry ADNAremanla. E eEVATIONSDEre DANE FLO T'o • seC we ADIN NIEtEta Mai ID aTAPer COGS IN DEVELOPMENT shall nol be issued Irvine constrodron of new ry IT STRUCTURE orAgDDTNNtoo an wESr FLONADIAD ilAG ELEVATION. M kASE BASEMENT o' NOTICE OF SECOND READING OF ORDINANCE Pursuant to the WEIT Cwnry Home Rule Charier Ordinance nNumbs 20013In e etoTintrodga shad DI OADSAHn October e p I eennpa againlo A°'Nreeedn 9 MSm '� said Ordinance ere moms!. to 225 or fax 197013.52 roRine Magna 011. ts. I , Mnn kND .Please cannel dw.C g, 0242 prpor na rennervamp N inis Planer may. exams.. in tne office al ihe Clad( W the Board of c`°r..,AAS OADD co usi EMIR messages sant to en individual Commompnar may not be intluded a copy O .wad correspondence AND caw ND ORDNANCEOplease NO 2 S mu'. AMENDMAMENDMENTS NTi CHARTER 23 ZONING, OF THE 10 WELD COUNTY TITLE IN THE MATTER OP REPEALING AND COOP NG WITH W ▪ ELD COUCOUNTY NTY COMMISSIONERS PUBES Detente, PUBLISHED 3. in the Greerry OWE CHANGES MADE TO CODE ORDINANCE e2Cla-10ON SECOND HEADING "HNACTING WITH AMENDMENIN FIS CHAPHE TER 23 ZONINOF G OF AND WELD COUNTY CODE ,nrelwDAADDACn AmdDV ads rat CNHPIer26.A FL'COOPLAIN MANAGLMENTOBLINANLE endnnu'mber Ul SwWnaelelercee xl e ommglr Amends w a,m; a tne ae re oYeLegislature ST the MANAGof EMENT° ORDINANCE °0e adopt FLOOOPLAIN ED Amend Sec .23-1I-230.0. Statement ol purpose, ID read as follows C it is penis e PeF Agenciesalso �ynManagementre al 44 60 65 AM m GRIM. nrMAHlmedo seMo o e DMFederal Le Pmgrem HegulmlonsI.an foe COImATA Wder va ones all dose COWCEPI "Pulse and HLIuLai and CD"am' I2lerod to neren es "CMG FL°OO'PL Ruler). nd as DI DIADDM MIROCH 4M.I1- O1he LOODMo PEW.. L¢`rre IP'FPe'enl"tlENI�S SOHONANDFFDFII Hill F`emDl o°gMleMli ArAIVI miluDI EF nn WAIT 4T4.4 a Hr DelaAAnwill Mnlra z211 ODD.. Basis Mr enaomN AND SPECIAL FLOOD HAZARD AREA. to read as NPECDAL re OHAZARD AREAIdenmred by FEMA m asdmena and enpinefoe ROW Insurance SREA for ammo. AIlS Wald Comp I`M" ndEPo NI andAM°din, dn, theme der 22 dedared Na ran ORDINANCE Them SPECIAL FLOOD by HAZARD m byaleFs ens enend.nl maPASa,e ledE AlAa,.a of apPlMabalna as follows Los Ne BS DMMSe ead..emameare Dm Emmugreaof AAPIDAMpree ^edm.,on a rat standardsIn season 23,imso Ina imam, 11 endemismon a Wnenl mvexmdupr o Cmnry D AN IImaa, CWC5, andµ EMa ere rereuR U eligpE LONBiPTON and sVB6TI.NTIIL IMPPOVFMENi9 "' ryN•laws lSrlheaele entl redemNrM SATeM eMT�deepmamryollM FIS, e. enWV FBFMa on Ale entl 'hats a rn CIAL ROOD HAZARD AREAS Magnaled ae ZoneASAP7AmpmpSMANrlmes,slWl eppN to Me mllerelpr Dlaxxesimena pursuant ro role aveua by Ihe Board r (Arorouma¢Hpmpinnk MA IAPPe County E'PP El�nd a'PRR lAe pmpeM pursuenl IEGSliMedrm Melds OP ma Renorder Amend Sunleec ) TMei Walls's Armadas BD.). - 5 WCCC.. Reams A'A'A ORDINANCE OE ned bolow Of PP Section I, O 6UASTAMAL CliciDEFFilcientarsSlIBIFFFVIOLATION I e ge p C E V 1v E O E LOOR M ORO y "r'Mel. ml Of es a a IDIAShe SMMAoo d•raeef VDDD en M,X here ANN a p5 Ear 9 Moles M BUILDING ID OD TON pye rea such VIOLATIONrDIID OUF lhat Lhe CAunry SnarM or the Cpw Altar issue a aura ns a I complain, Ls Ille Mame ox era'F�L00'om dAVDADncereNIINDVn appmvaeovine naalionlaDirNT Amend Se r. e. Specific standards o FL000PLAN Studies o read HI follows: O A minimum LEVEE freeboard of three AE MUM foal Move InisAmeMum is also rewired al the upsweep end ol the LEVEE "Max 5- ARAM See 23.11-110 decision to reed as Appeal of LOODPLA1N ADMINISTRATORS ro followsd this ORDNANCE and de addressednelialim Dummaon n, eareline OODPUNfor ue usuarc Section 2 410 of mu Code Amend Sec L General stands.. In furl as L Par ACE FLOODPIe CRITICAL FACILITIES, SUBSTANTIALLY OED FACILITIES. LATED a minmumlOf o CRITICAL (21 SUBSTANTaLLl either IMPROVED¢ CRITICAL azl llwenryiour L2AuiINeel ADwe Me BASE FLOOD ELEVATION Fed nm Chet Alare exempted ficip GRIMM. FAOIITEB muM still meal DISI IM 'AMA nou .9.4 Al accessCRITICALduring FACILITIES shall. when FLOOD Rim,fore, nave domm n. access du FA ILIRIE non NIIAAIeN^IlSg smaa s..'Malhoua stool dada s. loafing sheds. lact• erdAgallahgensilnabliable living IN d storage s °FLODPRWFED by me FLOOD 'gvAUDT below venting "OOODADsea STRICTURES anal De ancbiM lo testa {balance M am lateral movement. 'I ' maerrala°ryry" mD BAD°FOOODEEVATION PALSSAD ii{Pdb°°C raMeMnl WATFITIOHT Ito raenrnes muaAADI FHL pwaxmne acm ems, W for sd e BASE F'LWD 5 -Metered net area of all ODenings shall ne al least I fool of enclosed ams or ihe openin99 shall tie designed square weds Mn tion arch,e permentry : hydwei1eel of a11statementWes on extern and Patella's. w Diemen for foe amomalre foe em el dam opening shell ae l fool verses above DMADRDanl ground 7. openings mall be 'Waled Mbv the BASE FLOOD ELEVATION. B Ope IDNa1M DAAa.I IT¢e Tm mmexm duffle. 'PT and MAvalas mreaneaameeen MHDDIDL ,MII.Iawn tmanc Xwe Ar Openings insiallad In doors anli 44104 thal PAM iXplraMPMS above am arehoents of ever.d Subsection windows IDMAl rrsl.Ive openings do not meet the reagu`m ro. Specific standards tar AppmvrAHM Flo"yarn. (Zone A) lo Amend Sec 2114420 An VARIANCE piocedurea to read as Mows I VARIANCE Wed enexulhen cease o genimg Amaral L"menllmust demonstrate IIu eNCE n uanndem m ry napDNbnell'we created x n wee AW DANVARIANCE u20- iA° VICLATION5 end peyples, A read aA'APA The CO m pM P rDN Mead uded Ea WA M fmce Po ORDINANCE adopted 1Al and Pam' Cm• irveslonaia M this ORDINANCE DM am e5 Oapartmeni ofopp PubleW a shall assis30.2S-124 and§ IDt LOODP44 5 WN ADMINISTRATORi Went 'on anMADNularrmx ar engineering aspects or mmponems elemnce foe SIN DO -1t paap,0-C^mreII RODa Vmad exr pwa n I1)ollleempoy- eA eyhme mATION m, RO no e ett wleII ANEDreL Vloauri!NolnNONDrAu rl xnylgr,e OLpIIONwADrman ION h. rsemenA eLVm-DAY Mhd`rIDSAIn °AlPIIDawriarlmaonA lnevDUANAD W�rfnrnee nl Plemm�gservlMl mav,ewealmar me wSI as en-av rmm.lb. Dare If leethe mister �°LAA"TPoN we TAAI aa'lanty I achargeA summons and d i Du at a defied. time and Elam stated "mein ID angrier and delend Me copy of Said SUMMO.16 SIT COMpiarrt Shall Ne served Offices) Ins manner piosided bylaw a chargeOons ne Com each shall Ne Services and one (II by renxmrma red me Conn Re shear. Srld DeparlTerit Or Planning Amend �c:,23-11. A AA: aCNX penalr e, AD read es follows' iARUIt CaURDd add°. to any s penalties izoideerd pursuant to Weds OM; gCode seam.2IE1-sag and 22 -r1 -/VU reoe aver" aoa ANMOHCINgNCEmryaasipen'n'orne lmwaµn. Ends `plAarnl°Om 11250 00) civil penally in an KOn diftreDon of the await's, set forth in this MAP'S Attar dollars the mil Mo. RAID `II6V1A:: ald°EKP16° 'DED,m pared AI°IIV''iipene d Xn A 165Uname} "Lad Blade vcn Mx SAseamn shalt as ar ordingrp by Me CONSTY Cwn;onMtn Ala; r ea NA has been en IexiSt. In• AeI 9AEm' T°t Re A'.e "brim ism �"In the same nnner Lmmem eY2ser laxesana r M lAyr Planning servrMx met repum I�OIIrM1 MRIOFPU'COIINIT'MEWb6'pRHM'PrI91, p"'O"ILANDDP6NT s'A°PM.. PIABeeRAMI PASO D7AAAHAAAll'eq"AR AIT m"Weed Re Re yMly MY P CTION FACILITIES, TANK BAnDED. AND USE. mrmu ASIA. of such Wage lS foe Ivolabr�MVOLgilON rvlln aupruem penaoRlTy to gr+a^Wm trans5m23-11.1U.MmAnrs, to rwbe foe following dermolAne n read as MP I a- Nomen0A. AV"GDWTORV FLOOOWAVE TM CHANNELAIarwer m ohs,15555'555 TH neaa5Seal MIND 'or mchea II dlamebrend nTERcwRSElWale ADJACENT and areas foal meal be reserved in Wder In ELEreTiON AASDE fore ^°e ADMgleHA NAIAD tame CD DDAADmwemee DAASAFUeE a9 Mr nexry MUNad ;ameaanan M Arenen aA, ad AY delml ASUDNul::IISn LEb EAS OF MAP REVS ON N e, x1ry ootimeeHP may m FLOODWAY F AYS Mormon "FEMA FEMA s manned Lal Re EndoREVISIONBA M(,ePlasma).—ma neewNrepulsion, FLOODWA'v`H bawd d FUMAa.A LOWEST FLOORAGE ELOWEEST FLOORofMe russet encbsetl„rea, miming arrAenifii-EBAe6E rPP/Trewo- DIN1;s,ENILLD BUAa°e nari°orr of appMit licable MA eeSZIDAA;memnf CFA HA STRUCTURE mMAalanol iNeM MANUFACTURED HOME A STRUCTURE MSn arabre in one radials which is designed USE w' _ 9te ndaIimmanent ncemented 'NNUFACCTTURED HOME does Aa ndede o CLETAl n or ine In InV7RRFC D HOMES Nelapplly LE HOMESFame Wes 9 SPECIAL FLOOD HAZARD AREA: IS Pe land in Ih F DPUI iron A, 6a i&o°'`Zo A. Al( o °°° )W o M E. m A SPECAL FLOOD HAZARD ZONE BASE FE FLOOD E and FLOODD hoard TAI AAS EAAOOD D ADI Nbeeeen daate"rm D occurs n: �o mere ASEF1LO ING LEVn are shown but "o ROOD hamrer been a rn br 2onO is SPECIAL FLOOD ING Mews n°CIICDAIAASIINAADLronllp'F"LM W a n° AREA where OI real'„lie', the HAD dOPM F.A FLOOD hazard factors have bean dernmmA Av O Zones AE an0 Al -A.30 are SPECIAL LL FLOOD HAZARD AREAS Ben BASE FLEOO ELEVATIONS and FLOOD have been determined Ev mlmanm and 2NAD VIN°AMIIPDD ra'ALY°OODA000D AREAS IA.I TIE F ma Cr and Zone X (u shed.I ve SPECIAL FAOC HAZARD AREAS Rat ar¢ Amend Se. 2311 0. Owgrelnn and FLOODPLAIN ADMINISTRATOR D read e FLOODALAIN AOMIINAPP Oaeo edmnseen45mpuma" the moo.." of Ms ORDINANCE end all applicable Al a4CFR. National FMv Iraurenn Program lAgwEMAN, penelning S LWDPLAIN MANAGEMENT. Dulles Me FLOOOPLAIN p�y rll Ira9 oW nuao"N- A TMLL Ira ONT E Meru E r nDFWelEADAU mZ N _ IMO° ELOPMENT HMRMmbmed e W EO °ENT, HIlle-hlaremefoe WATER Al any CE EEln Atlw CHUM BASE FLOOD more Ines DAD -hall IAAI (La I6l moms; NTY it Par aACFH 6512 mMahepnMg AR ORDINANCE. the cowry a " v Rey Dn., DEVELOPMENT in provisions 11-05' AH on the COUNTY'S SURFACE ELEVATION a me BASE FLOOFlPDA IAPUAwhihWNWMeMan one-hali reWire(metof'AsmrssD PaldrLOMP is MDEIFEEMAA val Amend Sec 23 II.340 lo read as follows' ES AR do not inctude overnight vehicle par,- aAn Prow.. Ira CMOle Amend Sec 224-2503 Permit Procedures. to mad as _ • O T U E replaced. or SUEISTANTIALLY IMPROVED LWDPTA NE has been PERMITPLAIN as NDEVR INISTR.EUILDDMe DENA lies's:naiad map, NG. a STRUCTURE AInlOra ed FL ROODPWN ADMINISTRATOR. AID a S ULOCCP TI °EVELMED OOPMENT PERMIT OEtoELOPMENh,esanCTURE. of RDN ME if impaired Io m'" Ar DEVELOPMENTDUILaDDIca- vents one Ft000Pu N. as MlnM br amain r edun NA Aenge Arvend Sec 23M -3W ELESMTONS (Zones Al -MB AAAD. swa- In pedalo", m 'he general tandards rAEI owd RIosL BASE FLOOD in Si. lion 21-11-360.d specillt sEandar EIS s AL PLOODH ° HUAfis w; es S Alp A A eeegn.. u,dpgn A Far PIGFR 60 5IM. wens re ANaAwv FLOOOWAYAan nSl bran adsy TO MWIr be bairn NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS, Al deer require InMA4IA FILL MO be AD so VS0 6DIRK sates, s„, aN S IOUol • u 6 OLD morenan Pal foot( o¢ MI echa a any poet wilhin Re B NO Mange VBSTAN°CFPALLV DMd mlEDaM6reu in an MANUFACTURED MMAUFACTURED HOME PARK SUBDIVISION eube< a Nett shalt eo either e LOAWEST FLDOHnrM U L DOME xemnmum m 'AAA sous a DEFLOOD ELEVAT 2 The u RED HON E cnaID is MgoAN bk mnlpaed piers m MT. ilburMaiiopeo,leirio%ts or a) N emn m lam" Aar Z. DA A:reti:Mml'ee6l E pe It. 0 M T SWn DMaAMnn L • AN oL FLN"OTHAZABC ADFAD Nl.,lrr• ri-7,a el S DAT• DRI � OOD� oIBT eADDno a�F�d D V I All Nq CONSTRUCTON HIS SUBSTANTIAL IMPROVEMENTS Dorre"ryemlel 9.RHOELEVATEDawe Inc HIGHESTALOCZOI AAiDEnIeeUomIonemus TADADAIA namoereednxd m feeleeme FIH Ara MOM DAAADDA Provided obe n AAeF,o, HA Doe LOWEST FLOOR ;EpDvE�S.AW'RADENTTo wE' Dan "nEmPorneleNlTm'oIAAI ASulhe arpdn a0TuareIni�BCRCdoLand SUmeyo Area .Shall ed ASVI n DmINSTIVTTOnp5umpr. AI CRITICAL FACILITIES. an NEW CONSTRUCTION M g IlANee¢MPllm SUBSTANTIAL Ann any avian II I. °WWI. -dASMr NTorc41 r nBASEln EASEMENT orIcN(Al mace; ee(3)' einodepth nuRFe loot Move )or BASE ACRD ena.I SHP. end Mee PachiPn no de number. speeded)or.HEAe The BASE FLOOD Mel ^d serval atone aetln The BASE FLOOD Mel 0. we ' WATERTIGHT 1 &BEV',rinMtie to NDND DA D n p'AWTI aXepa M LY. dTds We 9nMu '" endmeth"' MMIDao"6reln wr Ace RA 'PR"' ED'ipv Vlp PP' a awe ho DHIADTeMPBOCTUPE5AIDSIMS N gu1M FLOOD rvaaN ANERD Per VECOD VV.n, mad y g MIND CE. mDCCV '6F sSRFA° a ODD °CLOMP aoofiaedY AD PUMP whim Fulfills l a provislonl lAl ATC M m receives provisions °, BEI?um 20 290 Spectre eanDrds for FLOODPuw5 Alm FLOW WAYSio . Amas end aOVvYS a admrrulredve Dm IS RAM loos used to IpuIe Wasting ODPLAIN DEVELOPMENT The Stated Colorado Ms adopted FLOSlum D W AY aa:, Pal are more stringent PUMA minimum as We'd. Yinn SPECIAL FLOOD HAZARD than are arms tleelgnal.d as rPLOODWAAN Dish FLWeWAYIsedrem AUlA IDMVAT due m the4'0°4the „PLMdDrl NDpm prYacn AD 1 oW g: F s M '$WA CONshell MPS E ON SUBSTANTIAL IMPROVEMENTS NTSA atA No change are C per 44CFR 20.34) any other covisrons of this ORDINANCE. AntnlCOCOOUNTYE IMUDDAla AAUI°DIAA°INI IDNAIDD i'IaleIDDE°FLOOOD WWATER CLOMPmerves ID CE LVATION e FEMA whiMI n one-half foci (six IA ai:VC' ProMed e MA approval nC Se - 0.6.. BPFDIO C PLPD Wades ridFr"FF LOGO IAm. Aneverloi walls LAwrgfoADM entY this T SAnd Stt.2S-^I•460-, 1A IMCCAunwor a recap, upped by the entIID:"m'nTm'n°:n penally by CAA, an, mon IN S5SHN m;ae wea IMALMAM Vre INASADmn AAmneedrypgmrnlme ea . nagdamreemeadmnamra°ueassL- mamSec2S1I-AMO ODD m d blows G JA full ay M fog A d' Reaction ea C Son' eM�S el glis Semen. pell additional penally uTONN hhas nnshall Le 'reposed reen Pans eNNea atoDee additional week. :vIOLAiaNinhaSbeHAA NADNnremove6 II M¢o pIdaNdnmem Al mine see 23.11-4715 Relationship po oIher ordinances, to resides loiMis TM Weinman of Sep,. shall withheld issuance of eu., pernils AADRA Neneeal v ORDNANCE EA eprrwMaceenn Amend Sap- 23-1.90 Damelom WATERCOURSE AREA OF SPECIAL FLOD HAZARD BASE FLOOD C CHANNEL IROODPL IN CRITICAL Ai ATE', FLOOD AREA. A RED.YEAR: FLOOD WATERDEPTH: FLOG N F OOD FAP (FIRMA FLOOD INSTURANCE STUDY. ° PLOD ; INTERMEDIATE REGIONAL ONE-HUNDRED- YEA,FOWE EVE, E SYSTEM: LOWEST OH, DEAN SEA LEVEL. NEW CONSTRUCTION: REGULATORY FLOOD DATUM: OP ELEA WATERCOURSE: SUBSTANTIAL RELOCATION MPROVEMEM, WATER SURFACE C. end WATERTIGHT usein1Es administration of revealed CA OverlayO sE SUBDIVISION. psE EDO d XISTING MANUFACTURED HOME PARK or TURED HONE. MOBILE MOBILE HOME wRECREATIONALNEW MANUFACTURED °fVEHICCL:REMEDY A VIOLATION.ARK of HOME.' OF CONSTRUE ON SIUCTDRE.SUBSTANTIAL DAMAGE.VARIANCE SAS VICUTIDNAceec . ZONING DISTRICT. end WATERCOURSE HI MIAw O HAZARD AREA; CVERLAv APPEAL Me request rw armor of ihe Aof this Maple, or e repueSt Pr a nna pursuant C°tane "MpINEE Al lerpretawn "peals awevan- -me ic lon L adeine iR anon .aldA as EUTe FLOOD. As aDnmen Swan 23-11-310 of Ms Rm. OVERLAY ZONING DISTRICT Adenine DIMAI ellperlTPMM warms UNDERLYING ZONING DISTRICT which pl DD M1nhar resignwnereyon land USES. shall LOGIIClely and TM lara from `HlMe ae. and RDS DIVELOPMEs or NTDADDAIII Ill OVERRLL'AeZONING DISTNICS moon 2 WATERCOURSE AS 3.I I GM al les We. DA the following oefinion. SPECIAL FLOOD HAZARD AREA Al MAnm m sedmn 20-11 AID of Ms Cole FLOOD AAZARO"AREA FLOOD Section 70-2- AREA D. 2state0.2 reference11U DDto SPECIAL CD pao Cot m.2B2amA16 and Ca, end 232. Amend Set 26.c m. Ptlwem Mae's. M P reed as follows AaM NO Mange. C. T1e BRIM of haslne power to near and decreed 11 m he 15111 of pu Chapter Ath Ile exception of appeals for appeals Irma variance 4 Management ONmann when Are heem ALA deo� el HAe Board of Cwnlr Commissioners. r Chapters 26 and d 2] a this Code Es CAapars 26 and xZ are applieddMIDI vii LOTS o padre, p ae rnr varlanDe may M NISVg1 to the Beard f denni maul when of special cham<z 26 and 27 ores CASs would remain DAEEIeceasary armnrp to the appellant I Aroma Pli No change Ne variance Corn CAeplers eed AO or Hie code sham Le horn .Nen.l. spurtM mmap..eNAAIDD Snell He none or Mal Rat 0a Sec Appeals for vanance who nem Hazard ow,* DlsRI. OhapAr 30 oTlibme ember 1Ams CORRECTED NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2013-10 was introduced on first reading on October 2, 2013, and a public hearing and second reading is scheduled to be held on October 21, 2013, and was continued to November 4, 2013, and continued again to December 9, 2013. