HomeMy WebLinkAbout871760.tiff AR211$646
EMERGENCY ORDINANCE NO. 89-L
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IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF CO H
CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO
ORDINANCE NO. 89 , WELD COUNTY ZONING ORDINANCE, AS CURRENTLY
AMENDED, REVISING AND ADDING CERTAIN PROCEDURES, TERMS, AND [
REQUIREMENTS, AND FINDING THAT AN EMERGENCY EXISTS rCo
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD Z
COUNTY, COLORADO: PI
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WHEREAS , the Board of County Commissioners of Weld County, C rn
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the y o
affairs of Weld County, Colorado, and. H n
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WHEREAS, the Board of County Commissioners has the power n co
and authority under the Weld County Home Rule Charter and State
Statute, including Article 28 of Title 30 , CRS , to adopt zoning
regulations for the unincorporated areas of the County of Weld, N
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WHEREAS, the Board of County Commissioners of Weld County,
Colorado, has previously adopted Ordinance No. 89 , Weld County 0
Zoning Ordinance, establishing a comprehensive revision of the d
zoning regulations and zoning maps for the unincorporated areas
of the County of Weld, and has adopted amendments in Ordinances
89-A through 89-K, and tO o
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WHEREAS , said Ordinance No. 89 , as amended, is in need of t7
revision and clarification with regard to procedures , terms , and p r
requirements therein, and
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WHEREAS, the Federal Emergency Management Agency, as a Q °
condition of continued eligibility for participation in the
National Flood Insurance Program, is requiring local communities
to revise their floodplain management regulations to make them
consistent with revised Federal regulations, and
WHEREAS , said revision is necessary in order for Weld
County to remain eligible for the sale of flood insurance, to
provide its citizens with flood insurance at reduced premiums ,
and continue to participate in the National Flood Insurance
Program.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Weld County, Colorado, that certain existing
sections of said Ordinance No. 89 , as amended, are repealed and
re-enacted, with amendments , and that various sections are added
or revised to read as follows:
1171760
ORD089L
Page 2
RE: ORDINANCE #89-L
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Add a new definition for APPEAL to read: N r
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APPEAL: The request for a review of the County' s z7
interpretation of any provision of this Ordinance
or a request for a variance. �c
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Add a new definition for AREA OF SPECIAL FLOOD HAZARD to read: Z
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AREA OF SPECIAL FLOOD HAZARD: See INTERMEDIATE m m
REGIONAL FLOOD definition. C m
Add a new definition for CRITICAL FEATURE to read: m• r
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CRITICAL FEATURE: An integral and readily z m
identifiable part of a FLOOD protection system,
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without which the FLOOD protection provided by r -1
the entire system would be compromised.
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Add a new definition for FLOOD INSURANCE RATE MAP (FIRM) to � ••
read: Pi 1/40
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FLOOD INSURANCE RATE MAP (FIRM) : The official z
map on which the Federal Emergency Management ty
Agency has delineated both the AREAS OF SPECIAL
FLOOD HAZARDS and the risk premium zones
applicable to the community. • o
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Add a new definition for FLOOD INSURANCE STUDY to read:
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FLOOD INSURANCE STUDY: The official report
provided by the Federal Emergency Management n o
Agency that includes FLOOD profiles , the FLOOD Om
Boundary-FLOODWAY Map, and the water surface
elevation of the BASE FLOOD.
Delete the existing definition for JUNK YARD.
Add a new definition for LEVEE to read:
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.
Add a new definition for LEVEE SYSTEM to read:
LEVEE SYSTEM: A FLOOD protection system which
consists of a LEVEE or LEVEES and associated
STRUCTURES , such as closure and drainage devices,
ORD089L
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RE: ORDINANCE #89-L Ft to
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which are constructed and operated in accordance u)
with sound engineering practices.
Amend the definition for LOWEST FLOOR to read: n n
LOWEST FLOOR: The LOWEST FLOOR elevation of z
STRUCTURES without a BASEMENT shall be considered Z -
to be the elevation, above mean sea level, of the rn
top of the foundation of the STRUCTURE. The c rn
LOWEST FLOOR elevation of STRUCTURES with a
BASEMENT shall be considered to be the elevation, w
above mean sea level, of the floor of the I-3
BASEMENT of the STRUCTURE. The LOWEST FLOOR ~
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elevation of a MOBILE HOME shall be considered to
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be the elevation, above mean sea level, of the r
top of the MOBILE HOME PAD.
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Add a new definition for MANUFACTURED HOME to read:
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MANUFACTURED HOME: (This definition applies only
to MANUFACTURED HOME when used in the 8
administration of a Flood Hazard Overlay District
Development permit or the Flood Hazard Overlay m«
District. ) A STRUCTURE transportable in one or o
more sections , which is built on a permanent o
chassis and is designed for USE with or without a
permanent foundation when connected to the
required utilities . This term also includes park W
trailers, travel trailers and other similar
vehicles placed on a site for greater than 180 n
consecutive days . n m
Add a new definition for MANUFACTURED HOME PARK OR SUBDIVISION
to read:
MANUFACTURED HOME PARK OR SUBDIVISION: (This
definition applies only to MANUFACTURED HOME PARK
OR SUBDIVISION when used in the administration of
a Flood Hazard Overlay District Development
permit or the Flood Hazard Overlay District. ) A
parcel (or contiguous parcels) of land divided
into two or more MANUFACTURED HOME lots for rent
or sale .
Add a new definition for MEAN SEA LEVEL TO READ:
MEAN SEA LEVEL: For purposes of the National
Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1929 or other datum, to
which BASE FLOOD elevations shown on a
ORD089L
Page 4
RE: ORDINANCE #89-L
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community' s FLOOD INSURANCE RATE MAP are ° r
referenced. o
Amend the definition for MOBILE HOME PAD to read:
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MOBILE HOME PAD „ The concrete base, footing, or tC o
blocking which is set on or in level soil to
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provide support for the placement of a Mobile
Home. This base , footing, or blocking may en
consist of separate concrete blocks or a single tai'
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concrete slab as described in Sections 20 . 9 . 1 to
through 20 .9 . 1 .5 of the Weld County Building Code
Ordinance. y o
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Add a new definition for NEW CONSTRUCTION to read: z
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NEW CONSTRUCTION: STRUCTURES for which the START
OF CONSTRUCTION commenced on or after the
effective date of this Ordinance. U'
Add a new definition for PROGRAM DEFICIENCY to read: 1°
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PROGRAM DEFICIENCY: (This definition applies
only to PROGRAM DEFICIENCY when used in the
administration of a Flood Hazard Overlay District
Development permit or the Flood Hazard Overlay £ o
District. ) A defect in a community' s FLOOD PLAIN tt0
management regulations or administrative
procedures that impairs effective implementation
of those FLOOD PLAIN management regulations or of O a
the NFIP standards in Sections 60 .3 , 60 .4 , 60 . 5 , o
or 60 .6 . o al
Add a new definition for REMEDY A VIOLATION to read:
REMEDY A VIOLATION: (This definition applies
only to REMEDY A VIOLATION when used in the
administration of a Flood Hazard Overlay District
Development permit or the Flood Hazard Overlay
District) . To bring the STRUCTURE or other
DEVELOPMENT into compliance with State or local
FLOOD PLAIN management regulations , or, if this
is not possible, to reduce the impacts of its
noncompliance . Ways that impacts may be reduced
include protecting the STRUCTURE or other
affected DEVELOPMENT from FLOOD damages,
implementing the enforcement provisions of the
ordinance or otherwise deterring future similar
violations , or reducing Federal financial
exposure with regard to the STRUCTURE or other
DEVELOPMENT.
