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CODE ORDINANCE 2023-12
ER 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hereby is, repealed and re-enacted, with amendments, to read as follows.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.
The following specific words and phrases, when appearing in this Chapter in uppercase
letters, shall have the meanings stated in this Section:
BASE FLOOD: The FLOOD having a one_ percent (1%) chance of being equaled or
exceeded in any given year. This term is used in the NFIP to indicate the minimum level of flooding
to be used by a community in its floodplain management regulations.
Add CODE OF FEDERAL REGULATIONS (CFR): The codification of the general and
permanent Rules published in the Federal Register by the executive departments and agencies
of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal
regulation.
DEVELOPMENT: The placement, construction, erection, reconstruction, movement
and/or alteration of BUILDINGS and/or other STRUCTURES, the placement of paved areas,
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drainage improvements or alterations on the historic flow of drainage patterns or amounts, and
the placement of lighting and/or other appurtenances related to any and all USES, exckodhng OIL
AND GAS FACILITIES. Includes 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.
Add DFIRM DATABASE: Database (usually spreadsheets containing data and analyses
that accompany DFIRMs). The FEMA Mapping Specifications and Guidelines outline
requirements for the development and maintenance of DFIRM databases.
Add DIGITAL FLOOD INSURANCE RATE MAP (DFIRM): FEMA digital floodplain map.
These digital maps serve as "regulatory floodplain maps" for insurance and floodplain
management purposes.
ELEVATED BUILDING: A BUILDING without a BASEMENT and:
a Built, in the case of a BUILDING in Zones A. A1-30, AE, A, A99 A -O AH, and
AO 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. — No change.
In the case of Zones A A1-30, AE, A, A99, AO, AH, and AO,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.
Delete FLOOD BOUNDARY AND FLOODWAY MAP (FBFMIFLOOD BOUNDARY AND
gas delineated SPEC AL FLOOD
HAZARD AREAS, FLOODWAYS and the risk premium zones applicable to the COUNTY.
Add FLOOD HAZARD BOUNDARY MAP (FHBM): FLOOD map of the COUNTY issued
by FEMA, where the boundaries of the FLOOD, mudflow and related erosion areas having special
hazards have been designated.
Add FLOOD -VENTED STRUCTURES: an orifice in an enclosed STRUCTURE intended
to allow the free passage of water between the interior and exterior to reduce potential damage
to BUILDINGS ELEVATED on CRAWLSPACES.
Add FLOOD ZONES: The FEMA designated FLOOD ZONES are as follows:
a Zone A (Approximate 100 -YEAR FLOODPLAIN) is a SFHA witn a one percent
(1%) or greater chance of FLOODING each year and where, in most cases, BFEs
and FLOOD hazard factors have not been determined by FEMA.
b. Zones A1 -A30 and AE (100 -YEAR FLOODPLAIN and FLOODWAY) are SFHAs
with a one percent (1%) or greater chance of FLOODING each year and where
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BFEs and FLOOD hazard factors have been determined by FEMA.
c. Zone AO is a SFHA with a one percent (1%) or greater chance of shallow
FLOODING each year, usually in the form of sheet flow with an average depth
between one (1 and three (3) feet.
d Zone AH is a SFHA with a one percent (1%) or greater chance of shallow
FLOODING each year usually in the form of a pond, with an average depth
between one (1; and three (3) feet and BFES are shown.
e Zone B and Zone X (shaded) are areas that are between the limits of the
100 -YEAR FLOODPLAIN and the 500 -YEAR FLOODPLAIN.
f. Zone C and Zore X (unshaded) are areas with a minimal risk of FLOODING.
q. Zone D is an area with possible but undetermined FLOOD hazards.
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 FBFMFHBM maps.
FLOODPROOF or FLCODPROOFING: Any combination of structural and nonstructural
designs, changes or adjustments to STRUCTURES, with the exception of steel rings surrounding
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 statewide standard for the designated height to be used for all newly
studied reaches shall be one-half ('h) 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 FBFMFHBM maps.
Add FREEBOARD: The vertical distance in feet above a predicted WATER SURFACE
ELEVATION intended to provide a margin of safety to compensate for unknown factors that could
contribute to FLOOD heights greater than the height calculated for a selected size FLOOD such
as debris blockage of bridge openings and the increased runoff due to urbanization of the
watershed.
LETTER OF MAP AMENDMENT (LOMA): A letter from FEMA officially revising the
effective FIRM and FEMA's acknowledgment that a STRUCTURE and/or property is not located
in a SPECIAL FLOOD HAZARD AREASFHA.
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Add MODEL -BACKED APPROXIMATE FLOOD ELEVATION: The 100 -YEAR -FLOOD
water surface elevation resulting from a hydraulic model used to determine an Approximate
Floodplain.