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on December 23, 2013. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing.' Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2013-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, CHAPTER 23 ZONING, AND CHAPTER 30 SEWAGE SYSTEMS, OF THE WELD COUNTY CODE DATE OF NEXT READING: December 23, 2013, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: November 5, 2013 PUBLISHED: November 8, 2013, in the Greeley Tribune Affidavit of Publication CORRECTED NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2013-10 was introduced on first reading on October 2, 2013, and a public hearing and second reading is scheduled to be held on October 21, 2013, and was continued to November 4, 2013, and continued again to December 9, 2013. A public hearing and third reading is scheduled to be held in the Cham- bers of the Board, located within the Weld. County Administra- tion Building, 1150 O Street, Greeley, Colorado 80631, on De- cember 23, 2013. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or tax (970) 352 0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order so participate in this - hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Admin- istration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2013-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, CHAPTER 23 ZONING, AND CHAPTER 30 SEWAGE SYSTEMS, OF THE WELD COUNTY CODE DATE OF NEXT READING: December 23, 2013, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: November 5, 2013 The Tribune November 8, 2013 STATE OF COLORADO County of Weld, I Desirea Larson SS. of said County of Weld, being duly sworn, say that 1 am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a truecopy, bas been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the fast publication of said notice was contained in the Eighth day of November A.D. 2013 and the last publication thereof: in the issue of said newspaper bearing the date of the Eighth day of November A.D. 2013 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. November 8, 2013 Total Chat_es: $8.93 My Commission Expires 6/14/2017 Notary Public ROBERT LITTLE i NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 1 MY COMMISSION EXPIRES JUNE 14, 2017 i NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2013-10 was introduced on first reading on October 2, 2013, and a public hearing and second reading was held on October 21, 2013, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on November 6, 2013. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2013-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, CHAPTER 23 ZONING, AND CHAPTER 30 SEWAGE SYSTEMS, OF THE WELD COUNTY CODE DATE OF NEXT READING: November 6, 2013, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 18, 2013 PUBLISHED: October 23, 2013, in the Greeley Tribune (:)94(3.-6V66 Affidavit of Publication NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2013-10 was introduced on first reading on October 2, 2013, and a public hearing and second reading was held on October 21, 2013, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colo- rado 80631, on November 6, 2013. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352 0242, prior to the day of the hearing if, as a result of a disability, you require rea- sonable accommodations in order to participate in'this hearing. Any backup material exhibits or information previously submit- ted to the Board of County Commissioners concerning this mat- ter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Admin- istration Building, 1150 0 Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2013-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, CHAPTER 23 ZONING, AND CHAPTER 30 SEWAGE SYSTEMS, OF THE WELD COUNTY CODE DATE OF NEXT READING: November 6, 2013, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO DATED: October 18, 2013 The Tribune October 23, 2013 STATE OF COLORADO County of Weld, I Desirea Larson SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twenty-third day of October A.D. 2013 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty-third day of October A.D. 2013 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. October 23, 2013 Total Char es: $8.50 23rd day of My Commission Expires 6/14/2017 Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014016494 MY COMMISSION EXPIRES JUNE 14, 2017 _ 14 JPo.".c�-,aae.ua:cr^ter x:r. WELD COUNTY CODE ORDINANCE 2013-10 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 8 Public Works Add the following: Art. XIII FLOODPLAIN MANAGEMENT ORDINANCE Division 1 General Provisions Sec 8-13-10. Statutory authorization. Pursuant to the authority granted to the Board of County Commissioners by the Legislature of the State of Colorado in Title 29, Article 20, and Title 30, Article 28, C.R.S., the Board of County Commissioners does hereby adopt the following FLOODPLAIN MANAGEMENT ORDINANCE. Sec 8-13-20. Disclaimer of liability. The degree of FLOOD protection required by this ORDINANCE is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater FLOODS than contemplated in the creation of this ORDINANCE can and will occur and FLOOD heights may be increased by man-made or natural causes. This ORDINANCE does not imply that land outside the SPECIAL FLOOD HAZARD AREA or USES permitted within such areas will be free from FLOODING or FLOOD damages. This ORDINANCE shall not create liability on the part of the COUNTY, any officer or employee thereof for any FLOOD damages that result from reliance on this ORDINANCE or any administrative decision lawfully made thereunder. ©f'.8-a�0ig-/C Sec 8-13-30. Findings of fact. The SPECIAL FLOOD HAZARD AREAS of the COUNTY are subject to periodic inundation which results in health and safety hazards, loss of life and property, disruption of commerce and governmental services, extraordinary public expenditures for FLOOD protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare of the residents of the COUNTY. These FLOOD losses are created by the cumulative effect of obstructions in FLOODPLAINS which cause an increase in FLOOD heights and velocities and by the occupancy of SPECIAL FLOOD HAZARD AREAS by uses vulnerable to FLOODS and hazardous to other lands because they are inadequately ELEVATED, FLOODPROOFED, or otherwise protected from FLOOD damage. Sec 8-13-40. Statement of purpose. A. It is the purpose of this ORDINANCE to promote public health, safety and general welfare and to minimize public and private losses due to FLOOD conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly FLOOD control projects; 3. Minimize the need for rescue and relief efforts associated with FLOODING which have historically been undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to CRITICAL FACILITIES, infrastructure, and other public facilities such as water, sewer and gas mains; electric and communications stations, substations and power plants, streets and bridges located in FLOODPLAINS; 6. Help maintain a stable tax base by providing for the sound USE and DEVELOPMENT of flood prone areas so as to minimize future FLOOD blight areas; and 7. Ensure that potential buyers are notified that property is in a SPECIAL FLOOD HAZARD AREA. B. In order to accomplish its purpose, this ORDINANCE does the following: 1. Restricts or prohibits USES that are dangerous to health, safety and property in times of FLOOD or cause excessive increases in FLOOD heights or velocities; 2. Requires that USES vulnerable to FLOODS, including facilities which serve such USES, be protected against FLOOD damage at the time of initial construction; 3. Controls the alteration of natural FLOODPLAINS, stream CHANNELS and natural protective barriers, which are involved in the accommodation of FLOOD waters; 4. Controls filling, grading, dredging and other DEVELOPMENT which may increase FLOOD damage; and 5. Prevents or regulates the construction of FLOOD barriers which will unnaturally divert FLOOD waters or which may increase FLOODING in other lands. C. It is also the purpose of this ORDINANCE to ensure that the COUNTY'S requirements meet the minimum requirements of FEMA's Flood Insurance Program and the Colorado Water Conservation Board Floodplain regulations. As such FEMA's National FLOOD Insurance Program regulations 44CFR Parts 59, 60, 65, and 70 (2010) and the CWCB FLOODPLAIN regulations in effect as of January 14, 2011, are incorporated herein by reference. In the event this ORDINANCE conflicts with Federal or State laws and/or regulations, the more restrictive law or regulation will control. Sec. 8-13-50. Lands to which this ORDINANCE applies. This ORDINANCE shall apply to all SPECIAL FLOOD HAZARD AREAS and areas removed from the FLOODPLAIN by the issuance of a FEMA LOMR-F within the jurisdiction of unincorporated Weld County, Colorado. Sec. 8-13-60. Basis for establishing the SPECIAL FLOOD HAZARD AREA. The SPECIAL FLOOD HAZARD AREA identified by FEMA in a scientific and engineering report entitled, "The Flood Insurance Study for Unincorporated Weld County and Town of Eaton, Colorado," dated September 22, 1999, with accompanying FIRM and FBFM and any revisions thereto are hereby adopted by reference and declared to be part of this ORDINANCE. These SPECIAL FLOOD HAZARD AREAS identified by the FIS and attendant mapping are the minimum area of applicability of this ORDINANCE and may be supplemented by studies designated and approved by the Board of County Commissioners, CWCB, and FEMA. The FLOODPLAIN ADMINISTRATOR shall keep a copy of the FIS, DFIRMs, FIRMs, and/or FBFMs on file and available for public inspection. Sec. 8-13-70. Establishment of FLOODPLAIN DEVELOPMENT PERMIT. A FLOODPLAIN DEVELOPMENT PERMIT shall be required for all USES occurring within the FEMA mapped 100 -YEAR FLOODPLAIN to ensure conformance with the provisions of this ORDINANCE and Federal and State regulations. Sec. 8-13-80. Compliance. No STRUCTURE or land shall hereafter be located, altered, or have its USE changed without full compliance with the terms of this ORDINANCE and other applicable laws and regulations. Sec. 8-13-90. Abrogation and greater restrictions. This ORDINANCE is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ORDINANCE and another statute, regulation, ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 8-13-100. Interpretation. In the interpretation and application of this ORDINANCE, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under Federal or State statutes or regulations. Sec. 8-13-110. Severability. This ORDINANCE and the various parts thereof are hereby declared to be severable. Should any section, of this ORDINANCE be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this ORDINANCE as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. Sec 8-13-120. Definitions. Unless specifically defined below or in Weld County Code § 1-2-10, words or phrases used in this ORDINANCE shall be interpreted to give them the meaning they have in common usage and to give this ORDINANCE its most reasonable application. The following specific words or phrases when appearing in this Chapter in uppercase letters shall have the meanings as stated in this Section. 100 -YEAR FLOOD: A FLOOD having a recurrence interval that has a one percent chance of being equaled or exceeded during any given year. The terms "one hundred year FLOOD" and "one percent chance FLOOD" are synonymous with the term "100 -YEAR FLOOD." The term does not imply that the flood will necessarily happen once every one hundred years. 100 -YEAR FLOODPLAIN: The area of land susceptible to being inundated as a result of the occurrence of the 100 -YEAR FLOOD. 500 -YEAR FLOOD: A FLOOD having a recurrence interval that has a 0.2 percent chance of being equaled or exceeded during any given year. The term "0.2 -percent chance flood" is synonymous with the term "500 -YEAR FLOOD." The term does not imply that the flood will necessarily happen once every five -hundred years. 500 -YEAR FLOODPLAIN: The area of land susceptible to inundation as a result of the 500 -YEAR FLOOD. ADDITION: Any activity that expands the enclosed footprint or increases the horizontal square footage of an existing STRUCTURE. ADJACENT: When used to indicate land in the immediate vicinity of a LOT, means land which shares a boundary line with the LOT in question or which would share a boundary line were it not for the separation caused by a street or alley. ALTERATION OR RELOCATION OF A WATERCOURSE: Any DEVELOPMENT which changes the direction of flow of water in a river or stream. Any CHANNELIZATION of a river or stream is also considered to be an ALTERATION OR RELOCATION OF A WATERCOURSE. BASE FLOOD: Means the FLOOD having a one percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE): The elevation shown on a FEMA FIRM that indicates the water surface elevation resulting from a FLOOD that has a one percent chance of equaling or exceeding that level in any given year. BASEMENT Any floor level below the first story or main floor of a BUILDING, having its floor sub -grade (below ground level) on all sides. BEST AVAILABLE DATA: Any FLOOD data available from the Federal or State governments or any other source that is utilized by the FLOODPLAIN ADMINISTRATOR to determine the BASE FLOOD WATER SURFACE ELEVATION or FLOODWAY location. The sources of data may include but are not limited to: A. FEMA publications such as guidance documents, policy documents, technical bulletins, and regulations; B. State publications and regulations; and C. Other published or unpublished FLOOD studies. BUILDING: Any STRUCTURE, excluding fences, erected for shelter or enclosure of persons, animals or personal property of any kind. CCR: Code of Colorado Regulations, the codification of the general and permanent Rules published in the Colorado Register by the Executive Departments and Agencies of the State of Colorado. CFR: Code of Federal Regulations, the codification of the general and permanent Rules published in the Federal Register by the Executive Departments and Agencies of the Federal Government. The Federal FLOODPLAIN MANAGEMENT regulations can be found in 44CFR Parts 59, 60, 65, and 70. CHANNEL: The physical confines of a stream or waterway consisting of a bed and stream banks and existing in a variety of geometries. CHANNELIZATION: The artificial creation, enlargement, or realignment of a stream CHANNEL. COUNTY The County of Weld, a home rule County in the State of Colorado. CONDITIONAL LETTER OF MAP REVISION (CLOMP): FEMA's comment on a proposed project which does not revise an effective FLOODPLAIN map and would, upon construction, affect the hydrologic or hydraulic characteristics of a FLOODING source and thus result in the modification of the existing regulatory FLOODPLAIN. CRITICAL FACILITY: A STRUCTURE or related infrastructure, but not the land upon which it is situated, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the COUNTY at any time before, during, or after a FLOOD. CRITICAL FACILITIES are classified under the following categories: (A) Essential Services; (B) Hazardous Materials; (C) At -Risk Populations; and (D) Vital to Restoring Normal Services. A. Essential Services CRITICAL FACILITIES 1. Essential Service CRITICAL FACILITIES include but are not limited to: a. Public safety facilities such as police stations, fire and rescue stations, emergency vehicle and equipment storage, and emergency operations centers; b. Emergency Medical Facilities such as hospitals, ambulance service centers; urgent care centers with emergency treatment functions, and non -ambulatory surgical STRUCTURES but excluding clinics, doctor's offices, and non -urgent care medical STRUCTURES that do not provide emergency treatment functions; c. Designated emergency shelters; d. Communications systems such as main telephone hubs, broadcasting equipment for cable system, satellite TV systems, cellular phone systems, television, radio, and other types of emergency warning systems but excluding the towers, poles, cables, and conduits; e. Public utility plant facilities for generation and distributions such as hubs, treatment plants, substations, and pumping stations for water, power, and gas but not including the towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines; and f. Air transportation lifelines such as airports (municipal and larger), helicopter pads, and STRUCTURES serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangers). 