ORD089L
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RE : ORDINANCE #89-L
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Add a new definition for START OF CONSTRUCTION to read: m
START OF CONSTRUCTION: (This definition applies
only to START OF CONSTRUCTION when used in the m
administration of a Flood Hazard Overlay District o
Development permit or the Flood Hazard Overlay z N
District. ) Includes SUBSTANTIAL IMPROVEMENT, and Z E
means the date the building permit was issued, rn
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provided the actual START OF CONSTRUCTION, rn
repair, reconstruction, placement, or other
improvement was within 180 days of- the permit m
date. The actual start means the first placement tH,yo
of permanent construction of a STRUCTURE on a z N
site, such as the pouring of slab or footings,
the installation of piles , the construction of r °°
columns , or any work beyond the stage of
excavation; or the placement of a MANUFACTURED x r
HOME on a foundation. Permanent construction
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does not include land preparation , such as a
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clearing, grading and filling; nor does it
include the installation of STREETS and/or n
walkways; nor does it include excavation for a d
basement, footings , piers , or foundations or the pyre
erection of TEMPORARY forms; nor does it include 7J 0)
the installation on the property of ACCESSORY o0
BUILDINGS, such as garages or sheds not occupied
as DWELLING UNITS or not part of the main O
STRUCTURE. C
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Amend the definition for SUBSTANTIAL IMPROVEMENT by adding the n
following material at the end of the existing text: o rn
The term does not , however, include either: 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
any alteration of a STRUCTURE listed on the
National Register of Historic Places or a State
Inventory of Historic Places .
Add a new definition for VARIANCE to read:
VARIANCE: (This definition applies only to
VARIANCE when used in the administration of a
Flood Hazard Overlay District Development permit
or the Flood Hazard Overlay District. ) A grant
of relief from the requirements of this Ordinance
which permits construction in a manner that would
otherwise be prohibited by this Ordinance .
ORD089L
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RE: ORDINANCE #89-L
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Add a new definition for VIOLATION to read: o r
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VIOLATION: (This definition applies only to m a
VIOLATION when used in the administration of a
Flood Hazard Overlay District Development permit w n
or the Flood Hazard Overlay District. ) The
failure of a STRUCTURE or other DEVELOPMENT to be oN
fully compliant with the community' s FLOOD PLAIN z
management regulations . A STRUCTURE or other
DEVELOPMENT without the elevation certificate , t
other certifications , or other evidence of
compliance required in NFIP standards § z
60 . 3 (b) (5) , (c) (4) , (c) (10) , (d) (3) , (e) (2) , m
(e) (4) , or (e) (5) is presumed to be in VIOLATION
until such time as that documentation is provided zra
to show otherwise.
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Amend the definition for WATER SURFACE ELEVATION to read:
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WATER SURFACE ELEVATION: The height, in relation RI "
to the National Geodetic Vertical Datum (NGVD) of a
1929 , or other datum, where specified of an
INTERMEDIATE REGIONAL FLOOD or FLOODS of various O
magnitudes and frequencies in the FLOOD PLAINS of O
coastal or riverline areas .
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Amend Section 26 .3 .1 by adding the following sentence at the o
beginning of the existing text:
The Department of Planning Services shall review p o
the Flood Hazard Overlay District Development A.
Permits to determine that all necessary permits n
have been obtained from Federal, State , or local Q °
governmental agencies from which prior approval
is required.
Add a new Section 26 . 3 .6 to read:
26 .3 . 6 The Department of Planning Services shall obtain
and record the actual elevation, in relation to
mean sea level, of the LOWEST FLOOR of all new or
SUBSTANTIALLY IMPROVED STRUCTURES.
26 . 3 . 6 . 1 For all new or SUBSTANTIALLY IMPROVED
flood-proofed STRUCTURES .
26 . 3 . 6 . 1 . 1 Verify and record the actual elevation, in
relation to mean sea level, to which the
STRUCTURE has been flood-proofed.
ORD089L
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RE: ORDINANCE #89-L
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26 . 3 . 6 . 1 . 2 Maintain the elevation and flood-proofing
certifications required in Section 20 . 11 . 9 of the
Weld County Building Code Ordinance. co ---1
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Add a new Section 26 .3 . 7 to read:
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26 .3 . 7 Maintain for public inspection all records
pertaining to the provisions of this Section.
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Add a new Section 26 . 3 .8 to read: °J
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26. 3 . 8 When the BASE FLOOD WATER SURFACE ELEVATION data
has not been provided in accordance with Section
26 . 5 . 1 . 5 of this Ordinance, the Department of
Planning Services may obtain, review, and z N
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reasonably utilize any BASE FLOOD WATER SURFACE
ELEVATION data available from a Federal, State, nco
or other source, as criteria for reviewing the
Flood Hazard Overlay District Development permit N -.
application.
Amend Section 26 .4 . 6 to read:
No encroachments, including fill, NEW
CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS , and other tyt,
DEVELOPMENT shall be permitted unless M •
certification by a registered professional E o
engineer or architect is provided demonstrating r
that encroachments shall not result in any O
increase in FLOOD levels during the occurrence of n
an INTERMEDIATE REGIONAL FLOOD.
Amend Section 26 .5 . 1 . 7 to read: o a
A plot plan which shows the location, shape,
exterior dimensions and distance from LOT or
property lines of each existing or proposed
STRUCTURE.
Amend Section 26 .5 . 1 . 9 to read:
Any fill, storage of materials, and drainage
facilities located on the property.
Add new Section 26 . 5 . 1 . 10 to read:
26 .5 . 1 . 10 Any other relevant information which may be
required by the Department of Planning Services .
Add a new Section 29 . 5 to read:
ORD089L
Page 8
RE: ORDINANCE #89-L
29 . 5 The fee for the Hazardous Waste Disposal Site j w
established by the Board of County Commissioners o
may be refunded in whole or in part by decision ry
of the Board of County Commissioners . The amount co a
of the refund, if any, shall be determined, in
part, based upon the cost incurred by the County c=11
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in reviewing the application and shall include,
but not be limited to, outside consultant work,
staff time, and state and local agency fees. z -
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Add a new Section 31 . 5 .2 . 1 to read: 'n rn
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31 .5 .2 . 1 Fences over six feet in height are not required
to comply with the minimum SETBACK and may be y o
located on the property line. Fences located on
corner lots abutting public rights-of-way shall z
not obstruct the view of vehicular traffic at an
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intersection. r
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Add a new Section 31 . 5 .3 . 1 to read:
31 .5 .3 . 1 Fences over six feet in height are not required a
to comply with the minimum OFFSET and may be
located on the property line. o
Add a new Section 53 . 2 .8 to read: n u
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53 .2 . 8 Help maintain a stable tax base by providing for o0
the sound USE and DEVELOPMENT of AREAS OF SPECIAL
FLOOD HAZARD so as to minimize future FLOOD
blight areas; o
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Add a new Section 53 .2 . 9 to read: ` o
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53 . 2 . 9 Ensure that potential buyers are notified that
property is in an AREA OF SPECIAL FLOOD HAZARD.
Add a new Section 53 . 2 . 10 to read:
53 .2 . 10 In order to accomplish its purposes , this
Ordinance includes methods and provisions for:
Add a new Section 53 . 2 . 10 . 1 to read:
53 . 2 . 10 . 1 Restricting or prohibiting USES which are
dangerous to health, safety, and property due to
water or erosion hazards , or which result in
damaging increases in erosion or in FLOOD heights
or velocities;
Add a new Section 53 .2 . 10 . 2 to read:
ORD089L
Page 9
RE: ORDINANCE #89-L
53 . 2 . 10 . 2 Requiring that USES vulnerable to FLOODS,
including facilities which serve such USES , be
protected against FLOOD damage at the time of o 1-1
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initial construction; m
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Add a new Section 53 .2 . 10 .3 to read:
53 . 2 . 10 . 3 Controlling the alteration of natural FLOOD
PLAINS , stream channels , and natural protective Z NJ
barriers, which help accommodate or channel FLOOD z r
waters; � o,
Add a new Section 53 .2 .10 . 4 to read:
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53 . 2 . 10 .4 Controlling filling, grading, dredging, and other S O
DEVELOPMENT which may increase FLOOD damage; and H N
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Add a new Section 53 . 2 . 10 .5 to read: n m
53 .2 . 10 .5 Preventing or regulating the construction of
FLOOD barriers which will unnaturally divert O
FLOOD waters or which may increase FLOOD hazards a
in other areas. X 1/4O
Amend Section 53 . 4 .1 and 53 . 4 . 2 by adding the following material X
at the end of the existing text: tt
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These maps were developed using the Flood E o
Insurance Study for Weld County, September, 1982 , m O
prepared by the Federal Emergency Management a
Agency. The official Weld County Flood Hazard
Overlay District Zoning Maps correspond to the 0
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Flood Insurance Rate Maps included in the O
Flood Insurance Study for Weld County. np o,
Amend Section 53 . 6 to read:
FW (Floodway) District. The FW (Floodway)
District is an extremely hazardous area due to
the velocity of FLOOD waters which carry debris ,
potential projectiles , and erosion potential .
