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HomeMy WebLinkAbout20242087.tiffWELD COUNTY CODE ORDINANCE 2024-10 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING 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of the County of Weld, State of Colorado, that Chapter 23 Zoning of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. CHAPTER 23 ZONING ARTICLE I — General Provisions Amend Sec. 23-1-90. — Definitions. 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. The LOWEST FLOOR of a residential ▪ BUILDING, including BASEMENTS, shall be at least one (1) foot above the BASE FLOOD • ELEVATION (BFE). Any CRAWLSPACE with four (4) feet or more between the floor and the ceiling shall be considered to be a BASEMENT. CRAWLSPACE: An under -floor space that has its interior floor area (finished or not) no more than five (5) feet below the top of the next -higher floor. Crawlspaces generally have solid mfr foundation walls. See Diagram 8 in the FEMA Elevation Certificate Instructions. mm� "'mod"_ LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including a o 0 A 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 •• a2a be converted to such a use, such as a BASEMENT. Any unfinished or FLOOD -resistant ma °:e enclosure, usable solely for parking of vehicles, BUILDING access or storage in an area other b � L Q.MmT mU�a -t PAGE 1 MN o cc•. GT(3(Es/CH), 0\OLL), FI(a'/SS/so), 2024-2087 PO, a Rc-rO,), PL(ER/MNfNc/DA/DA/KR) ORD2024-10 t= °S126/2.4 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. ARTICLE XI — Floodplain Management Ordinance Division 1 — General Provisions Amend Sec. 23-11-250. — Basis for Establishing Special Flood Hazard Area (SFHA). The SPECIAL FLOOD HAZARD AREA identified by FEMA in a scientific and engineering report entitled, "The Flood Insurance Study for Weld County, Colorado, and Incorporated Areas," dated September 26, 2024, with accompanying FLOOD INSURANCE RATE MAPs (FIRM) and FHBM 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 FHBMs on file and available for public inspection. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode 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. PAGE 2 2024-2087 ORD2024-10 The above and foregoing Ordinance Number 2024-10 was, on motion duly made and seconded, adopted by the following vote on the 5th day of August, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTLORADD ATTEST: thaws) o%4. Weld County Clerk to the Board County Attorney Date of signature: O /I2 /2 Publication: Key Perry L. Btk, Pro-Tem EXCUSED Mike Freeman May 22, 2024, in the Greeley Tribune First Reading: June 24, 2024 Publication: June 30, 2024, in the Greeley Tribune Second Reading: July 17, 2024 Publication: July 21, 2024, in the Greeley Tribune Final Reading: August 5, 2024 Publication: August 11, 2024, in the Greeley Tribune Effective: August 16, 2024 PAGE 3 2024-2087 ORD2024-10 Hello