2. Specific exemptions to Essential Service CRITICAL FACILITIES include wastewater treatment plants, non -potable water treatment plants, hydroelectric power generating plants, and related appurtenances. 3. Public utility plant facilities may be exempted from the definition of Essential Service CRITICAL FACILITIES if it is demonstrated that the facility is an element of a redundant system for which service will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100 -YEAR FLOODPLAIN or are compliant with the provisions of this ORDINANCE, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a FLOOD. Evidence of ongoing redundancy shall be provided upon request. B. Hazardous Materials CRITICAL FACILITIES 1. Hazardous Materials CRITICAL FACILITIES include but are not limited to: a. Chemical and pharmaceutical plants; b. Laboratories containing highly volatile, flammable, explosive, toxic, and/or water -reactive materials; c. Refineries; d. Hazardous waste storage and disposal sites; e. Above ground gasoline or propane storage or sales centers; f. Facilities which produce or store chemicals in quantities in excess of regulated threshold limits. If the owner of a facility is required by OSHA to keep a Material Safety Data Sheet (MSDS) on file for any chemical(s) stored or used in the work place, and the chemical(s) is stored in quantities equal to or greater than the regulated United States Environmental Protection Agency Threshold Planning Quantity for that chemical, then that facility shall be considered a CRITICAL FACILITY. 2. Specific exemptions to Hazardous Materials CRITICAL FACILITIES include: a. Finished consumer products within retail centers and households containing hazardous materials intended for household use and agricultural products intended for agricultural use; b. Buildings or other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the COUNTY by hazard assessment and certification by a qualified professional that a release of the subject hazardous material does not pose a major threat to the public; or c. Pharmaceutical sales, use, storage, and distribution centers that do not manufacture pharmaceutical products. C. At -Risk Populations CRITICAL FACILITIES 1. At -risk population facilities include but are not limited to: a. Elder care facilities including nursing homes; b. Congregate care serving 12 or more individuals including day care and assisted living facilities; and c. Public and private schools including pre-schools, K-12 schools, before and after school daycare serving 12 or more children. D. CRITICAL FACILITIES Vital to Restoring Normal Services 1. CRITICAL FACILITIES Vital to Restoring Normal Services include but are not limited to: a. Essential government operations including public records, courts, jails, building permitting, inspections services, community administration and management, maintenance and equipment centers; and b. Essential STRUCTURES for public colleges and universities including dormitories, offices, and classrooms. 2. CRITICAL FACILITIES Vital to Restoring Normal Services listed in Subsection 1 above may be exempted from the definition of CRITICAL FACILITIES if it is demonstrated that the facility is an element of a redundant system for which service will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100 -YEAR FLOODPLAIN or are compliant with the provisions of this ORDINANCE, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a FLOOD. Evidence of ongoing redundancy shall be provided upon request. E. Exemptions listed for particular categories of CRITICAL FACILITIES shall not apply to STRUCTURES or related infrastructure that also function as CRITICAL FACILITIES under another category outlined in this definition. CWCB: Colorado Water Conservation Board DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to BUILDINGS or other STRUCTURES, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. DFIRM: DIGITAL FLOOD INSURANCE RATE MAPS are digital maps which serve as regulatory FLOODPLAIN maps for insurance and FLOODPLAIN management purposes. ELEVATE: To build or raise a STRUCTURE to a minimum of one foot above the BASE FLOOD ELEVATION. ELEVATED BUILDING: A BUILDING without a BASEMENT and: A. Built, in the case of a BUILDING in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the ELEVATED floor above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water; and B. Adequately anchored so as not to impair the structural integrity of the BUILDING during a FLOOD of up to the magnitude of the BASE FLOOD. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, ELEVATED BUILDING also includes a BUILDING ELEVATED by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of FLOOD waters. EXISTING CONSTRUCTION: Structures for which the START OF CONSTRUCTION commenced before the effective date of the FLOOD INSURANCE RATE MAP (FIRM). EXISTING CONSTRUCTION is synonymous with the term "existing structure." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: Means a MANUFACTURED HOME park or subdivision for which the construction of facilities for servicing the LOTS on which the MANFACTURED HOMES are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the COUNTY adoption of this ORDINANCE. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the LOTS on which the MANFACTURED HOMES are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FEMA: Federal Emergency Management Agency. FILL: Any material such as earth, clay, sand, concrete, rubble, or waste of any kind which is placed or stored upon the surface of the ground. FLOATABLE MATERIALS: Any material that is not secured in place that could float offsite during the occurrence of a FLOOD and potentially cause harm to downstream property owners, or that could cause blockage of a culvert, bridge, or other drainage facility. FLOATABLE MATERIALS include, but are not limited to, lumber, vehicles, boats, equipment, drums or other containers, or pieces of material that are likely to float. FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of water from CHANNELS and reservoir spillways; and/or B. The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD BOUNDARY & FLOODWAY MAP (FBFM): The official map on which FEMA has delineated the SPECIAL FLOOD HAZARD AREAS, the FLOODWAY, and the risk premium zones applicable to the COUNTY. FLOOD INSURANCE RATE MAP (FIRM): The official map on which FEMA has delineated both the SPECIAL FLOOD HAZARD AREAS and the risk premium zones applicable to the COUNTY. FLOOD INSURANCE STUDY (FIS): The official report provided by FEMA that includes FLOOD profiles, the FLOOD BOUNDARY & FLOODWAY MAP and the WATER SURFACE ELEVATION of the BASE FLOOD. FLOODPLAIN or FLOOD -PRONE AREA: Any land area susceptible to being inundated as a result of a FLOOD, including the area of land over which floodwater would flow from the spillway of a reservoir. The FEMA mapped FLOODPLAINS are shown on FEMA's DFIRM, FIRM, and FBFM maps. FLOODPLAIN ADMINISTRATOR: The designated COUNTY official responsible for administering and enforcing this ORDINANCE. FLOODPLAIN DEVELOPMENT PERMIT: A permit required before construction or DEVELOPMENT begins within any SPECIAL FLOOD HAZARD AREA (SFHA). Permits are required to ensure that proposed DEVELOPMENT projects meet the requirements of the National Flood Insurance Program and this ORDINANCE. FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventative measures for reducing FLOOD damage, including but not limited to emergency preparedness plans, FLOOD control works, and enactment and updating of this ORDINANCE. FLOODPLAIN MANAGEMENT ORDINANCE (ORDINANCE): Ordinance enacted by the Board of Weld County Commissioners pursuant to Title 29, Article 20, and Title 30, Article 28, C.R.S., for the purpose of FLOOD damage prevention and reduction. FLOODPROOF or FLOODPROOFING: Any combination of structural and nonstructural designs, changes, or adjustments to STRUCTURES which reduce or eliminate FLOOD damage to real estate, improved real property, water and sanitary sewer facilities, and STRUCTURES and their contents. FLOODWAY (REGULATORY FLOODWAY): The CHANNEL of a river or other WATERCOURSE and the ADJACENT land areas that must be reserved in order to discharge the BASE FLOOD without cumulatively increasing the WATER SURFACE ELEVATION more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six inches). Holders of valid LETTERS OF MAP REVISION to existing FLOODWAY delineations may continue to use the FLOODWAY criteria in place at the time of the existing FLOODWAY delineation by FEMA. FEMA's mapped FLOODWAYS are shown on the DFIRM, FIRM, and FBFM maps. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a STRUCTURE. HISTORIC STRUCTURE: Any STRUCTURE that is: A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the United States Secretary of the Interior as meeting the requirements for individual listing on the National Register; B. Certified or preliminarily determined by the United States Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; C. Individually listed on the State inventory of historic places; or D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by the State. LETTER OF MAP CHANGE (LOMC): An official revision to currently effective FEMA maps. A LOMC can be in the form of a LOMR, LOMA, LOMR-F, or PMR. LETTER OF MAP AMENDMENT (LOMA): A letter from FEMA officially revising the effective FIRM and FEMA's acknowledgment that a property is not located in a SPECIAL FLOOD HAZARD AREA. LETTER OF MAP REVISION (LOMR): A letter from FEMA officially revising the effective FEMA maps and showing changes in FLOOD zones, delineations, and elevations. LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the FLOODPLAIN shown on the FIRM or DFIRM based on the placement of FILL outside of the existing regulatory FLOODWAY. LEVEE: A man-made STRUCTURE, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary FLOODING. LEVEE SYSTEM: A FLOOD protection system which consists of a LEVEE or LEVEES and associated STRUCTURES, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOT: The basic DEVELOPMENT unit, an area with fixed boundaries, USED or intended to be USED by one (1) BUILDING and its USES, STRUCTURES and/or BUILDINGS. A LOT shall not be divided by any public highway, street or alley. A LOT must meet the requirements of the zoning district in which it is located and must have access to a public street or an approved private street or road. LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any crawlspace or BASEMENT. Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation, or any combination thereof. This includes any floor that could be converted to such a use such as a BASEMENT or crawlspace. Any unfinished or FLOOD resistant enclosure, useable solely for parking or vehicles, BUILDING access, or storage in an area other than a BASEMENT area is not considered a BUILDING'S LOWEST FLOOR; provided that such enclosure is not built so as to render the STRUCTURE in violation of the applicable non -elevation requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME: A STRUCTURE transportable in one (1) or more sections, which is built on a permanent chassis and is designed for USE with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a RECREATIONAL VEHICLE. MANUFACTURED HOME PARK OR SUBDIVISION: A parcel, or contiguous parcels, of land divided into two or more MANUFACTURED HOME lots for rent or sale. MEAN SEA LEVEL: For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) 1988, or other datum to which BASE FLOOD ELEVATIONS shown on the COUNTY'S FLOOD INSURANCE RATE MAP are referenced. NEW CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION commenced on or after August 25, 1981, and includes any subsequent improvements to such STRUCTURES. NEW MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED HOME park or subdivision for which the construction of facilities for servicing the lots on which the MANFACTURED HOMES are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after August 25, 1981 NO -RISE CERTIFICATION: A record of the results of an engineering analysis conducted to determine whether a project will increase FLOOD heights in a FLOODWAY. A NO -RISE CERTIFICATION must be supported by technical data and signed by a registered Colorado professional engineer. The supporting technical data should be based on the computer program model used to develop the 100 -YEAR FLOODWAY shown on the FIRM or FBFM. OIL AND GAS PRODUCTION FACILITIES: Consist of the oil or gas well, pumps, heater treaters, separators, meters, compressors, TANK BATTERY and other equipment directly associated with the producing well, all of which must be connected and functional. PHYSICAL MAP REVISION (PMR): An official revision to currently effective FEMA maps. PMRs are issued by FEMA and documents changes to FLOOD zones, delineations, and elevations. PMRs generally cover more than one FIRM panel. RECREATIONAL VEHICLE: A vehicle which is: A. Built on a single chassis; B. Four hundred (400) square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light -duty truck; and D. Not primarily designed for use as a permanent dwelling but instead as temporary living quarters for recreational, camping, travel or seasonal USE. SPECIAL FLOOD HAZARD AREA: Is the land in the FLOODPLAIN within the COUNTY subject to a one percent or greater chance of FLOODING in any given year. The area may be designated as Zone A, AE, AH, AO, or A1 -A99 on the DFIRM, FIRM or FHBM. SPECIAL FLOOD HAZARD AREAS are periodically amended by FEMA via a LETTER OF MAP CHANGE. The designated SPECIAL FLOOD HAZARD ZONE AREAS are as follows: A. Zone A (Approximate Floodplain) is a SPECIAL FLOOD HAZARD AREA where BASE FLOOD ELEVATIONS and FLOOD hazard factors have not been determined by FEMA. B. Zone AH is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and depths are between one (1) and three (3) feet and BASE FLOOD ELEVATIONS are shown but no FLOOD hazard factors have been determined by FEMA. C. Zone AO is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and flood depths are between one (1) and three (3) feet with the average depth of FLOODING shown but no FLOOD hazard factors have been determined by FEMA. D. Zones AE and A1 -A30 are SPECIAL FLOOD HAZARD AREAS where BASE FLOOD ELEVATIONS and FLOOD HAZARD factors have been determined by FEMA. E. Zone B and Zone X (shaded) are SPECIAL FLOOD HAZARD AREAS that are between the limits of the 100 -YEAR and the 500 -YEAR FLOOD. F. Zone C and Zone X (unshaded) are SPECIAL FLOOD HAZARD AREAS that are at minimal risk of FLOODING. START OF CONSTRUCTION (pertaining to BUILDINGS or STRUCTURES): The date the building permit was issued, including building permits for SUBSTANTIAL IMPROVEMENTS, provided that the actual START OF CONSTRUCTION, repair, reconstruction, placement or other improvement was within one -hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a STRUCTURE on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a MANUFACTURED HOME on a foundation. Permanent construction does not include land preparation, such as clearing, grading and FILLING; nor does it include the installation of streets and/or walkways; nor does it include excavation for a BASEMENT, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory BUILDINGS, such as garages or sheds not occupied as dwelling units or not part of the main STRUCTURE. For SUBSTANTIAL IMPROVEMENTS, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor, or other structural part of a BUILDING, whether or not that alteration affects the external dimensions of the BUILDING. STRUCTURE: Anything that is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including poles, lines, cables or distribution facilities of public utilities. Includes a walled or roofed BUILDING, a gas or storage tank that is principally above ground, and MANUFACTURED HOMES. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a STRUCTURE whereby the cost of restoring the STRUCTURE to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the STRUCTURE just prior to when the damage occurred. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a STRUCTURE the cost of which equals or exceeds fifty percent (50%) of the market value of the STRUCTURE before the START OF CONSTRUCTION of the improvement. This includes STRUCTURES which have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair work performed. The term does not, however, include either: A. Any project for improvement of a STRUCTURE to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or B. Any alternation of a HISTORIC STRUCTURE provided that the alteration will not preclude the STRUCTURE'S continued designation as a HISTORIC STRUCTURE. TANK BATTERY: One (1) or more storage tanks which receive and store oil, gas, natural gas liquids or water directly from and as it is produced by a well. USE: Any purpose for which a STRUCTURE or a tract of land may be designed, arranged, intended, maintained or occupied; also any activity, occupation, business or operation which is carried on in or on a STRUCTURE or on a tract of land. VARIANCE: A grant of relief to a person from a requirement, or requirements, of this ORDINANCE when specific enforcement would result in unnecessary hardship. A VARIANCE, therefore, permits construction or DEVELOPMENT in a manner otherwise prohibited by this ORDINANCE. VIOLATION: The failure of a STRUCTURE or other DEVELOPMENT to be fully compliant with this ORDINANCE. WATERCOURSE: means a natural or artificial channel through which stormwater or floodwater can flow, either regularly or infrequently. WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum where specified of FLOODS of various magnitudes and frequencies in the FLOODPLAINS of riverine areas. WATERTIGHT Impermeable to the passage of water and capable of resisting the hydrostatic and hydrodynamic loads and the effects of buoyancy during a BASE FLOOD. Division 2 Floodplain Administrator Sec. 8-13-140. Designation of the FLOODPLAIN ADMINISTRATOR The County Engineer, or his or her designee, is hereby appointed the FLOODPLAIN ADMINISTRATOR to administer and implement the provisions of this ORDINANCE and all applicable sections of 44CFR, National Flood Insurance Program Regulations, pertaining to FLOODPLAIN MANAGEMENT. Sec. 8-13-150 Duties of the FLOODPLAIN ADMINISTRATOR. Duties and responsibilities of the FLOODPLAIN ADMINISTRATOR shall include, but not be limited to, the following: A. Per 44CFR 60.3(b), maintain and hold open for public inspection all records pertaining to the provisions of this ORDINANCE, including the actual elevation in relation to MEAN SEA LEVEL of the LOWEST FLOOR including crawlspace or BASEMENT of all new or SUBSTANTIALLY IMPROVED STRUCTURES and FLOODPROOFING certificates as required by this ORDINANCE. B. Per 44CFR 60.3(a), review, approve, or deny all applications for FLOODPLAIN DEVELOPMENT PERMITS required by the adoption of this ORDINANCE. If the application is not complete as required, the applicant shall be notified of the specific deficiencies. The FLOODPLAIN ADMINISTRATOR may forward copies of the complete application to any referral agency whose review and comment are deemed appropriate by the FLOODPLAIN ADMINISTRATOR. The referral agency to whom the application is referred may review the application to determine compliance of the application with any standards of the referral agency. The reviews and comments solicited are intended to provide the FLOODPLAIN ADMINISTRATOR with information related to the proposed FLOODPLAIN DEVELOPMENT PERMIT. The FLOODPLAIN ADMINISTRATOR may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations. The authority and responsibility for making the decision to approve, approve subject to conditions, or deny the FLOODPLAIN DEVELOPMENT PERMIT application rests with the FLOODPLAIN ADMINISTATOR. C. Per 44CFR 60.3(a), review FLOODPLAIN DEVELOPMENT PERMIT applications to determine whether a proposed BUILDING site, including the placement of MANUFACTURED HOMES, will be reasonably safe from FLOODING. D. Per 44CFR 60.3(a), review the FLOODPLAIN DEVELOPMENT PERMIT application to determine that all necessary permits have been obtained from Federal, State, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. E. The FLOODPLAIN ADMINISTRATOR shall not issue a FLOODPLAIN DEVELOPMENT PERMIT until it has determined that all applicable USES and standards specified in this ORDINANCE have been met by the applicant. The FLOODPLAIN ADMINISTRATOR shall notify the applicant within forty-five (45) days of receipt of a completed application the decision taken on the FLOODPLAIN DEVELOPMENT PERMIT. In case of disapproval, the applicant shall be notified with the specific reasons for the determination. Under no circumstances should it be assumed that the FLOODPLAIN DEVELOPMENT PERMIT is automatically granted. F. Per 44CFR 60.3(b), notify, in riverine situations, ADJACENT communities and the CWCB, prior to the approval of any FLOODPLAIN DEVELOPMENT PERMIT which involves any ALTERATION OR RELOCATION OF A WATERCOURSE, and shall submit evidence of such notification to FEMA. G. Per 44CFR 60.3(b), ensure that the FLOOD carrying capacity within the altered or relocated portion of any WATERCOURSE is maintained. H. Where interpretation is needed as to the exact location of the boundaries of the SPECIAL FLOOD HAZARD AREA, for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the FLOODPLAIN ADMINISTRATOR shall make the necessary interpretation. I. Per 44CFR 60.3(c), for waterways with BASE FLOOD ELEVATIONS for which a regulatory FLOODWAY has not been designated, no NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS, or other DEVELOPMENT (including FILL) shall be permitted within Zone Al -A30 and AE on the COUNTY'S FIRM, unless it is demonstrated that the cumulative effect of the proposed DEVELOPMENT, when combined with all other existing and anticipated DEVELOPMENT, will not increase the WATER SURFACE ELEVATION of the BASE FLOOD more than one-half foot (6 inches) at any point within the COUNTY. J. Per 44CFR 60.3(b), obtain and record the actual elevation, in relation to MEAN SEA LEVEL, of the LOWEST FLOOR of all new or SUBSTANTIALLY IMPROVED STRUCTURES. For all new, replacement or SUBSTANTIALLY IMPROVED FLOODPROOFED STRUCTURES: 1. Verify and record the actual elevation, in relation to MEAN SEA LEVEL, to which the STRUCTURE has been FLOODPROOFED; and 2. Maintain the elevation and FLOODPROOFING certifications. K. Per 44CFR 65.12, notwithstanding any other provisions of this ORDINANCE, the COUNTY may approve certain DEVELOPMENT in Zones A1-30, AE, or AH, on the COUNTY'S FIRM which increases the WATER SURFACE ELEVATION of the BASE FLOOD by more than one-half foot (6 inches), provided that a CLOMR is submitted to FEMA which fulfills the requirements of 44CFR 65.12 and receives FEMA approval. L. Per 44 CFR 60.3(b), when the BASE FLOOD WATER SURFACE ELEVATION or FLOODWAY data has not been provided in accordance with this ORDINANCE, the FLOODPLAIN ADMINISTRATOR shall obtain, review and reasonably utilize any BASE FLOOD WATER SURFACE ELEVATION or FLOODWAY data available from a Federal, State or any other source to administer the provisions of this ORDINANCE. The other sources of data may include but are not limited to: FEMA Publications such as Guidance Documents, Policy Documents, Technical Bulletins, and Regulations; State of Colorado Publications and Regulations; and other published or unpublished FLOOD studies. Division 3 Floodplain Development Permit Procedures Sec. 8-13-170. Exemptions. The following open space and emergency USES are allowed to occur in a FLOODPLAIN or FLOODWAY without a FLOODPLAIN DEVELOPMENT PERMIT provided that such USES are not prohibited by any other resolution or statute, do not require STRUCTURES, do not require alteration of the FLOODPLAIN such as FILL, excavation, or permanent storage of materials or equipment, and will not cause FLOOD losses on other land or to the public: A. Agricultural USES such as tilling, farming, irrigation, harvesting, grazing, etc; B. Private and public recreational USES that do not include overnight vehicle parking or camping; C. Irrigation and livestock water supply wells provided they meet the standards for wells in a FLOODPLAIN; D. Emergency FLOOD damage prevention measures such as sandbagging. In addition to the above enumerated exemptions, DEVELOPMENT activities following a FLOOD for the purpose of reconstruction and restoration of road infrastructure to pre -FLOOD conditions in a FLOODPLAIN or FLOODWAY do not requires a FLOODPLAIN DEVELOPMENT PERMIT. Sec. 8-13-180. Permit procedures. A. The intent of the FLOODPLAIN DEVELOPMENT PERMIT is to ensure that proposed DEVELOPMENT, BUILDING sites, and STRUCTURES which are to be located within the 100 -YEAR FLOODPLAIN are safe from FLOODING. B. No permit shall be issued nor shall any START OF CONSTRUCTION begin, DEVELOPMENT occur, BUILDING or STRUCTURE be erected, constructed, replaced, or SUBSTANTIALLY IMPROVED within the 100 -YEAR FLOODPLAIN as shown on the FEMA designated maps until a FLOODPLAIN DEVELOPMENT PERMIT for such DEVELOPMENT, BUILDING, or STRUCTURE has been approved by the FLOODPLAIN ADMINISTRATOR. Any person filing an application for a FLOODPLAIN DEVELOPMENT PERMIT for a DEVELOPMENT, STRUCTURE, or MANUFACTURED HOME is required to comply with the procedures and application requirements listed in this ORDINANCE. Any DEVELOPMENT, BUILDING, or STRUCTURE which is to be located within the FLOODPLAIN, as defined by the FIRM or DFIRM is required to obtain a FLOODPLAIN DEVELOPMENT PERMIT in accordance with this ORDINANCE. A FLOODPLAIN DEVELOPMENT PERMIT shall be obtained for all DEVELOPMENT, BUILDINGS, or STRUCTURES which are to be located within the FLOODPLAIN regardless of building permit requirements. Nothing in this ORDINANCE shall be construed as exempting an applicant for a FLOODPLAIN DEVELOPMENT PERMIT from any other COUNTY regulatory requirements. C. Per 44CFR 60.3(a), FLOODPLAIN DEVELOPMENT PERMIT applications submitted for review shall include, at a minimum, the following information. Applications containing less than the specified requirements shall not be accepted for review unless the applicant has submitted to, and had approved by, the FLOODPLAIN ADMINISTRATOR written justification as to why a particular requirement does not pertain to the proposed DEVELOPMENT. 1. A completed FLOODPLAIN DEVELOPMENT PERMIT application form provided by the FLOODPLAIN ADMINISTRATOR; 2. An explanation of how the standards in this ORDINANCE have been or will be met; 3. A map, drawn and certified by a registered Colorado professional engineer, which accurately displays the following information: a. The name and address of the property owner; b. A legal description which describes the Section, Township and Range of the property; c. Scale and north arrow; d. Topographic map at the BUILDING site, including a map (plot plan) drawn to an appropriate scale and the location of known encumbrances and spot elevations for the site near all existing and proposed STRUCTURES; e. WATER SURFACE ELEVATIONS of the BASE FLOOD ELEVATION at the BUILDING site. If the WATER SURFACE ELEVATIONS are not shown on the FBFM, FIRM, or DFIRM, the applicant's engineer shall use acceptable methodology to determine the WATER SURFACE ELEVATIONS and show them on the map; f. Boundaries of the FLOODPLAIN and FLOODWAY on the property; g. A plot plan which shows the location, shape, exterior dimensions and distance from LOT or property lines of each existing or proposed STRUCTURE relative to the FLOODPLAIN and/or FLOODWAY boundaries; h. The elevation of the LOWEST FLOOR, including the BASEMENT or crawlspace, of all new or SUBSTANTIALLY IMPROVED STRUCTURES; i. If applicable, the elevation to which any non-residential STRUCTURE will be FLOODPROOFED; j. Proposed vehicular access to the property; and k. Any FILL, proposed and existing storage of materials, and proposed and existing drainage facilities located on the property. 