Amend Section 53 . 6 . 1 . 4 to read:
No encroachments, including fill, NEW
CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS , and other
DEVELOPMENT shall be permitted unless
certification by a registered professional
engineer or architect is provided demonstrating
that encroachments shall not result in any
ORD089L
Page 10
RE: ORDINANCE #89-L
increase in FLOOD levels during the occurrence of
an INTERMEDIATE REGIONAL FLOOD. m
Amend Sections 53 . 6. 1 . 6 and 53 . 7 . 1 . 6 to read:
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All new or replacement sanitary sewer treatment
systems , including Individual Sewage Disposal gi
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Systems , shall be designed and built to prevent
inundation or infiltration of floodwater into
such systems and to prevent discharges from such z
systems into the floodwaters of an INTERMEDIATE z00
REGIONAL FLOOD. ai
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Add new Sections 53 . 6 . 1 . 8 and 53 . 7. 1 . 7 to read:
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For all NEW CONSTRUCTION and SUBSTANTIAL m 0
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IMPROVEMENTS, fully enclosed areas below the zM
LOWEST FLOOR that are subject to flooding shall n
be designed to automatically equalize hydrostatic t,
FLOOD forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified Q, ..
by a registered professional engineer or a
architect or must meet or exceed the following n
minimum criteria: A minimum of two openings p
having a total net area of not less than one o
square inch for every square foot of enclosed v
area subject to flooding shall be provided. The
bottom of all openings shall be no higher than O
one foot above grade . Openings may be equipped
with screens, louvers, or other coverings or
devices provided that they permit the automatic nn 0
entry and exit of floodwaters.
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Add new Sections 53 . 6 . 1 . 9 and 53 . 7 . 1 . 8 to read: oO1
Electrical, heating, ventilation, plumbing, and
air-conditioning equipment and other service
facilities shall be designed and/or located so
as to prevent water from entering or accumulating
within the components during conditions of
flooding.
Add new Sections 53 . 6 . 1 . 10 and 53 . 7 . 1 . 9 to read:
All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS
shall be constructed with materials and utility
equipment resistant to FLOOD damage.
Add new Section 53 . 6 . 1 . 11 and 53 . 7 . 1 . 10 to read:
ORD089L
Page 11
RE: ORDINANCE #89-L
All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS
shall be constructed using methods and practices n
that minimize FLOOD damage. o H
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Add new Sections 53 . 6 . 1 . 12 and 53 . 7 . 1 . 11 to read:
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All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS
shall be anchored to prevent flotation, collapse
or lateral movement of the STRUCTURE and to Z
withstand hydrodynamic loads. • m
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Add new Sections 53 . 6 . 1 . 13 and 53 . 7 . 1 . 12 to read: 0
All MANUFACTURED HOMES shall be elevated and co ~
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anchored to resist flotation, collapse or lateral tri
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movement. MANUFACTURED HOMES shall be anchored z
in accordance with Sections 20 . 10 .2 throughn co
20 . 10 .2 . 4 of the Weld County Building Code r
Ordinance.
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Add new Sections 53 . 6 . 1 . 14 and 53 . 7 . 1 . 13 to read: sr. "
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All MOBILE HOMES shall be elevated and anchored
to resist flotation, collapse or lateral O
movement. MOBILE HOMES shall be anchored in
accordance with Sections 20 .9. 2 through 20 .9 . 2 . 6
of the Weld County Building Code Ordinance.
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Add a new Section 62 . 4 to read:
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62 .4 Appeals for Variance Within the Flood Hazard n
Overlay District. Appeals to the Board of
Adjustment brought pursuant to Section 61 .3 shall n
be made and processed as set forth below: O rn
62 .4 . 1 Application Requirements: Appeals for variance
in the application of specific terms or
requirements in the Weld County Zoning Ordinance
shall be made in written form according to the
following:
62 .4 . 1 . 1 An application for appeal for variance on the
form as prescribed and furnished by the
Department of Planning Services.
62 .4 . 1 .2 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 al]. existing and
ORD089L
Page 12
RE: ORDINANCE #89-L
proposed STRUCTURES; elevations of the area in
question; and any fill, storage of materials , and
drainage facilities .
62 . 4 .1 .3 A copy of a deed, purchase contract, or other Ito
legal instrument indicating that the applicant o H
has interest in the property. The deed, purchase
contract, or legal instrument should include a ^' a
complete and accurate legal description of the :Ti
property. n
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62 .4 . 1 .4 A statement that demonstrates how the danger of N
materials being swept into other lands causing z
injury to others will be minimized or mitigated. co
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62 . 4 . 1 . 5 A statement that demonstrates how the danger to c a)
life and property due to flooding or erosion X
damage will be minimized or mitigated. s o
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62 .4 . 1 .6 A statement that demonstrates how the z
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susceptibility of the proposed facility and its nco
contents to FLOOD damage and the effect of such rt
damage on the individual owner will be minimized x H
or mitigated.
62 .4 . 1 . 7 Evidence that demonstrates the importance of the X
services provided by the proposed facility to the n
community, where applicable. O
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62 .4 . 1 . 8 Evidence that demonstrates the necessity to the X0
facility of a waterfront location, where Z o
applicable. o
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62 .4 . 1 . 9 Evidence that demonstrates the availability of ni
alternative locations, for the proposed USE which on)
are not subject to flooding or erosion damage o
were investigated. nn rn
62 .4 . 1 . 10 A statement that demonstrates the compatibility
of the proposed USE with the existing and
anticipated development.
62 .4 . 1 . 11 A statement that demonstrates the relationship of
the proposed USE to the comprehensive plan and
FLOOD PLAIN management program for the area.
62 .4 . 1 . 12 A statement that demonstrates the safety of
access to the property at times of FLOOD for
ordinary and emergency vehicles .
ORD089L
Page 13
RE: ORDINANCE 489-L
62 .4 . 1 . 13 Evidence that demonstrates what the expected
heights , velocity, duration, rate of rise and
transport of the FLOOD waters and the effects of m
wave action, if applicable , expected at the site o r
will be. `J I-
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62 .4 . 1 . 14 A statement that demonstrates how the costs of �y
providing governmental services during and after • n
FLOOD conditions, including maintenance and K
repair of public utilities and facilities such as O
sewer, gas, electrical, and water systems , z• i'
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streets and bridges will be minimized or m
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mitigated. c ,a.
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62 .4 . 1 . 15 Evidence that demonstrates that the variance M
requested is the minimum variance necessary, y o
considering the FLOOD Hazard, to afford relief. t
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62 .4 .1 . 16 A certified list of the names , addresses, and the • m
corresponding Parcel Identification Number b
assigned by the Weld County Assessor of the xy
owners of the property (the surface estate) x m
within five hundred (500) feet of the property
subject to the application. The source of such m 1/4O
list shall be the records of the Weld County n
Assessor, or an ownership update from a title or O
abstract company or attorney, derived from such o
records , or from the records of the Weld County w o
Clerk and Recorder. If the list was assembled o
from the records of the Weld County Assessor, the m o
applicant shall certify that such list was d
assembled within thirty (30) days of the
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application submission date . OW
62 . 4 . 1 .17 Any other information determined to be necessary no
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by the Board of Adjustment that will aid the
Board of Adjustment in making a decision which
will not impair the intent and purpose of the
Zoning Ordinance.
62 .4 . 2 Duties of the Department of Planning Services .
62 .4 .2 . 1 The Department of Planning Services shall review
the application and determine that it is complete
before scheduling consideration of the appeal for
the variance by the Board of Adjustment.
62 . 4 .2 . 2 The Department of Planning Services shall arrange
for publication of notice of the public hearing
to be held by the Board of Adjustment once in the
newspaper designated by the Board of County
ORD089L
Page 14
RE: ORDINANCE #89-L
Commissioners for publication of legal notices .
The date of publication shall be at least ten mm
(10) days prior to the scheduled hearing. o F.
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62 .4 .2 .3 The Department of Planning Services shall mail � ,Jn
( first class) , ten (10) days prior to the
scheduled hearing, a notice of the public hearing n
to the owners of the surface estate located
within five hundred (500) feet to the parcel
under consideration for the variance. The z i
Department ' s source of the ownership information z
shall be the application for variance submitted Cn
by the appellant.
62 . 4 . 2 .4 The Department of Planning Services shall review m
the application for consideration of the appeal
and shall prepare comments, for use by the Board z m
of Adjustment, addressing all aspects of the
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appeal, its conformance with sound land USE
planning practices , the effect of granting or
denying the appeal for variance, and its
conformance with the Weld County Comprehensive m ••
Plan and MASTER PLANS of affected municipalities . w 1/40
62 .4 .2 .5 The Department of Planning Services shall p
maintain the records of all appeal actions,
including technical information, and report any tal
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variances to the Federal Emergency Management
Agency.
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62 . 4 .2 . 6 The Department of Planning Services shall give 0
written notice to any appellant to whom a n
variance is granted that the STRUCTURE will be
permitted to be built with a LOWEST FLOOR
elevation below the BASE FLOOD elevation and that Q °'
the cost of FLOOD insurance will be commensurated
with the increased risk resulting from the
reduced LOWEST FLOOR Elevation.
62 . 4 . 3 Duties of the Board of Adjustment. The Board of
Adjustment shall hold a public hearing to
consider the appeal. Seven (7) members of the
Board of Adjustment shall constitute a quorum for
the transaction of business. The Board of
Adjustment shall make its decision based on all
technical evaluations , all relevant factors,
standards specified in other Sections of this
Ordinance, and any information presented at the
public hearing. The concurring vote of six (6)
members of the Board of Adjustment shall be
necessary in order to decide in favor of the
ORD089L
Page 15
RE: ORDINANCE #89-L
appellant on any appeal brought pursuant to the
Weld County Zoning Ordinance .
62 .4 . 3 . 1 An appeal for variance of the terms of the Weld M w
County Zoning Ordinance within the FLOOD Hazard o r
Overlay District shall not be granted until and [..) r
unless the Board of Adjustment has found and N
determined that:
62 .4 .3 . 1 . 1 A showing of good and sufficient cause has been w n
demonstrated by the appellant. 0
z• r
62 .4 .3 . 1 .2 Failure to grant the variance would result in z r
exceptional hardship to the appellant. fro til a
C 0
62 .4 .3 . 1 .3 The granting of a variance will not result in m
increased FLOOD heights , additional threats to o r
public safety, extraordinary public expense, H 0
create nuisances , cause fraud on or victimization H m
zni
of the public, or conflict with existing local
laws or ordinances. n co
r J
62 . 4 .3 . 1 . 4 The reasons set forth in the application and Wxr
testimony justify the granting of the variance, m
and that the variance is the minimum variance a
W Lo
necessary, considering the FLOOD Hazard, to m
afford relief. o
z
O
62 .4 . 3 . 1 .5 The granting of the variance may be for NEW to
CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS to be W
erected on a lot of one half acre or less in size z o
contiguous to and surrounded by lots with r
existing STRUCTURES constructed below the base d
level, providing the material required in n i-
Sections 62 . 4 . 1 .4 through 62 .4 . 1 . 15 has been
fully considered. As the lot size increases 2
beyond one half acre, the technical
o rn
justifications required for issuing the variance
will increase.
62 .4 . 3 . 1 .6 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 in
Section 62 .4 . 1 .
62 . 4 .3 . 1 .7 The granting of the variance will not result in
increased FLOOD levels during an INTERMEDIATE
REGIONAL FLOOD.
ORD089L
Page 16
RE: ORDINANCE #89-L
62 .4 . 3 . 1 .8 The granting of the variance will be in harmony
with the purpose and intent of this Ordinance, m to
and will not be injurious to the NEIGHBORHOOD, or o
otherwise detrimental to the public health, N, H-
safety, or welfare. rn a
If any section, subsection, paragraph, sentence, clause or n
phrase o£ this Ordinance is for any reason held or decided to be ,c
invalid or unconstitutional , such decision shall not affect the 0
validity of the remaining portion. The Board of County z Ha
Commissioners hereby declares that it would have passed the w
Ordinance, and each and every section, subsection, paragraph, m rn
sentence, clause and phrase thereof irrespective of the fact a m
that any one or more sections , subsections, paragraphs,
sentences, clauses , or phrases might be declared to be m o
unconstitutional and invalid. H N
ZN)
BE IT FURTHER ORDAINED that the Board of County n
oo
Commissioners hereby finds and determines the necessity of r -J
promptly enacting this Ordinance No. 89-L constitutes an m
emergency under the provisions of Section 3-14 of the Weld N
County Home Rule Charter. Ir -
The above and foregoing Ordinance No. 89-L was, on motion n
duly made and seconded, adopted by the following vote on the O
21st day of October, A.D. , 1987 .
tii-C4
, , 1 BOARD OF COUNTY COMMISSIONERS W0
ATTEST:. i � �xA� " �"� WELD CO TY COLORADO •
Z tzi o
�: r
rt r
Weld Co tt4y."elgrk 'Qd Recorder
and Cl dte°the Board G do -i.. La y airman n ~'
Om
�Cr‘ //�) EXCUSED n O
C H, -o /, LL C.W. Kirby, Pro-Tem O m
BP-L---. t3YJtrx „ > �7� �
D putty C1ounty C erk K [/C/����zit ���,L��
APPROVED AS TO FORM: Gene R. Brantner' "V
.e o nso
' a::2 J crew �� om
y> 4 f¢'F -C -a,
_
County Attorney "�z]�`� ..;,/,-
�`&
Frank Yeamagichi
Read and Approved: October 22 , 1987
Published: October 29 , 1987 , in the Johnstown Breeze
Effective : October 22 , 1987
ORD089L
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BREEZE• STATE OF COLORADO ) ss
•
COUNTY OF WELD 1
NOTICE OF PUBLIC NEARING 1,Clyde Briggs,do solemnly swear that 1
Docket No. 87-si am publisher of The Johnstown Breeze;
The Board of County Commis- that the same is a weekly newspaper
•
*loners of Weld Chat's'
ounty, Colo- printed, in whole or in part, and published
redo, will conduct a public in the County of Weld, State of Colorado,
hearing at 2:434 P.M., on
the Count 21 ei1987,n and has a general circulation therein; that
Hearing Room, First Floor, Weld said newspaper has been published
County Centennial Center, 915 continuously and uninterruptedly in said
10th t Street, Greeley, Colorado, County of Weld for a period of more than
Weld r the purpose of amending the
County Zoning Ordinance fifty-two consecutive weeks prior to the
as summarized below.
$ ctlon 10 first publication of the annexed legal notice
or advertisement; that said newspaper has
Yard.Deletes the definition of Junk been admitted to the United States mails as
second-class matter under the provisions of
Seatfons 28 and sa the Act of March 3, 1879, or any
Relates to the Flood Hazard amendments thereof, and that said
Overlay Div ett and Flood newspaper is a weekly newspaper duly
Imposing Development Permits
stricter regulations to qualified for publishing legal notices and
maintain compliance with the advertisements within the meaning of the
gram's asal Flood Insurance
The Ferte m■nage pro- laws of the State of Colorado.