4. If applicable, a certificate from a registered professional engineer licensed in the State that the non-residential FLOODPROOFED STRUCTURE shall meet the FLOODPROOFING criteria listed herein; 5. A pre -construction elevation certification shall be submitted with the FLOODPLAIN DEVELOPMENT PERMIT application. An additional as -built elevation certification will be required prior to receiving a certificate of occupancy or final building permit approval for the STRUCTURE. The elevation certifications shall be submitted on the most current FEMA Elevation Certificate; 6. An elevation drawing delineated with the appropriate architectural scale, which clearly depicts the elevation of the LOWEST FLOOR of the proposed and existing STRUCTURES in relation to the BASE FLOOD ELEVATION plus one foot; 7. Electronic copies of hydrologic and hydraulic computer models; 8. Electronic copies of CAD and/or GIS files; 9. If applicable, a description of the extent to which any WATERCOURSE or natural drainage will be altered or relocated as a result of proposed DEVELOPMENT; and 10. Any other relevant information which may be required by the FLOODPLAIN ADMINISTRATOR to determine that the proposed project has gained the appropriate Federal, State, and COUNTY approvals (e.g. wetland permits, septic permits, etc). D. Approval or denial of a FLOODPLAIN DEVELOPMENT PERMIT by the FLOODPLAIN ADMINISTRATOR shall be based on all of the provisions of this ORDINANCE and the following relevant factors: 1. The danger to life and property due to FLOODING or erosion damage; 2. The susceptibility of the proposed facility and its contents to FLOOD damage and the effect of such damage on the individual owner; 3. The danger that materials may be swept onto other lands to the injury of others; 4. The compatibility of the proposed USE with existing and anticipated DEVELOPMENT; 5. The safety of access to the property in times of FLOOD for ordinary and emergency vehicles; 6. The costs of providing governmental services during and after FLOOD conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; 7. The expected heights, velocity, duration, rate of rise and sediment transport of the FLOOD waters and the effects of wave action, if applicable, expected at the site; 8. The necessity to the facility of a waterfront location, where applicable; 9. The availability of alternative locations, not subject to FLOODING or erosion damage, for the proposed DEVELOPMENT; and 10. The relationship of the proposed USE to the COUNTY'S comprehensive plan for that area. Division 4 Standards Sec. 8-13-200. General standards. In all SPECIAL FLOOD HAZARD AREAS the following provisions are required for all DEVELOPMENT, NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS: A. Prior to the START OF CONSTRUCTION, a FLOODPLAIN DEVELOPMENT PERMIT shall be obtained. B. All FLOODPLAIN analysis done for the purpose of obtaining a FLOODPLAIN DEVELOPMENT PERMIT shall be performed utilizing the appropriate FEMA accepted methodology and BEST AVAILABLE DATA. C. Per 44CFR 60.3(a), all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENTS shall be designed and adequately anchored to prevent flotation, collapse, or lateral movement of the STRUCTURE resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. D. Per 44CFR 60.3(a), all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENTS shall be constructed by methods and practices that minimize FLOOD damage. E. Per 44CFR 60.3(a), all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENTS shall be constructed with materials resistant to FLOOD damage. F. Per 44CFR 60.3(a), all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS shall be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of FLOODING. G. Per 44CFR 60.3(a), all new or replacement water supply systems shall be designed to minimize or eliminate infiltration of FLOOD waters into the system. H. Per 44CFR 60.3(b), all MANUFACTURED HOMES shall be installed using methods and practices which minimize FLOOD damage. For purposes of this requirement, MANUFACTURED HOMES must be ELEVATED and anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State and COUNTY anchoring requirements for resisting wind forces. I. Per 44CFR 60.3(a), all new or replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of FLOOD waters into the system and discharge from the systems into FLOOD waters. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during FLOODING. Per Weld County Code Chapter 30, and Colorado Department of Public Health and Environment regulations, no new or expanded individual sewage disposal system can be placed in a FLOODWAY. Per Colorado Department of Public Health and Environment regulations, if a FLOODWAY has not been designated, the FLOODWAY location and elevation shall be determined by a registered Colorado Professional Engineer. J. Per CWCB FLOODPLAIN Rule 11, a FLOODPLAIN DEVELOPMENT PERMIT shall not be issued for the construction of a new STRUCTURE or ADDITION to an existing STRUCTURE on a property removed from the FLOODPLAIN by the issuance of a FEMA LOMR-F, if the LOWEST FLOOR ELEVATION, including the BASEMENT or crawlspace, is less than one foot (12 inches) above the BASE FLOOD ELEVATION that existed prior to the placement of FILL. K. Per CWCB FLOODPLAIN Rule 12 and 44CFR 60.3(b), any USE or DEVELOPMENT which causes or results in an ALTERATION OR RELOCATION OF A WATER COURSE shall comply with the requirements listed below. The applicant shall provide evidence that: 1. CHANNELIZATION and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition, and CHANNEL migration and properly mitigate potential problems throughout the project area as well as upstream and downstream of any DEVELOPMENT activity. A detailed analysis of sediment transport and overall CHANNEL capacity should be considered, when appropriate, to assist in determining the most appropriate design. The residual 100 -YEAR FLOODPLAIN shall be evaluated. 2. Any CHANNELIZATION or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory FLOODPLAIN and shall be in accordance with all applicable Federal and State rules and regulations. 3. Any ALTERATION OR RELOCATION OF A WATER COURSE shall be designed and sealed by a registered Colorado Professional Engineer or certified Professional Hydrologist. 4. All activities within the regulatory FLOODPLAIN shall meet all applicable Federal and State requirements and regulations. 5. Within the REGULATORY FLOODWAY, ALTERATION OR RELOCATION OF A WATER COURSE shall not occur unless the project proponent demonstrates through a FLOODWAY analysis and report, sealed by a registered Colorado Professional Engineer, that there is not more than a 0.00 foot rise in the proposed conditions resulting from the DEVELOPMENT compared to the existing conditions FLOODWAY, otherwise known as a No -Rise Certification, unless the proponent first applies for and receives a CLOMR for a FLOODWAY revision. 6. Maintenance shall be required for any altered or relocated portions of WATERCOURSES so that the flood -carrying capacity is not diminished. 7. Municipalities within a three-mile radius of the proposed ALTERATION OR RELOCATION OF A WATERCOURSE have been notified in writing of the proposed ALTERATION OR RELOCATION OF A WATERCOURSE. 8. The CWCB has been notified in writing of the proposed ALTERATION OR RELOCATION OF A WATERCOURSE. 9. The Insurance and Mitigation Division of FEMA has been notified in writing of the proposed ALTERATION OR RELOCATION OF A WATERCOURSE. 10. The Army Corps of Engineers has been notified in writing of the proposed ALTERATION OR RELOCATION OF A WATERCOURSE. L. Per CWCB FLOODPLAIN Rule 6, all new CRITICAL FACILITIES, SUBSTANTIALLY IMPROVED CRITICAL FACILITIES, and ADDITIONS to CRITICAL FACILITIES shall either be FLOODPROOFED or ELEVATED a minimum of two (2) feet (24 inches) above the BASE FLOOD ELEVATION. Facilities that are exempted from the definition of CRITICAL FACILITIES must still meet all of the other FLOODPLAIN regulations. Ingress and egress for new CRITICAL FACILITIES shall, when practicable, have continuous non -inundated access during a 100 -YEAR FLOOD event. M. Barns with no habitable living spaces or sanitary systems, loafing sheds, detached garages with no habitable living spaces, boathouses/boat docks with no habitable living spaces, and storage sheds may be FLOODPROOFED by the FLOOD venting measures described below: 1. FLOOD vented STRUCTURES shall be anchored to resist floatation, collapse, and lateral movement; 2. FLOOD vented STRUCTURES shall be constructed using FLOOD resistant materials below the BASE FLOOD ELEVATION plus one (1) foot; 3. All utility equipment in a FLOOD vented STRUCTURE shall be elevated or made WATERTIGHT to prevent the accumulation of FLOOD water in the components; 4. There shall be a minimum of two openings on different sides of each enclosed area, and if a BUILDING has more than one enclosed area below the BASE FLOOD ELEVATION, each area shall have openings on exterior walls; 5. The total net area of all openings shall be at least 1 square inch for each square foot of enclosed area, or the openings shall be designed and the construction documents shall include a statement that the design and installation will provide for equalization of hydrostatic FLOOD forces on exterior walls by allowing for the automatic entry and exit of floodwaters; 6. The bottom of each opening shall be 1 foot or less above the adjacent ground level; 7. The openings shall be located below the BASE FLOOD ELEVATION; 8. Openings shall be at least 3 inches in diameter; and 9. Any louvers, screens or other opening covers shall allow the automatic flow of floodwaters into and out of the enclosed area. Openings installed in doors and windows that meet requirements above are acceptable, however, doors and windows without installed openings do not meet the requirements of this Subsection M. N. All OIL AND GAS PRODUCTION FACILITIES including TANK BATTERIES shall be anchored to resist flotation, collapse or lateral movement. OIL AND GAS PRODUCTION FACILITIES shall be ELEVATED, FLOODPROOFED, or FLOOD vented as appropriate. O. If FILL material is to be used in the FLOODPLAIN, a registered Colorado Professional Engineer shall certify that the FILL material is designed to withstand the erosional forces associated with the BASE FLOOD. P. Outside storage of FLOATABLE MATERIALS associated with non-agricultural uses shall not be allowed. Materials that are not floatable can be stored outside provided that a FLOODPLAIN DEVELOPMENT PERMIT is obtained. Sec. 8-13-210. Specific standards for Approximate Floodplains (Zone A). In addition to of the general standards in Section 8-13-200, the following provisions are required for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated as Zone A (Approximate Floodplain): A. Per 44CFR 60.3(b) and CWCB FLOODPLAIN Rule 11, all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any residential STRUCTURE shall have the LOWEST FLOOR (including BASEMENT or crawlspace), ELEVATED a minimum of one foot above the BASE FLOOD ELEVATION. Upon completion of the STRUCTURE, the elevation of the LOWEST FLOOR, including BASEMENT or crawlspace, shall be certified by a registered Colorado land surveyor. The certificate shall utilize FEMA's Elevation Certificate and must include all information requested on the Elevation Certificate. B. Per 44CFR 60.3(b), with the exception of CRITICAL FACILITIES, all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any commercial, industrial, or other non-residential STRUCTURES shall either have the LOWEST FLOOR (including BASEMENT or crawlspace) ELEVATED a minimum of one foot above the BASE FLOOD ELEVATION or, together with attendant utility and sanitary facilities, be designed so that at one foot above the BASE FLOOD level, the structure is WATERTIGHT with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect licensed in the State of Colorado shall develop and/or review structural design, specifications, and plans for construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice. C. Per 44CFR 60.3(b), for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS, with fully enclosed areas below the LOWEST FLOOR that are used solely for the parking of vehicles, BUILDING access, or storage in an area other than a BASEMENT and which are subject to FLOODING shall be designed to automatically equalize hydrostatic FLOOD forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered Colorado Professional Engineer or architect to meet or exceed the following minimum criteria: 1. There shall be a minimum of two openings on different sides of each enclosed area; if a BUILDING has more than one enclosed area below the BASE FLOOD ELEVATION, each area shall have openings on exterior walls; 2. The total net area of all openings shall be at least 1 square inch for each square foot of enclosed area, or the openings shall be designed and the construction documents shall include a statement that the design and installation will provide for equalization of hydrostatic FLOOD forces on exterior walls by allowing for the automatic entry and exit of floodwaters; 3. The bottom of each opening shall be 1 foot or less above the adjacent ground level; 4. The openings shall be located below the BASE FLOOD ELEVATION; 5. Openings shall be at least 3 inches in diameter; and 6. Any louvers, screens or other opening covers shall allow the automatic flow of floodwaters into and out of the enclosed area. Openings installed in doors and windows that meet the above requirements are acceptable, however, doors and windows without installed openings do not meet the requirements of this Subsection C. D. Per 44CFR 60.3(b), BASE FLOOD ELEVATION data shall be generated for all subdivision proposals and other proposed DEVELOPMENT including the placement of MANUFACTURED HOME PARKS greater than 50 LOTS and/or 5 acres or greater in size. Per 44CFR 65.3, the applicant shall submit a LOMR to FEMA for acceptance and approval within 60 days after the BASE FLOOD ELEVATIONS are determined. E. Per 44CFR 60.3(a), all subdivision proposals including the placement of MANUFACTURED HOME PARKS and subdivisions shall conform to the following requirements: 1. All subdivision proposals including the placement of MANUFACTURED HOME parks shall be reasonably safe from FLOODING. If a subdivision or other DEVELOPMENT proposal is in a flood -prone area, the proposal shall minimize FLOOD damage; 2. All proposals for the development of subdivisions including the placement of MANUFACTURED HOME PARKS and subdivisions shall meet the FLOODPLAIN DEVELOPMENT PERMIT requirements; 3. Adequate drainage paths shall be provided to reduce exposure to FLOOD hazards; and 4. Public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate FLOOD damage. Sec. 8-13-220. Specific standards for FLOODPLAINS with BASE FLOOD ELEVATIONS (Zones A1 -A30, AH, AO, and AE). In addition to of the general standards in Section 8-13-200 and specific standards for Approximate Floodplains in Section 8-13-210, the following provisions are required for all NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated as Zones Al through A30, AH, AO, and AE: A. Per 44CFR 60.3(c), when a regulatory FLOODWAY has not been designated, the FLOODPLAIN ADMINISTRATOR shall require that no NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS, or other DEVELOPMENT, including FILL, shall be permitted within Zones A1-30 and AE on the COUNTY'S FIRM, unless it is demonstrated that the cumulative effect of the proposed DEVELOPMENT, when combined with all other existing and anticipated DEVELOPMENT, will not increase the WATER SURFACE ELEVATION of the BASE FLOOD more than half a foot (6 inches) at any point within the COUNTY. B. Per 44CFR 60.3(c), all new MANUFACTURED HOMES that are placed within Zones A1 -A30, AH, and AE that are outside of a MANUFACTURED HOME PARK OR SUBDIVISION, in a new MANUFACTURED HOME PARK OR SUBDIVISION, in an expansion to an EXISTING MANUFACTURED HOME PARK OR SUBDIVISION, or in an EXISTING MANUFACTURED HOME PARK OR SUBDIVISION on which a MANUFACTURED HOME has incurred SUBSTANTIAL DAMAGE shall be ELEVATED on a permanent foundation such that the LOWEST FLOOR of the MANUFACTURED HOME is elevated a minimum of one foot above the BASE FLOOD ELEVATION and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. C. Per 44CFR 60.3(c), existing MANUFACTURED HOMES that are placed or SUBSTANTIALLY IMPROVED on sites in an existing MANUFACTURED HOME PARK OR SUBDIVISION within Zones Al through A30, AH, and AE, and that are not subject to the provisions of the above Subsection B, shall be elevated so that either: 1. The LOWEST FLOOR of the MANUFACTURED HOME is a minimum of one foot above the BASE FLOOD ELEVATION; or 2. The MANUFACTURED HOME chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. D. Per 44CFR 60.3(c), RECREATIONAL VEHICLES placed on sites within the FLOODPLAIN shall: 1. Be on site for fewer than one -hundred eighty (180) consecutive days and be fully licensed and properly equipped for highway usage; or 2. Shall meet the elevation and anchoring requirements for MANUFACTURED HOMES. A RECREATIONAL VEHICLE is properly equipped for highway usage if it is on its wheels or jacking system, is attached to the site only by quick disconnect utilities and security devices, and has no permanently attached additions. E. Per 44CFR 60.3(c), Zone AO (shallow flooding) areas can be located within the SPECIAL FLOOD HAZARD AREA. These SPECIAL FLOOD HAZARD AREAS are associated with BASE FLOOD depths of 1 to 3 feet where a clearly defined CHANNEL does not exist and where the path of FLOODING is unpredictable and where velocity flow may be evident. Such FLOODING is characterized by ponding or sheet flow. The following provisions shall apply: 1. All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS of residential STRUCTURES shall have the LOWEST FLOOR (including BASEMENT or crawlspace) ELEVATED above the HIGHEST ADJACENT GRADE at least one foot above the depth number specified in feet on the FIRM. If no depth number is provided on the FIRM, the LOWEST FLOOR (including BASEMENT or crawlspace) shall be a minimum of three feet above the HIGHEST ADJACENT GRADE. Upon completion of the STRUCTURE, the elevation of the LOWEST FLOOR, including the BASEMENT or crawlspace, shall be certified by a registered Colorado Land Surveyor. Such certification shall be submitted to the FLOODPLAIN ADMINISTRATOR. 2. With the exception of CRITICAL FACILITIES, all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any commercial, industrial, or other non-residential STRUCTURES shall either have the lowest floor (including BASEMENT or crawlspace) ELEVATED a minimum of one foot above the BASE FLOOD ELEVATION (at least three feet if no depth number is specified) or, together with attendant utility and sanitary facilities, be designed so that at one foot above the BASE FLOOD level, the structure is WATERTIGHT with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect licensed in the State of Colorado shall develop and/or review the structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice. 3. Adequate drainage paths shall be established to guide FLOOD waters around and away from proposed STRUCTURES. F. Per 44CFR 60.3(c), notwithstanding any other provisions of this ORDINANCE, the COUNTY may approve certain development in Zones A1-30, AE, or AH, on the COUNTY'S FIRM which results in the increase of the BASE FLOOD WATER SURFACE ELEVATION by more than one-half foot (6 inches), provided that a CLOMR is submitted to FEMA which fulfills the provisions of 44CFR 65.12 and receives FEMA approval. Sec. 8-13-230. Specific standards for FLOODPLAINS with FLOODWAYS. FLOODWAYS are administrative limits and tools used to regulate existing and future FLOODPLAIN DEVELOPMENT. The State of Colorado has adopted FLOODWAY standards that are more stringent than the FEMA minimum standard. Located within the SPECIAL FLOOD HAZARD AREA are areas designated as FLOODWAY. Since the FLOODWAY is extremely hazardous due to the velocity of FLOOD waters which carry debris, potential projectiles and erosion potential, the following provisions, in addition to the provisions of the general standards in Section 8-13-200, specific standards for Approximate Floodplains in Section 8-13-210, and specific standards for FLOODPLAINS with BASE FLOOD ELEVATIONS in section 8-13-220, for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are located in FLOODWAYS shall apply: A. Per 44CFR 60.3(d), encroachments within the regulatory FLOODWAY are prohibited, including FILL, NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS, and other DEVELOPMENT unless it has been demonstrated through hydrologic and hydraulic analyses performed by a licensed Colorado Professional Engineer and in accordance with standard engineering practices that the proposed encroachment would not result in any increase, as shown by a NO RISE CERTIFICATION, in FLOOD levels within the COUNTY during the occurrence of the BASE FLOOD discharge. Per CWCB FLOODPLAIN Rule 7, FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners and any other FEMA accepted methodology are considered to be standard engineering practices. B. Per 44CFR 60.3(d), if the above standard is satisfied, all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS shall comply with all applicable provisions of this ORDINANCE. C. Per 44CFR 60.3(d), notwithstanding any other provisions of this ORDINANCE, the COUNTY may approve certain development in Zones Al through 30, AE, or AH, on the COUNTY'S FIRM which results in the increase of the BASE FLOOD WATER SURFACE ELEVATION by more than one-half foot (6 inches), provided that a CLOMR is submitted to FEMA which fulfills the provisions of 44CFR 65.12 and receives FEMA approval. Sec. 8-13-240. Specific standards for FLOODPLAIN Studies. CWCB FLOODPLAIN Rules 7, 9, and 10 provide specific standards for conducting FLOODPLAIN studies. A. Per CWCB FLOODPLAIN Rule 7, all FLOODPLAIN studies shall be carried out in accordance with the following standards: 1. Approximate FLOODPLAIN information shall be based on detailed hydrology computed for 100 -YEAR FLOODS. Hydraulic information shall be produced using approximate, field, or limited techniques and the best available topographic/survey data. 2. Detailed FLOODPLAIN information shall be based on detailed hydrologic and hydraulic determinations for 100 -YEAR FLOODS. FLOOD profiles and FLOODPLAIN delineations for the BASE FLOOD shall be plotted. 3. Base mapping for FLOODPLAIN studies shall meet the minimum standards as set forth in FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners. 4. Topographic and field survey information for FLOODPLAIN studies shall meet the minimum standards as set forth in FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners. 5. Geographic Information System information for FLOODPLAIN studies shall meet the minimum standards as set forth in FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners. 6. Hydrologic analyses for FLOODPLAIN studies shall be completed using the information set forth in FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners. Additionally, hydrology studies must comply with the following: a. All FLOODPLAIN studies, regardless of the level of detail, shall utilize detailed hydrologic information. The Colorado Floodplain and Stormwater Criteria Manual may be used as a reference to aid in the analysis; and b. Any new study to evaluate hydrologic information and/or design storm criteria shall be completed in such a way that it is scientifically defensible and technically reproducible. 7. Hydraulic analyses for FLOODPLAIN studies shall be completed using the protocols set forth in FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners. 8. FLOODPLAIN delineations shall be completed using the protocols set forth in FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners and shall, at a minimum, comply with the technical quality assurance standards as follows: a. The FLOOD elevations and the FLOODPLAIN delineations on the maps must correlate reasonably to the best available topographic information for the stream and adjacent corridor. b. The planimetric features on the FLOODPLAIN maps must be consistent with the best available aerial photographs or other suitable information for the stream and adjacent corridor, as determined through prevailing industry practices. 9. The results of the hydrologic analyses, hydraulic analyses, and FLOODPLAIN delineations shall be summarized in a written report. All FLOODPLAIN information that is presented for designation shall be properly titled, dated, organized, and bound as a stand-alone document. In addition to the hard copy final report, a digital copy of the final report shall be submitted in MS WORD and PDF formats. All pertinent backup data such as GIS files, hydrologic models, and hydraulic models shall also be provided in acceptable digital formats. a. The regulatory FLOODPLAIN maps shall show at a minimum the flood boundaries, the location of all cross sections used in the hydraulic analysis, the reference line drawn down the center of the FLOODPLAIN or low flow CHANNEL, and a sufficient number of FLOOD contours in order to reconstruct the floodwater surface profiles. b. FLOOD contours or BASE FLOOD ELEVATIONS shall be shown as wavy lines drawn perpendicular to the direction of flow of floodwater and shall extend completely across the area of the mapped regulatory FLOODPLAIN. c. The regulatory FLOODPLAIN map scale shall be 1 -inch equals 1,000 feet or such map scale showing greater detail. FEMA map panels may be at 1 -inch equals 500 ft, 1 -inch equals 1,000 feet, or 1 -inch equals 2,000 feet. B. Per CWCB FLOODPLAIN Rule 9, if a publicly operated and maintained STRUCTURE is specifically designed and operated either in whole or in part for FLOOD control purposes, then its effects shall be taken into consideration when delineating the FLOODPLAIN below such STRUCTURE. 1. The effects of the STRUCTURE shall be based upon the 100 -YEAR FLOOD with full credit given to the diminution of peak FLOOD discharges, which would result from normal FLOOD control STRUCTURE operating procedures. 2. The hydrologic analysis shall consider the effects of on -site detention for rooftops, parking lots, highways, road FILLS, railroad embankments, diversion STRUCTURES, refuse embankments, including, but not limited to, solid waste disposal facilities, mill tailings, impoundments, siltation ponds, livestock water tanks, erosion control structures, or other STRUCTURES, only if they have been designed and constructed with the purpose of impounding water for FLOOD detention and are publicly operated and maintained. Public operation and maintenance shall include direct responsibility or ultimate responsibility through written agreement. 3. Detention STRUCTURES that are privately operated or maintained shall not be included in the hydrologic analysis unless it can be shown that they exacerbate downstream peak discharges. 4. If a STRUCTURE is not specifically designed and operated, either in whole or in part, for FLOOD control purposes (i.e. railroad embankments, roadway embankments, non -engineered berms, etc.), then its effects shall not be taken into account and the delineation of the FLOODPLAIN below such STRUCTURE shall be based upon the 100 -YEAR FLOOD that could occur absent the STRUCTURE'S influence. However, if adequate assurances have been obtained to preserve the FLOOD routing capabilities of such STRUCTURE, then the delineation of the FLOODPLAIN below the structure may be based on the assumption that the reservoir formed by the STRUCTURE will be filled to the elevation of the STRUCTURE'S emergency spillway and the 100 -YEAR hydrology can be routed through the reservoir to account for any FLOOD attenuation effects. 5. Adequate assurances shall include appropriate recognition in a COUNTY adopted master plan of: a. FLOOD routing capability of the reservoir, as shown by comparison of the 100 -YEAR FLOODPLAIN in plan and profile with and without the STRUCTURE in place, in order that the public may be made aware of the potential change in level of FLOOD protection in the event that the reservoir FLOOD routing capability is lost; b. The need to preserve that FLOOD routing capability by whatever means available in the event that the reservoir owners attempt to make changes that would decrease the FLOOD routing capability; and c. A complete operations and maintenance plan. 6. Irrigation facilities, including, but not limited to, ditches and canals, shall not be used as stormwater or FLOOD conveyance facilities, unless specifically approved and designated by the COUNTY and approved by the irrigation facility owners. The FLOOD conveyance capacity of irrigation facilities shall be acknowledged only by written agreement between the facility owners and COUNTY, with review and concurrence from the Colorado Division of Water Resources to ensure that water rights administration needs are properly considered. A maintenance easement or agreement shall be in place allowing the COUNTY maintenance access when needed. 