Criteria en Federal Emergency
Management Aency is requiring That the annexed legal notice or advertise-
kroal communities' to revise its meet was published in the regular and
ionsPl to management regule-
aons to be consistent with entire issue of every number of said weekly
revised Federal regulatIona newspaper for the period of ► consecu-
[°°ti°" °°° tive insertions; and that the first
Allows the BoardCommissioners of County publication of said notic}• asfin the issuc1t,
for Hazardous to estabgp a fee
[�./... A.D. lb
sposaid newspaper daied`j
Sites.Also provides for the eosrd and that the last publication of said notice
c( county Cd' or to was in the issue of said newspaper dated
confuter refunding portions of
the fee. , A.D. 19
Nations 31.6.4.1 and • In witness wh eof I have he1•euntow yg.et
alsm•1 my hand this ..:f.:2 4 day of ..S.. '.,
Permits fences over six feet in A.D. 19.4.7
height to tbe he Aeted on property
lines . the Agricultural Zone
District.
All persons in any manner r}ublisher
interested in the proposed
amendments to the Weld County
Zoning Ordinance are requested
to attend and be heard.
Materials pertaining to the Subscribed and sworn to before me, a
able amendments are avail-
Notary Public in and for the County of
able for public inspection In the
office of the Clerk to the Board of Weld,State of Colora4ga this ..a'2,,day of
County Commlaslo the hird l• Ge^`St.* .Setter.. A.D. 19.6 -��
• 000-co Hui 5443 /J �,/ lrz' ���J LG--
I, qle 06otota6°*.n.to IL�.C.Il4GlG
Notary Public.
c `a S „co,:e.p43 COV EPs
G toocb PO Ofsskot10-1.
PM. ,40,,..40 oo tkoo
ey M id0;Sy*
My commission riexrrPsJune 1a, 14'9 t
P pan Ep g3/40 8001
oapotY
aed 00.
t96�
ev�. N` t ta. Ice
`
SegtetnOe tamyet9tsece
B� !'e0.— kAttl• J
0
•
•
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BREEZE
STATE OF COLORADO I ss
COUNTY OF WELD I
I,Clyde Briggs, do solemnly swear that I
am publisher of The Johnstown Breeze;
that the same is a weekly newspaper
printed, in whole or in part, and published
in the County of Weld, State of Colorado.
and has a general circulation therein; that
said newspaper has been published
continuously and uninterruptedly in said
County of Weld for a period of more than
fifty-two consecutive weeks prior to the
/ first publication of the annexed legal notice
or advertisement; 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, ur any
amendments thereof, and that said
duly
newspaper is a weekly newspaper
qualified for publishing legal notices and
advertisements within the meaning of the
laws of the State of Colorado.
That the annexed legal notice or advertise-
ment was entre issue opublished
every number of said weekly
newspaper for the period of consecu-
tive insertions; and that the first
publication of said notice was in the issue of
said newspaper dated. . . ......• A.D. in
and that the last publication of said notice
was in the issue of gpid newspaper dated
, A.D. 19.x.:11•
. . In witness whereof I have of hereunto r set
my hand this ...M./... day
A.D. 19.$F
gi
�SPublisher
Subscribed and ore me, a
Notary Public in and forthf County of
Weld,State of Colorado this in
day of
....7it!s...... A.U. 19.t1f...• .. Notary Public
My commission expires .....91
,eu Jura 14,
r, once
_ ;t 7032,4
•
B 1988 . _
Public Notices
•
operated accordance with 180 days of the permit date.The other DEVELOPMENT Shell be the elocny of FLOOD water
EMERGENCY ORDINANCE a actual start means the first permitted unless certification by
which carry debris, potential
NO.SB-L sound engine ring practices. on placement of permanent con- registered professional en- projectiles,and erosion potential.
IN THE MATTER OF THE Amend the definition for sn of a STRUCTURE on a: g e or architect is provided
LOWEST FLOOR to read: site,such as the pouring of slab demonstrating that encroach- Amend Section 53.6.1.4 to read:
REPEAL AND PE-ENACTMENT, or footings, the installation of menur shall not result in any No encroachments, including
WITH AMENDMENTS OF LOWEST FLOOR: The piles, the construction of increase in FLOOD levels during fill,NEW CONSTRUCTION,SUB-
CERTAIN SECTIONS,AND THE LOWEST FLOOR elevation of columns,or any work beyond the the occurrence of an INTERNED- STANTIAL IMPROVEMENTS,and
ADDITION OF CERTAIN SEC- STRUCTURES without a BASE- Stage of excavation; or the IATE REGIONAL FLOOD. other DEVELOPMENT shall be
TIONS TO ORDINANCE NO.89, MENT shall be considered to be Placement of a MANUFACTURED permitted unless certification by
WELD COUNTY ZONING the elevation,above mean sea HOME on a foundation.Perman Amend Section 26.5.1.7 to read: a registered
ORDINANCE. AS CURRENTLY professional en- -
AMENDED, REVISING AND level,of the top of the foundation Te ant construction does not include glneer or architect provided
ADDING CERTAIN PRO- f the STRUCTURE. The land preparation,such asclear- A plot plan which shows the demonstrating that ncroach-
CEDURES, TERMS, AND RE- LOWEST FLOOR elevation of ing,grading and filling;nor does location, shape, exterior Liman- merits shall of result in any
QUIREMENTS, AND FINDING STRUCTURES with a BASEMENT it include the installation of sions and distance from LOT or increase in FLOOD levels during
THAT AN EMERGENCY EXISTS shall be considered to be the STREETS and/or walkways; nor property lines of each existing or the occurrence of en IN7ERMED-
elevation,above mean sea level, does it include excavation fora proposed STRUCTURE. IATE REGIONAL FLOOD.
BE IT ORDAINED BY THE f the floor of the BASEMENT of basement, footings, piers, or'
BOARD OF COUNTY COMMIS- the STRUCTURE.The LOWEST foundations or the erection of Amend Section 26.5.1.9 to read: Amend Sections 53.6.1.6 and
FLOOR elevation of a MOBILE TEMPORARY forms;nor does it 53.7.1.6 to read:
STONERS OF WELD COUNTY,
COLORADO: HOME shall be considered to be include the installation the Any fill, storage of materials,
the elevation,above mean sea Property of ACCESSORY BUILD- and drainage facilities located on All new or replacement sanitary
WHEREAS, the Board of level,of the top of the MOBILE INGS,such as garages or sheds the property. sewer treatment systems nclutl-
County Commissioners of,Weld HOME PAD. not occupied as DWELLING ing Individual Sewage Disposal
County, Colorado, pursuant to UNITS or not part of the main Add new Section 26.5.1.10 to Systems,shall be designed and
Colorado statute and the Weld Add a new definition for STRUCTURE. read: built to prevent inundation or
MANUFACTURED -HOME to - 6.5.1.10 Any other relevant infiltration of floodwater into such
County ome Rule Charter, is read: Amend the definition for vol.SUB- inferre. hich me Systems and to prevent die-
ted with the authority of STANTIAL IMPROVEMENT by g b
arses from such systems into
administering the affairs of Weld MANUFACTURED HOME: adding the following material at required S the Department of the floodwaters f a INTER-
County,Colorado,and (This definition applies only to the end of the existing text: Planning Services. MEDIATE REGIONAL FLOOD.