7. Unless specified otherwise by aforementioned written agreement, FLOOD hydrology for FLOODPLAIN mapping purposes shall consist of peak hydrologic flows that are identical immediately downstream and immediately upstream of a ditch or canal that is generally perpendicular to the stream or drainageway of interest. The irrigation facility shall be assumed as running full so that there are no computed FLOOD reduction benefits downstream of the irrigation facility. Backwater behind irrigation facilities shall be mapped. C. Per CWCB FLOODPLAIN Rule 10, the use of LEVEES for property protection, FLOOD control, and FLOOD hazard mitigation is not encouraged unless other mitigation alternatives are not viable. 1. The areas landward of an accredited LEVEE SYSTEM shall be mapped as Zone X (shaded). The DFIRM and FIRM for these areas will include an informational note that advises users of the FLOOD risk in LEVEE -impacted areas. 2. In situations where LEVEES are the only viable alternative for protection of existing DEVELOPMENT, "setback" LEVEES shall be designed and constructed to maintain the natural CHANNEL and reserve a portion of the natural FLOODPLAIN capacity. 3. LEVEES shall not be used for FLOOD protection along streams or WATERCOURSES where new DEVELOPMENT is planned. 4. LEVEES may be used to protect public utility plant facilities for wastewater treatment and pumping as well as electric power plants due to their close proximity to natural waterways. 5. For existing LEVEES that protect existing DEVELOPMENT, proper maintenance shall be performed by LEVEE owners/operators, or non-federal sponsors in the case of federal LEVEES, according to an operations and maintenance plan. LEVEES shall not be constructed for the primary purpose of removing undeveloped lands from mapped FLOODPLAIN areas for the purposes of DEVELOPMENT. When constructed, LEVEES for which protection will be considered for designation and approval must meet the requirements set forth in 44 CFR 65.10. Artificial embankments that function as a LEVEE or a FLOOD control STRUCTURE must meet the provisions of CWCB Rule 10 or 2CCR 402-1 (2010), respectively, in order to be considered as providing protection. 6. An operation and maintenance manual that ensures continuing proper function of the LEVEE shall be prepared and updated. The LEVEE shall be structurally sound and adequately maintained. Sedimentation effects shall be considered for all LEVEE projects. Certification from a Federal or State agency or a Colorado registered professional engineer that the LEVEE meets the minimum freeboard criteria stated above and that it appears, on visual inspection, to be structurally sound and adequately maintained shall be required on a three-year basis and provided to the CWCB. LEVEES that have obvious structural defects or that are obviously lacking in proper maintenance shall not be considered in the hydraulic analysis. 7. Privately -operated or maintained LEVEE SYSTEMS will not be considered in the hydraulic analysis performed unless the COUNTY mandates operation and maintenance of the LEVEE SYSTEM and the criteria set forth below are met. a. LEVEES for which the community, State, or Federal government has responsibility for operations and maintenance will be considered, provided that the criteria set forth below are met. b. Privately -owned LEVEE SYSTEMS shall only be considered in the hydraulic analysis if a fully executed agreement exists between the LEVEE owner and a governmental entity enabling unrestricted access to the governmental entity for the purposes of inspection and maintenance and gives the governmental entity responsibility for maintenance. c. A copy of the executed agreement shall be provided to the CWCB and the CWCB shall be notified in writing of any changes made to the agreement. 8. A minimum LEVEE freeboard of 3 feet shall be necessary with an additional 1 -foot of freeboard within 100 feet of either side of hydraulic structures within the LEVEE or wherever the flow is constricted such as at bridges. An additional 0.5 -foot above this minimum is also required at the upstream end of the LEVEE. 9. In cases where levees are mapped as providing 100 -YEAR FLOOD protection the adequacy of interior drainage systems, on the landward side of the LEVEE, shall be evaluated. Areas subject to FLOODING from inadequate interior drainage behind LEVEES shall be mapped using standard procedures. 10. Evaluation of LEVEES shall not consider human intervention (e.g., capping of levees by sandbagging, earth fill, or flashboards) for the purpose of increasing a LEVEE'S design level of protection during an imminent FLOOD. Human intervention shall only be considered for the operation of closure structures (e.g., gates or stop logs) in a LEVEE SYSTEM designed to provide at least the level of BASE FLOOD protection, including adequate freeboard as described above, provided that such human operation is specifically included in an emergency response plan adopted by the COUNTY. 11. For areas protected by a LEVEE providing less than the level of BASE FLOOD protection, FLOOD elevations shall be computed as if the LEVEE did not exist. For the unprotected area between the LEVEE and the source of FLOODING, the elevations to be shown shall be obtained from either the FLOOD profile that would exist at the time LEVEE overtopping begins or the profile computed as if the LEVEE did not exist, whichever is higher. This procedure recognizes the increase in FLOOD elevation in the unprotected area that is caused by the LEVEE itself. This procedure may result in FLOOD elevations being shown as several feet higher on one side of the levee than on the other. Both profiles shall be shown in the final report and labeled as "before LEVEE overtopping" and "after LEVEE overtopping" respectively. Division 5 Appeal and Variance Sec. 8-13-260. Appeal of FLOODPLAIN ADMINISTRATOR'S administrative decision. Appeal of any FLOODPLAIN ADMINISTRATOR'S administrative decision regarding the application or interpretation of this ORDINANCE shall be addressed pursuant to Weld County Code § 2-4-10. Sec. 8-13-270. VARIANCE procedures. The Board of County Commissioners shall hear and render judgment on requests for VARIANCES from the requirements of this ORDINANCE. A. VARIANCE requests to the Board of County Commissioners shall be made and processed as set forth below: 1. Application Requirements: VARIANCE requests regarding the application of specific terms or requirements of this ORDINANCE shall be made submitted on a form provided by the FLOODPLAIN ADMINISTRATOR and contain, at a minimum, the following information: a. A statement that specifies the Weld County Code Section for which a VARIANCE request is being sought; b. A plot plan showing the location of existing features, such as STRUCTURES, fences, streams, PUBLIC or private rights -of -way, streets or accesses. The plot plan shall include the location and dimensions of all existing and proposed STRUCTURES; elevations of the area in question; and any fill, storage of materials and drainage facilities. The plot plan shall also show the boundaries of the FLOODPLAIN and FLOODWAY and the BASE FLOOD WATER SURFACE ELEVATIONS; c. A copy of a deed, purchase contract or other legal instrument indicating the applicant's interest in the property. The deed, purchase contract or legal instrument should include a complete and accurate legal description of the property; d. A statement that demonstrates there is good and sufficient cause for granting a VARIANCE. Per FEMA guidance, the following reasons are not considered good and sufficient cause, including, but not limited to: i. Property values will decrease; ii. Inconvenience for the owner; iii. The cost to comply with this ORDINANCE; and iv. The property will look different from other properties in the neighborhood or surrounding area. e. A statement must demonstrate that an unnecessary hardship will be created if a VARIANCE is not approved. Per FEMA guidance, the following hardships are not considered exception hardships including, but not limited to: i. Financial hardship; ii. Inconvenience; iii. Physical handicaps; iv. Aesthetic considerations; v. Personal preferences; and vi. Disapproval of one's neighbors. f. A statement that demonstrates how the danger of materials being swept into other lands causing injury to others will be minimized or mitigated; g. A statement that demonstrates how the danger to life and property due to FLOODING or erosion damage will be minimized or mitigated; h. A statement that demonstrates how the susceptibility of the proposed facility and its contents to FLOOD damage and the effect of such damage on the individual owner will be minimized or mitigated; i. Evidence that demonstrates the importance of the services provided by the proposed facility to the COUNTY, where applicable; j. Evidence that demonstrates the necessity to the facility of a waterfront location, where applicable; k. Evidence that demonstrates that the availability of alternative locations for the proposed USE, which are not subject to FLOODING or erosion damage, was investigated; I. A statement that demonstrates the safety of access to the property at times of FLOOD for ordinary and emergency vehicles; m. Evidence that has been prepared by a registered professional engineer licensed in the State that demonstrates the expected depths, velocity, duration, rate of rise and transport of the FLOOD waters and the effects of wave action, if applicable, expected at the site will be; n. Evidence that has been prepared, stamped, signed, and dated by a registered professional engineer licensed in the State that demonstrates the USE will not result in any increase in the BASE FLOOD WATER SURFACE ELEVATION within the FLOODWAY per 44CFR 60.6; o. Evidence that demonstrates that the VARIANCE requested is the minimum VARIANCE necessary, considering the FLOOD hazard, to afford relief; and p. Any other information determined to be necessary by the FLOOD PLAIN ADMINISTRATOR or Board of County Commissioners that will aid the Board of County Commissioners in making a decision on the VARIANCE request. 2. Duties of the FLOODPLAIN ADMINISTRATOR during the consideration of VARIANCE requests. a. The FLOODPLAIN ADMINISTRATOR shall review the application and determine that it is complete before scheduling consideration of the VARIANCE request by the Board of County Commissioners. Incomplete applications will be returned to the applicant with a letter requesting additional information; b. The FLOODPLAIN ADMINISTRATOR shall review the application for consideration of the VARIANCE and shall prepare comments for use by the Board of County Commissioners addressing all aspects of the VARIANCE and the effect of granting or denying the request for VARIANCE; c. Per 44CFR 60.6, the FLOODPLAIN ADMINISTRATOR shall maintain the records of all VARIANCE requests, including technical information, and report any VARIANCES granted to FEMA; d. Per 44CFR 60.6, if the VARIANCE request is for a STRUCTURE with a LOWEST FLOOR ELEVATION below the BASE FLOOD ELEVATION, the FLOODPLAIN ADMINISTRATOR shall give written notice to any party to whom a VARIANCE is granted that the STRUCTURE will be permitted to be built with a LOWEST FLOOR ELEVATION below the BASE FLOOD ELEVATION and that the cost of FLOOD insurance will be commensurate with the increased risk resulting from the reduced LOWEST FLOOR elevation. 3. Duties of the Board of County Commissioners during consideration of VARIANCE requests. a. The Board of County Commissioners shall hold a public hearing to consider the VARIANCE request. The Board of County Commissioners shall make its decision based on all technical evaluations, all relevant factors, standards specified in this ORDINANCE, any information presented at the public hearing and its interpretation of this ORDINANCE. The concurring unanimous vote of all Board of County Commissioners hearing the case shall be necessary in order to decide in favor of the party making the VARIANCE request of the terms of this ORDINANCE within the FLOODPLAIN or FLOODWAY. b. Per 44CFR 60.6, a VARIANCE request of the terms of this ORDINANCE within the FLOOODPLAIN or FLOODWAY shall not be granted until and unless the Board of County Commissioners has found and determined that: 1. The VARIANCE is the minimum VARIANCE necessary, considering the FLOOD hazard, to afford relief; 2. A showing of good and sufficient cause has been demonstrated by the party requesting the VARIANCE; 3. Failure to grant the VARIANCE would result in exceptional hardship to the party requesting the VARIANCE; 4. A VARIANCE granted for a property in the FLOODWAY would not result in any increase in FLOOD levels during the BASE FLOOD discharge; 5. The granting of a VARIANCE will not result in any increased FLOOD heights during a 100 -YEAR FLOOD event, additional threats to public safety or extraordinary public expense, the creation of nuisances, fraud or victimization of the public, or conflict with existing local laws or regulations. 6. VARIANCES may be granted for one or more of the following reasons: i. VARIANCES may be granted for NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS to be erected on a LOT of one-half (%) acre or less in size contiguous to and surrounded by LOTS with existing STRUCTURES constructed below the base level, provided that the material required has been fully considered. As the LOT size increases beyond one-half ('/) acre, the technical justifications required for issuing the VARIANCE will increase; ii. VARIANCES may be granted for the reconstruction, rehabilitation or restoration of STRUCTURES listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth above; iii. VARIANCES may be granted for NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS, and other DEVELOPMENT necessary for the conduction of a functionally dependent USE provided that: a. All the criteria listed above is met, and b. The STRUCTURE or other DEVELOPMENT is protected by methods that minimize FLOOD damages during the BASE FLOOD and create no additional threats to public safety. 7. Upon consideration of the factors noted above in conjunction with the purpose and objectives of this ORDINANCE, the Board of County Commissioners may attach such conditions to the granting of VARIANCES as it deems necessary to further the purpose and objectives of this ORDINANCE. Division 6 Violations and Penalties Sec. 8-13-290. VIOLATIONS and penalties. The COUNTY, through the Department of Public Works or other departments so authorized, may enforce this ORDINANCE through methods included in this ORDINANCE or through other methods adopted by the Board of County Commissioners. The methods provided in this ORDINANCE for violations and penalties are authorized by § 30-28-124, and § 30-28-124.5, C.R.S. Sec. 8-13-300. Criminal penalties. A. It is unlawful to erect, construct, reconstruct or alter any BUILDING or STRUCTURE in violation of any provision of this ORDINANCE. Any person, firm or corporation violating any provision of this ORDINANCE is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the COUNTY jail for not more than ten (10) days, or by both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction or alteration continues shall be deemed a separate offense. B. It is unlawful to USE any BUILDING, STRUCTURE or land in violation of any provision of this ORDINANCE. Any person, firm or corporation violating any provision of this ORDINANCE is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the COUNTY jail for not more than ten (10) days, or by both such fine and imprisonment. Each day during which such illegal USE of any BUILDING, STRUCTURE or land continues shall be deemed a separate offense. C. Whenever the Department of Public Works, through one (1) of its employees, has personal knowledge of any VIOLATION of this ORDINANCE, it shall give written notice to the violator to correct such VIOLATION within ten (10) days after the date of such notice. Should the violator fail to correct the VIOLATION within such ten-day period, the Department of Public Works may request that the Weld County Sheriff's Office issue a summons and complaint to the violator, stating the nature of the VIOLATION with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge. One (1) copy of said summons and complaint shall be served upon the violator by the Sheriff's Office in the manner provided by law for the service of a criminal summons. One (1) copy each shall be retained by the Sheriff's Office and the Department of Public Works and one (1) copy shall be transmitted to the Clerk of the Court. D. It is the responsibility of the County Attorney to enforce the provisions of this Section. In the event the Board of County Commissioners deems it appropriate, the Board of County Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the County Attorney. Sec. 8-13-310. Equitable relief in civil action. In case any DEVELOPMENT, BUILDING or STRUCTURE is or is proposed to be erected, constructed, reconstructed, altered or USED, or any land is or is proposed to be USED, in VIOLATION of any provision of this ORDINANCE, the County Attorney, or where the Board of County Commissioners deems it appropriate, the District Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or USE. Sec. 8-13-320. Civil penalties. A. It is unlawful to erect, construct, reconstruct, alter, or USE any BUILDING, STRUCTURE, or land in violation of this ORDINANCE. In addition to any penalties imposed pursuant to Weld County Code Sections 8-13-300 and 8-13-310 above, any person, firm or corporation violating any such regulation, provision or amendment thereof or any provision of this ORDINANCE may be subject to the imposition, by order of the COUNTY Court, of a civil penalty in an amount of not less than two -hundred and fifty dollars ($250.00) nor more than five -hundred dollars ($500.00). It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this Subsection, the remedies set forth above, or any combination of the three. Each day after the issuance of the order of the COUNTY Court during which such unlawful activity continues shall be deemed a separate VIOLATION and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to exceed fifty dollars ($50.00) for each such day. Until paid, any civil penalty ordered by the COUNTY Court and assessed under this Subsection shall, as of recording, be a lien against the property on which the violation has been found to exist. In case the assessment is not paid within thirty (30) days, it may be certified by the County Attorney to the County Treasurer, who shall collect the assessment, together with a ten -percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of the State for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this Subsection. Any lien placed against the property pursuant to this Subsection shall be recorded with the County Clerk and Recorder. B. In the event any BUILDING, or STRUCTURE is erected, constructed, reconstructed, altered or USED, or any land is USED in VIOLATION of this ORDINANCE, the County Attorney, in addition to other remedies provided by law, may commence a civil action in County Court for the COUNTY, seeking the imposition of a civil penalty in accordance with the provisions of this Section. C. The Department of Public Works, through one (1) of its employees, shall, upon personal information and belief that a VIOLATION of any regulation or provision of this ORDINANCE, give written notice to the violator to correct such VIOLATION within ten (10) days after the date of such notice. If the violator fails to correct the VIOLATION within such ten-day period or within any extension period granted by the Department of Public Works, the Department of Public Works may request that the County Sheriff or the County Attorney issue a summons and complaint to the violator, stating the nature of the VIOLATION with sufficient particularity to give notice of such charge to the violator. D. One (1) copy of the summons and complaint issued pursuant to Subsection C above shall be served upon the violator in the manner provided by law for the service of a County Court civil summons and complaint in accordance with the Colorado Rules of County Court Civil Procedure. The summons and complaint shall also be filed with the Clerk of the County Court and thereafter the action shall proceed in accordance with the Colorado Rules of County Court Civil Procedure. E. If the County Court finds, by a preponderance of the evidence, that a VIOLATION of any regulation or provision of this ORDINANCE has occurred, the Court shall order the violator to pay a civil penalty in an amount allowed pursuant to Subsection A above. Such penalty shall be payable immediately by the violator to the County Treasurer. In the event that the alleged VIOLATION has been cured or otherwise removed at least five (5) days prior to the appearance date in the summons, then the County Attorney shall so inform the Court and request that the action be dismissed without fine or appearance of the defendant. F. Upon the filing with the Court of a receipt issued by the County Treasurer showing payment in full of a civil penalty assessed pursuant to this Section and upon the filing of an affidavit of the Department of Public Works that the VIOLATION has been cured, removed or corrected, the Court shall dismiss the action and issue a satisfaction in full of the judgment so entered. G. If a receipt showing full payment of the civil penalty or the affidavit required by Subsection F above is not filed, the action shall continue and the Court shall retain jurisdiction to impose an additional penalty against the violator in the amount specified in Subsection A of this Section. Such additional penalty shall be imposed by the Court upon motion filed by the COUNTY and proof that the VIOLATION has not been cured, removed or corrected. Thereafter, the action shall continue the penalty and any additional penalties so assessed and the filing of an affidavit of the Department of Public Works that the VIOLATION has been cured, removed or corrected. Sec. 8-13-330. Relationship to other ordinances. The Department of Planning and Building shall withhold issuance of Building Permits if the erection, construction, reconstruction, alteration, or USE of the property does not conform to the terms set forth in this ORDINANCE. Repeal the following in its entirety: CHAPTER 23 ARTICLE II Procedures and Permits Division 6 Flood Hazard Development Permit Repeal the following in its entirety: Chapter 23 Zoning Division 3 Flood Hazard Overlay District Amend Sec. 23-6-10. Powers and duties. A and B - No change. C. The Board of Adjustment has the power to hear and decide appeals for variance from the terms of this Chapter or Chapters 26 and 27 of this Code as Chapters 26 and 27 are applied to individual LOTS or parcels. Appeals for variance may be brought to the Board of Adjustment when, because of special conditions relating to the subject land, a literal enforcement of the provisions of this Chapter and Chapters 26 and 27 of this Code would result in unnecessary hardship to the appellant. 1 through 6 - No change. Delete #7 Remainder of Section - No change. Delete Sec. 23-6-50. Appeals for variance within Flood Hazard Overlay District. CHAPTER 30 Sewage Systems Amend Sec. 30-1-30. Definitions, to read as follows: The following definitions shall apply in the interpretation and enforcement of this Chapter. The word shall, as used herein, indicates a mandatory requirement. Floodway means that area of the floodplain in which the channel of the watercourse and those portions of the adjoining floodplain which must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one-half foot (6 inches) at any point or as designated by the Federal Emergency Management Agency or National Flood Insurance Program. In the absence of FEMA/NFIP maps, a Colorado -registered professional engineer shall certify the floodway elevation and location. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2013-10 published above, was introduced and, on motion duly made and seconded, approved upon first reading on October 2, 2013. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on October 21, 2013. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. SECOND READING: October 21, 2013, at 9:00 a.m. THIRD READING: November 6, 2013, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 4, 2013 PUBLISHED: October 9, 2013, in the Greeley Tribune A ffidavit of Publication STATE OF COLORADO County of Weld, I Desirea Larson ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Ninth day of October A.D. 2013 and the last publication thereof: in the issue of said newspaper bearing the date of the Ninth day of October A.D. 2013 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. October 9, 2013 Total Charges: $532.c0 9th day of O�tob 1->2S13 My Commission Expires 6/14/2017 Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14, 2017 Wednesday. Oct 9, 3013 TRIBUNE B9 CODE ORDINANCE 3013-10 w'�[!n'c��°nom •awo. nTOVPMEC ,=Mb— iem .m .'u.� s—'e,.mom �marwnoawnv .m a..N...xue m m vmwn w. m a.ra mmp u mrvx .,e ;: ittinriairir:air4Inis"rn. ri ,urnwn amx. m...x.,.n,aiaewrl- �o-ftr•(ib bo 7 amwwmaxa�iim xur m mommen„O,or.O.r....aa......�...,.m,1, rotr.am., „�wm» my,�4:� x"'1 a1^a,..,xm.,.� F 7""F!"5.4[47:1 _.,.-kDOO i --,;....�.. trc,.nr.°r sFua ElMar *MANN M SPECIAL FLOOD HAW° AMA_ .;. .m.a„ "a ..., .m..mx.' P.ji•LaraIrp•Lnr27:4te":19= at" mr.inm. em." .maa.mm. m.. ...„. -,'"%t!„,17.10.70.:,— a.= oa� mi. mob MN raxrv.°am w.esm _ _ 2 [r 7076 =Ward tirrhrmn • • SP EMU- FLOOD MEMO AMA Mamma., STATT .ra"^v tso^ww-:pr,µa Mm SIMXTVRE: MM..; AM is btat bonsinaMommMd m balm ca. bulb, al No- BIB TRIBUNE Wednesday. BR 9.1013 haT • aeww a°Tai.°°.nw°r.w.rtx°°w.. ohm orktab. Mat G0LESL. WO Mari man.. Mal Mal NMI 3 Mr., L.rmaar, 1. ac awe 2'"'"11147.4174=:1 tfttailitina .m."...,.,v".a...or.r.o."En,."" ..,,.r.00°i...,. ....m9r'°r,rnwrl. s....u..."..s.sin. z.:E"aCE.sr°: � w...mN. .. r..aor1S n"' aars pc Narita tIL7L74-tr.' rcawk Eta. 0,0000 constAucnoNandeuesa •N war meal cacula Lamar comma L.M. • %ORME 6:74 171d:r.Ed7:1;caTairi;001111CCI.Z=77 . =Tar"' r. COY cc. cor Ca• Ma6LawWO". D at°.;....7,17,1 LEVEE! comma ay .3bt =par= he ... EVEESwOa W_ ,,.". T.at1. r.6° Wednesday, Oct 9, 2013 TRIBUNE E11 SEFORE TIE OIL AND GAS BEFORE THE OIL AND OAS NSERVATON COMMISSION CONSERVATION COMMISSION OF THE STATE OF COLORADO OF TIE STATE OF COLORADO Imo F;ScRgiEriEfE,Oi.164; ON. WELD COUNT( COLORADO WELD COLA... [CLOW. ado and u.r.nw.xE;;=; BEFORE114E OIL AND GAS CONSERVATON COMMISSION OF THE STATE OF COLORADO 5. BEFORE THE AND GAS CONI CONSERVATIONCOMMISSION OF TIE STATE OF COLORADO "ra:ran Na .».0 v. s. 10 Ca. Mk Ns nale...n.dnen.lh.nlin nomakidwaltapidr• ..�I.o .,,f TO CATS ssry OaeF'e .,..�S MNaxcmunm'TSane Etna" ST" r"1OI,..R 50 w+wR oF .Io O2 "" II&"r,"Lq°",. ,.,.,a. m....a.• v,1o6:, w;S.,.,..,.......r..".t. .mB.=n....... AND GAS [DNSMYATICH LOYIISSION EJF ME STATE 0, DOIORMO Fmk Yew, ,x NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. The complete case file may be examined by calling the Department of Planning Services at (970) 353-6100 to make arrangements with the case planner. To ensure inclusion of your E -Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. If a court reporter is desired for this hearing, please advise the Department of Planning Services, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, prior to the day of the hearing. All cases scheduled before the Planning Commission are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services at the number above, for hearing continuance information. DOCKET #: 2013-78 PLANNING COMMISSION DATE: November 5, 2013 TIME: 1:30 p.m. PRESENTED BY: Brad Yatabe REQUEST: Weld County Code Ordinance #2013-10, In the Matter of Repealing and Re -Enacting, with Amendments, Chapter 23 Zoning, and Chapter 8 Public Works, of the Weld County Code. PLANNING COMMISSION WELD COUNTY, COLORADO DATED: October 9, 2013 PUBLISHED: October 14, 2013, in the Greeley Tribune ,??5/3 -a94, Affidavit of Publication NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Wed County Planning Commission in the Hearing Room, Weld County Administration Building, 1150 0 Street, Greeley. Colo- rado, at the times specified below. The complete case file may be examined by calling the Depart- ment of Planning Services at (970) 353-6100 to make arrange- ments with the case planner To ensure inclusion of your E -Mail correspondence Into the case file prior to the Planning Com- mission hearing, please call the Department of Planning Services to obtain theepproprtats contact Information. Ifa court reporter is desired for this hearing, please advise the Department of Planning Services. in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Amen - cans with Disabilities Act, if special accommodations are re- quired in order for you to participate in this hearing, please con• tact the Department of Planning Services at (970) 353 6100 Ext. 3519, prior to the day of the hearing All cases scheduled be- fore the Planning Commission are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Plan- ning Services at the number above, for heenng continuance in- formation. DOCKET 5: 2013.78 PLANNING COMMISSION DATE: November 5, 2013 TIME: 1:30 p.m. PRESENTED BY. Brad Yatabe REQUEST : Weld County Code Ordinance 4,2013-10. In the Maher of Repealing and Re -Enacting with Amendments, Chap- ter 23 Zoning, and Chapter 8 Public Works, of the Weld County Code PLANNING COMMISSION WELD COUNTY. COI ORADO DATED' October 9. 2013 The Tribune October 14, 2013 STAT E OF COLORADO County of Weld, 1 Desirea Larson SS, of said County of Weld, being duly sworn, say that f am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Fourteenth day of October A -D. 2013 and the last publication thereof: in the issue of said newspaper bearing the date of the Fourteenth day of October A.D. 2013 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. �v•• 'ARV '.� 3 W: T'• • ,r : kit. • • PI 1 J\ -\G • 01% 'f October 14, 2013 Total Charges: S8.28 14th day of Octo My Commission Expires 2/14/2015 ry Public Hello