WHEREAS, the Board of MANUFACTURED HOME when Add a new Section 29.5 to read:
County Commissioners has the used in the administration f a The term does not, however,Add n w Sections 53.6.1.8 and
power and authority under the Flood Hazard Overlay District include either: any project for 29.5 The fee for the Hazardous 53.7.1.7 to read:
Weld County Home Rule Charter Development Permit or the Flood Improvement of a STRUCTURE Waste Disposal Site established
d State Statute, including Hazard Overlay District.) A to comply with existing State or by the Board of County Commis- For all NEW CONSTRUCTION
and 28 of Title 30,ICRS,to STRUCTURE transportable in local health, sanitary, or safety si oars may be refunded tl SUBSTANTIAL IMPROVE-
Art
icle zoning regulations for the one or more sections,which is code specifications which are hole or in part by decision of MENTS, fully enclosed areas
ozonin ed are of the built on a permanent chassis and solelyeriecessary to assure safe the Board of County Commis- below the LOWEST FLOOR that
County of Weld,and s designed for USE with or !tying conditions,or any alteration oars. The amount of the re subject to flooding shall be
without permanent foundation of STRUCTURE listed n the refund, if any, shall be de- designed to automatically equal-
WHEREAS, the Board f when connected to the required National Register of Historic termined in part,based upon the ixe hydrostatic FLOOD forces on
County Commissioners of Weld utilities.This term also Includes Places a State Inventory of cost incurred by the County exterior walls by allowing for the
C unty,Colorado,has previously Park trailers,travel trailers and Historic or
reviewing the application and entry and exit of floodwaters.
adopted Ordinance No.89,Weld other similar vehicles placed on sea w shall include,but not be-limited Designs for.oaring this require-
County,Zoning Ordinance,estab- site for greater than 180 consec- Add a definition for to,outside consultant work staff moot must 'char . certified by
utive days. VARIANCE to read: time,and state and local a registered professional en-
lishing a comprehensive revision fees agency ineer or architect o/must meet
of the zoning regulations and Add definition for VARIANCE: (This definition or exceed the following minimum
zoning maps for the unincorpor- MANUFACTURED HOME
applies only to VARIANCE when Add a new Section 31.5.2.1 to criteria: q minimum of hvo
aced areas of the County of Weld, PARK OR SUBDIVISION used in the administration of a read: openings having a total net area
and has adopted amendments in Flood Hazard Overlay District of not less than one square inch
Ordinances 89-A through 89-K, MANUFACTURED HOME Development permit or the Flood 31.5.2.1 Fences over six feet in for Lavery square foot of enclosed
and PARK-OR SUBDIVISION:(This Hazard Overlay Dist oI)A grant height are not re area subject to flooding shall be
definition lies only to of relief from the requirements of g n SET t0 comply provided. The bottom of all
WHEREAS,said Ordinance No. pp y wquir with the minimum SETBACK and
89,as amended, is i need f MANUFACTURED HOME PARK this Ordinance hich permits may be located on the property openings shall be no higher than
revision and clarification with OR SUBDIVISION when used construction in manner that line. Fences located on corner one foot above grade.Openings
regard to procedures,terms,and the administration of a Flood would otherwise be prohibited by lots abutting public rights-of-way may be equipped with screens,
requirements therein,and Hazard Overlay District this Ordinance. shall of obstruct the view of
louvers, or other coverings or
Development permit or the Flood vehicular traffic at an sinter- devices provided that they permit
Hazard Overlay['Istria)A parcel Add a e definition for section.
WHEREAS, the Federal the utomatic entry and exit of
(or contiguous parcels) of land VIOLATION to read: floodwaters
Emergency Management Agency,
condition of continued divided into two or more MAN- Add a new Section 31.5.3.1 to
as a
eligibility for participationfco ti the UFACTURED HOME lots for rent VIOLATION: (This definition read: Add new Sections 53.6.1.9 and
National Flood Insurance Pro- or sale. applies only to VIOLATION when 53.7.1.8 to read:
gram,is requiring local communi- used in the administration Oyora 31.5.3.1 Fences over uir feet in Electrical, heating, ventilation,
ties to revise their floodplain Add a new definition for W• AN Flood pHazartl Overlay District height are not required to 8
SEA LEVELTO READ: Development permit or the Flood comply with the minimum OFF- plumbing, and a-conditioning
management regulations to make Hazard Overlay District) The SET and equipment pment and other service
them consistent with revised MEAN SEA LEVEL: For failure of a STRUCTURE or other may be located on the facilities shall be designed
Federal regulations,and property line.
purposes of the National Flood DEVELOPMENT to be fully com- water
located en so as or prevent
said revision 'a Insurance Program,the National pliant with the community's Add a new Section 53.2.8 to star from entering accumu-
necessary'WHEREA in order for Weld Geodetic Vertical Datum(NGVD) FLOOD PLAIN STRUCTURE
or other read: rating within the components
County to remain eligible for the f 1929 or other datum,to which ulations.A STRUCTURE or other during conditions of flooding.
sale of flood insurance,to pro- BASE FLOOD elevations shown DEVELOPMENT without the ale- 43.2.8 Help maintainstable ad new Sections 53.6.1.10 and
Tide its with flood on a community's FLOOD anon certificate,other certifies- tax base by providing a for the 53.7.1.9 to read:
insurance citizens reduced premiums. INSURANCE RATE MAP are bons, or other evidence of sound USE and DEVELOPMENT
d continue re ucedip re in the referenced. compliance required n NFIP of AREAS OF SPECIAL FLOOD ALL NEW CONSTRUCTION
National Flood Insurance Pro- Amend the definition for standard1,s is)(4)14,a(4))(c) LOD blight as areas:to minimize future d SUBSTANTIAL IMPROVE-
gram. MOBILE HOME PAD to read It p(s)me()(be(n VI,or(e) N FLOOD
s presumed to in VIOLATION MENTS shall be utility with
NOOK IHtHEFUHt, BE IT until such time as that documen- Add a new Section 53.2.9 to materials andequipment
ORDAINED by .the Board of MOBILE HOME PAD:7he tenon is provided to show other- read: resistant to FLOOD damage.
County Commissioners of Weld concrete base,footing, r block- wise.
Ins which is set on or in level soil 53.2.9 Ensure that Add new Section 53.6.1.11 and
County,1 Colorado, that certain to de support for the lace- potential 53.7.1.10 to read:
sting sections of said Ordin- provide Apo p Amend the definition for WATER buyers are notified that property
e No. 89, as amended, a e t f a Mobile Home. This SURFACE ELEVATION to read: AREA OF SPECIAL
repealed and re-enacted, with cons tooting, or blocking may FLOOD a HAZARD. ALL NEW LCONSTRUCTION
and that v consist loc of separate concrete ON,WATER SURFACE ELEVA- and SUBSTANTIAL be IMPROVE-
amendments,sections are added or revised to blocks r single concrete slab TIthe N: o height,ein relation al Add a new Section 53.2.10 to MENusing shall constructed that
read as follows: 0. Sections t Weld the National Geodetic 192, V other read: minimize
FLmethods and damage.
that
through 20.9.1^5 of the Weld Datum(NGVD)of 1929,or other �,mini ize FLOOD damage
Add a new definition for APPEAL County Building Code Ordinance. datum, where specified of an 53.2.10 In order to accomplish Add new Sections 53.6.1.12 and
to read: INTERMEDIATE REGIONAL its purposes, this Ordinance
Add a new definition for NEW FLOOD or FLOODS of various includes methods and provisions 53.7.1.11 to read:
APPEAL The request for a CONSTRUCTION to read: magnitudes and frequencies in for:review of the Countys interprata- the FLOOD PLAINS of coastal or ALL NEW CONSTRUCTION
"ion of any provision of this NEW CONSTRUCTION: riverline areas.
Add a new Section 53.2.10.1 to and SUBSTANTIAL IMPROVE-
O/dinance or a request for a STRUCTURES for which the read:
MENTS hall be anchored to
variance. START OF CONSTRUCTION Amend Section 26.3.1 by adding prevent flotation, collapse or
.mend or after the the following sentence at the 53.2.10.1 Restricting or prohib- lateral movement of the STRUC-
effective date of this Ordinance. beginning of the existing text: icing USES which are dangerous TURF and to withstand hydro-
Add new definition for AREA Oto health, safe" property dynamic loads.
Iv re SPECIAL shall
FLOOD HAZARD Add anew definition for The Department of Planning due to water or erosion hazards,
PROGRAM DEFICIENCY to Services review the'Flood or which result in damaging Add new Sections 53E 1.13 and
AREA OF SPECIAL FLOOD read: Hazard Overlay District i
creases in erosion or in FLOOD 53.7.1.12 to d.
Development
HAZARD:See INTERN DEIATE PROGRAM DEFICIENCY: that all necessary ecessary per heights or velocities;
mine permits ALL MANUFACTURED HOMES
REGIONAL FLOOD definition. (This definition applies only to have been obtained from Add a new Section 53.2.10.2 to shall be elevated and anchored
Add a definition for PROGRAM DEFICIENCY when Federal,State,or local govern- read: to resist flotation, collapse or
FEATURE to read: used in the administration of a mental agencies from which prior lateral movement MANUFAC-
CRITICALFlood Hazard Overlay District approval is required. 53.2.10.2 Requiring that USES TUBED HOMES shall be
CRITICAL FEATURE: An Development permit or the Flood
vulnerable to FLOODS,including anchored in accordance with
Hazard Overlay District.,A defect Add a new Section 26.3.6 to facilities which serve such USES, Sections 2the through
integral and readily identifiable n a community's FLOOD PLAIN read: against FLOOD 20.10.2.4 of the Weld County
system,part of a FLOOD protection management regulations or
damageprotected
tedthe time of initial Building Code Ordinance.
FOO without which the administrative procedures that 26.3.6 The Department of construction;
protection provided by impairs effective implementation Planning Services shell obtain Add new Sections 53.6,1.14 and
the entire system would be of those FLOOD PLAIN man- and record the actual elevation, 53.7.1.13 to read:
compromised. Add a new Section 53.2.10.3 to
agement regulations or of therelation to mean sea level,of read:
Add a new definition for FLOOD 6 6.5, rs in Sections 60.3, in he LOWEST N FLOOR of all new ALL MOBILE HOMES shall be
60.4,60.5,or 60.6. SUBSTANTIALLY IMPROVED ion of natural
ural FLOOD
the alter- "tented and nchored to resist
INSURANCE RATE MAPg flotation, collapse or lateral
(FIRM) to read: a STRUCTURES. anon of natural FLOOD PLAINS,
Add definition for stream channels,_and natural movement be anchored MOBILE HOMES
FLOOD INSURANCE RATE A VIOLATION to reatl: STANTIALLV rIMIl new PROVEDr flood- hcctomtive modabe orcfiannellCFLOOD sh1hl Sections20.9.2 accordance
MAP(FIRM): The official map REMEDY A VIOLATION:(This' proofed STRUCTURES. waters; 20.9.2.6 f the Weld County
on which the Federal Emergency definition applies only to Building Code Ordinance.
Management Agency has deli^- REMEDY A VIOLATION when 26.3.6.1,1 Verify and record the Add a new Section 53.2.10.4 to
Sated both the AREAS OF used in the administration of a actual elevation, in relation to read: Add a new Section 62.4 to read:
SPECIAL FLOOD HAZARDS and Flood Hazard Overlay District mean sea level, to which the
the risk premium zones applica- Development permit or the Flood STRUCTURE has been flood- 53.2.10.4 Controlling filling, 62.4 Appeal. for Variance
ble to the community. Hazard Overlay District).To bong proofed. grading, dredging, d other Within the Flood Henerd
Add a new definition for FLOOD the STRUCTURE or other DEVELOPMENT which may in_ Overlay District.Appeals to the
'INSURANCE STUDY to read: DEVELOPMENT into compliance 26.3.6.1.2 Maintain the le- crease FLOOD damage;and Board of Adjustment brought
FLOOD INSURANCE STUDY: with State or local FLOOD PLAIN cation and flood-proofing certiti- pursuant to Section 61.3 shall b
management gulations, or, if cations required in Section Add to new Section 53.2.10.5 to made and processed as set forth
The official report provided by this is not possible,to reduce the 20.11.9 of•the Weld County read: below:
the Federal Emergency Man- impacts of its noncompliance. Building Code Ordinance.
agement Agency that includes Ways that impacts may be 53.2.10.5 Preventing g 62.4.1 A
FLOOD profiles, the FLOOD reduced include protecting the Add a new Section 26.3.7 In read: Ling the construction of or of FLOOD .sots:Appealsa for n rianncer in Boundary-FLOODWAY Map,and STRUCTURE or other affected barriers which will unnaturally the application of specific terms
the water surface elevation of the DEVELOPMENT from FLOOD 26.3.7 Maintain for public divert FLOOD waters or which or requirements in the Weld
BASE FLOOD. damages, implementing the inspection all records pertaining may increase FLOOD hazards in County Zoning Ordinance shall
enforcement provisions of the to the provisions of this Section. other areas. be made in tten form accord-
Delete the existing definition for ordinance or otherwise deterring or
to the following:
JUNK YARD. future similar. violations, Add a new Section 26.3.8 to Amend Section 53.4,1 and 53.4,2
reducing Federal financial read: by adding the following material 62.4.1.1 An application for
Add s new definition for LEVEE exposure with regard to the at the end of the existing text: appeal ton variance on the torm
to d: STRUCTURE or other DE- 26.3.8 When the BASE FLOOD as prescribed and furnished by
VELOPMENT. WATER SURFACE ELEVATION These maps were developed the Department of Planning
LEVEE:A man-made structure, data has not been provided in using the FLOOD INSURANCE Services.
usually an earthen oembankment Add definition for START accordance with Section 26.5.1.5 STUDY for Weld County,
desi
gned and c in OF CONSTRUCTION to read: of this Ordinance, the Depart- September, 1982 prepared by 624.12 A plot plan showing
accordance with sound engineer- m nt of Planning Services may the Federal Emergency Man- the location of existing features,
ing practices to contain,control, START OF CONSTRUCTION: obtain, review, and reasonably agement Agency. The official such as STRUCTURES, fences,
odivert the flow of water so as (This definition applies only to utilize any BASE FLOOD WATER Weld County Flood Hazard Over- streams, PUBLIC p or private
to provide protection from START OF CONSTRUCTION SURFACE ELEVATION data lay District Zoning Maps dories rights-oFway,
temporary flooding. when used the administration available from a Federal,State,or pontl to the Flood Insurance accesses. The plot plan shall
Add a new definition for LEVEE of a Flood Hazard Overlay other source, as criteria for Rate Ma include the locationand dimen-
Disirict Development permit or reviewing the Flood Hazard Over- Ps n ludetl the sions of all existing and proposed SYSTEM to read: the Flood Hazard Overlay Dis- lay District Development permit FLOOD INSURANCE STUDY STRUCTURES;elevations of the
for W
triPt) Includes SUBSTANTIAL application. ald County. area
LEVEE SYSTEM: A FLOOD IMPROVEMENT,and means the n question; and any fill,
o
protection system which consists date the building permit was Amend Section 26.4.6 to read: Amend Section 53.6 to read: e la f materials,and drain-
f a LEVEE or LEVEES and issued, provided the actual age facilities.
associated STRUCTURES, such START OF CONSTRUCTION, No encroachments, including FW(Floodway)District-The 62.4.1.3 A copy of a deed,
as closure and drainage devices, repair,reconstruction,placement, fill,NEW CONSTRUCTION,SUB- FW (Flood way) District is an purchase contract,or other le 1
which are constructed and or other improvomisar'ass within STANTIAL IMPROVEMENTS,and extremely hazardous area due to instrument indicating that the
4
applicant nas erest cite *� �"<_-.y " .e,+,y.n.
property. The deed purchase with °` „.
contract, or legal Instrument - believe W l�l- .x
should Include a complete and PLANS, fi t ,' sic r
accurate legal description of theR�9raMtror
property. _ ly..
Planning LaMleMin
,1ao14wlke Johnsen..
62.41.4 A statement that the racer*df.eg
demonstrates how the danger of Including I racism "Pi • Yamaguchi
materials being swept into other and
lands causing injury to others will F MasagA ttent ATTEST:Mary AM.`Feuangin
be minimized or mitigated Aoenoy �
62.41.5 A statement that dem- 82.4.2.8 The Dements's/1 of on strates how the danger to life Planning Senecas Reorder end mane
and property due to flooding or written MOW to any to
erosion damage will be mini- whom y to the Board mined or mitigated Me
mitietltobotltllltsath ISY:-TWemle en"
62.4.1.6 A statement that FLOOR the Deputy County Clerk
d
demonstrates how the suscepti- BASE FLOOD that
bdity of the proposed facility and the coat eft ytl8 APPROVED AS 70 FORM
cis contents to FLOOD damage be R1a
and the effect of such damage Increased �frojp
on the individual owner will be. reduced L the CountyThoma O OSWd
minimized or mitigated nen. Read
County Monte/
62.4.1.7 Evidence that demon- 82.4.3 Dellis N tin Seat at 1 end .Ootaber 21.
strates the importance of the Adhp
services provided by the pro- AAddluatm�ahakkhold EteaN of
posed facility to the community, lined eo.opnµyr..is*teal Oerapa2, 1887,In
where applicable Seven(71 me�.bee of the!Herd 'dW
of Adj 'hall conetMdrr a Effective October 62.4.1.8 Evidence that demon- quorum for Ms tranaattien of '22, —
1987
strates the necessity to f the business The Board of Adjust-
facility of a waterfront location, mad shall mile its decision
where applicable based on an technical Minus-
62.4.1.9 Evidence that demon- standards all relevant In factors,ther
strates the availability of enema- Sections of this Ordrehoe,and
toe locations for the proposed any Intormetian pre.snt.4 at the
USE which are not subject to public heap¢ The oncurring
flooding or erosion damage were vote of sir(81 nheatbara' y the
investigated. Board of rennet Shan be
necessary in onnr to decide In
62.4.1.10 A statement that favor of the aopelaM on all
demonstrates the compatibility of appeal brought pursuant 10 the
the proposed USE with the Weld County Zoning Ordkence
existing and anticipated
development. 82.4.3.1Ain 1 for variance
of the 62.4.1.11 A .statement that Zoning terse
Of the Weld County
the
it
demonstrates the relationship of FLOOD Hazard Overlay District
the proposed USE to the corn- shall not be granted until and
prehensive plan and FLOOD unless the Board of Adjustment
PLAIN management program for has found and determined that
the area. rep of goop
62.4.1.12 A statement that and sufficient ohne ryas ail en
demonstrates the safety of demonstrated by the appellant
access to the property at times of
FLOOD for ordinary and emer- 82.4.3.1.2 Failure to grant the
gency vehicles. variance would moult In excep-
tional hardship to the appellant
62.4.1.13 Evidence that dem-
onstrates what the expected 82.43.1.3 The granting of a
height.velocity,duration,rate of variance MU not result in !ri-
nse and transport of the FLOOD creased FLOOD heights addi-
waters and the effects of wave tone thresh. to Manic
action,if applicable,expected at edraordlnay Maio expense,
the site will be. create nulsenee,clause fraud on
r vIct conflict
82.4.1.14 A statement that i*NM*a of the public or
demonstrates how the costs of ment:et '—.ire fowl laws Of
providing governmental services
during and after FLOOD condi- 82.4.3.1.4 The reason'eat forth
tions,including maintenance and in the apWla slam and testimony
repair of public utilities and justify tits granting of the vad-
facilities such as sewer, gas, ence,and the Carlene*le the
electrical and water systems, minimum
streetsand bridges will be cOneldering
minimized or mitigated. tots
62.4.1.15 Evdenee that damp "° X31!"
�ltQ e
onstratea that the variance variance mipE heerectedCO-
requested is the minimum vari- BTRUCtV'IDOSN SUBSTANTIAL
ance necessary, onsdednr the IMPR to be sin
FLOOD Hazard to afford relief, on a Of of acre or less e*
size
62.4.1.18 A certified list of the rounded 4gla.bwhaaM ting
g
names,addressee,and the cor- 8TRUCTU eaatt509ed
responding Parcel Identification the base 16Ygh, pronWbtg the
Number assigned by the Weld Meteredmateriel, 'In S.Ctleaa
County Assessor of the owners 82.4.1.4 throngir 92.4.1.15 has
of the property (the surface been fully• lldered.As the kit
estate)within five hundred(500) site Increases bheiyy one half
feet of the property subject to acre,the teeMtMd j yt
the application. The source of elfll ht d far Polefip cite radar cee
such list shall be the records of Me dcrease.
the Weld County Assessor,or an
ownership update from a title or 82.4.3.1.8 reconstruction,
may be
abstract company or y, granted for the epmatruction,
derived from such records, or rehabilitate*.rt. reetoraS of
•from the records of the Weld Structures ailed on the National
Register of Natodc or the
County Clerk and Recorder.If the State 1 -. Nletoric
list as assembled from Me P reo ......ore of
records of the Wald County tbteeo Pleb*Whips ague t0
Assessor, the applicant shall MB preeadefee alt forth In
certify that such list was 8la...-a .- !-ect-ri
assembled within thirty(30)days •
of variant*e the application submission B- 1.7 The granting of Me
Weis tfir E
62.4.1.17 Any other information IMERMEDuTE hi.an
determined to be necessary by FLOOD.
the Board of Adjustment that will
aid the Board of Adjustment in 82.4.3.1.8 The granting of the
making a decision which will not varance wet ha with
impair the intent and purpose of the purpose fhdt hormone 0 this
the Zoning Ordinance. Ordihance, and not be
injurious to the NEIGHBOR-
62.4.2 Duties of the Depart- HOOD,or ilo he M detrimental
mane of Planning Senders. to the pudic health,safety,or
welfare.
62.4.2.1 The Department of
Planning Services shall review If any ewe.% etentelon,
the application and determine peretraof dartps douse or
that it is complete before Phrase of the alp Is for
scheduling consideration of the any reason held Of deeded to be
appeal for the variance by the Rinsed er unodelagytlenal,men
Board of Adjustment decision shall ata-'ag'ct the
validity o the pMWs
62.4.2.2 The Department of The Board ct C Cthat I.
Planning Services shall arrange Sionea me tbst n
for publication of notice of the would have paeeaB etysecdkr
public hearing to be held by the ante,antl sectt'elm Nay ae nc,,
Board of Adjustment once in the subesctbn,
newspaper designated by the douse ace creams
Board of CountygCommaaloners speaere of fhd Yaat that any one
for publication of legal notices or mae iabsecllsns
The date of publication shall be Pa r.7.7. cause},
at least ten(10)days prior to the or PttraSla o'pseared to
scheduled hearing.. be unoonst and Invalid.
62.4.2.3 The Department of BE IT FURTHER.ORDAINED
Planning Services shall mall(first that the Board.a County Com-
class),ten(10)days prior to the mbeiOners. hetleby range and
scheduled hearing a notice of Determines the necessity of
the public hearing to the owners teelear enacHrq ple,ee fence
at the surface estate locates Na 9�L care issea an emir-
within five hundred(5001 feet to ppenvy under nil proviee*ns of
the parcel under consideration Home ale beta Wed County
for the variance. The Depart- Home Rule Chimer.
mint's source of the ownership
information shall be the applice- The semi we ftirelleleg
Oen for variance submitted by the Ordinance Na Sad wait on on
appellant. motion duly en made end seconded
adopted by the yy vote on
62.4.2.4 The Department of the 21st day of Ogohah AD,
Planning Services shall review le".
the application for consMeration
pare
of the Appeal and shall proper. BOARD_OF COUNTY
cooff ments,Adjust for use by the Board
al Adjustment addressing all
aspects of the appeal,Its con-
formance with sound land USE
Planning practices,the effect of Gordon E Lacy,Chairman
panting or denying the appeal
Hello