Add NATIONAL FLOOD INSURANCE PROGRAM (NFIP): FEMA's program of FLOOD
insurance coverage and national FLOODPLAIN MANAGEMENT administered in conjunction with
the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The NFIP has applicable
federal regulations promulgated in CFR Title 44. The U.S. Congress established the NFIP with
the passage of the National Flood Insurance Act of 1968.
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 shall 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-ye-arYEAR FLOODWAY shown on the FIRM or FBFMFHBM.
SPECIAL FLOOD HAZARD AREA (SFHA): The land in the 100 -YEAR FLOODPLAIN
within the COUNTY subject to a one percent (1%) or greater chance of FLOODING in any given
year. The area may be designated as Zone A, A1-30, AE, AH, and AO or A1-A9g on the FIRM or
FHBM. SPECIAL FLOOD HAZARD AREAS are periodically amended by FEMA via a LETTER
OF MAP CHANGE.
a Zone A Approximate RS is a SPECIAL FLOOD HAZARD AREA where
BASE FLOOD ELEVATIONS and FLOOD HAZARD factors have not been
determined by FEMA.
b. _
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.
o 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
Zones AE and Al -A3-0 are SPECIAL FLOOD HAZARD AREAS where BASE
FLOOD ELEVATIONS and FLOOD HAZARD factors have been determined by
FEMA.
Zone B and Zone X Kshaded) are SPECIAL FLOOD HAZARD AREAS that are
between the limits of the 100 -YE,
Zone C and Zone X (unshaded) are SPECIAL FLOOD HAZARD AREAS that are
Remainder of Section — No change.
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ARTICLE XI - Floodplain Management Ordinance
Division 1 - General Provisions
Amend Sec. 23-11-230. Statement of purpose.
A. and B. — No change.
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") Flood Insurance ProgramNATIONAL FLOOD INSURANCE PROGRAM (NFIP)
Regulations (found at 44 CFR Parts 59, 60, 65 and 701
each individual ct-•, "€
Regulations"} and the Colorado Water Conservation Board (ICWCB!I) "Rules and
Regulations for Regulatory Floodplains in Colorado (referred to herein as
CWCB FLOODPLAIN Rules ), adopted in effect as of January 14, 24-1-1-2022 (found at
2 CCR 408-1). As such, the • nce Progra.mNFIP 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 SPECIAL FLOOD
Flood Hazard Area (SFHA).
AZARD AREASpecial
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 January 20, 2016November 30, 2023, with accompanying Flood Insurance Rate
MapsFLOOD INSURANCE RATE MAPs (FIRM) and FBFMFHBM 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 FBFMFHBMs on file and available
for public inspection.
Division 3 — Floodplain Development Permit Procedures
Amend Sec. 23-11-350. Permit procedures.
A. and B. — No change.
C. Per 44 CFR 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.
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1. and 2. — No change.
3. A map which accurately displays the following information:
a. thru d. — No change.
e WATER SURFACE ELEVATIONS of the BASE FLOOD ELEVATIONBFE
at the BUILDING site. If the WATER SURFACE ELEVATIONS are not
shown on the FBFM or FIRM or FHBM, the applicant's engineer shall use
acceptable methodology to determine the WATER SURFACE
ELEVATIONS and show them on the map;
Remainder of Section — No change.
Division 4 — Standards
Amend Sec. 23-11-360. 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 or commencement of DEVELOPMENT, a
FLOODPLAIN DEVELOPMENT PERMIT shall be obtained.
B. thru H. — No change.
Per 44 CFR 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 system into FLOOD waters. On -site waste disposalwastewater treatment systems
(OWTS) shall be located to avoid impairment to them or contamination from them during
FLOODING. OWTS shall comply with Section 30-8-100 of the Weld County Code_
�f Public Health and Environment regulations, no
Colorado Department of Public Health and Environment regulations, if a FLOODWAY has
not been designated, tie 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, is less than
one (1) foot (twelve [12] inches) above the BASE FLOOD ELEVATIONBFE or
MODEL -BACKED APPROXIMATE FLOOD ELEVATION that existed prior to the
placement of FILL.
K Per CWCB FLOODPLAIN Rule 12 and 44 CFR 60.3(b), any USE or DEVELOPMENT
which causes or results in an ALTERATION OR RELOCATION OF A WATERCOURSE
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shall comply with the requirements listed below. The applicant shall provide evidence that:
1. and 2. — No change.
3. Any ALTERATION OR RELOCATION OF A WATERCOURSE shall be designed
and sealed by a registered Colorado professional engineer, or certified
4. thru 10. — No change.
L. — No change.
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-ventingVENTING
measures described below:
1. FLOOD ventedVENTED STRUCTURES shall be anchored to resist flotation,
collapse and lateral movement;
2 FLOOD-ventedVENTED STRUCTURES shall be constructed using
FLOOD -resistant materials below the BASE FLOOD ELEVATION, plus one (1)
foot;
3 All utility equipment in a FLOOD-ventedVENTED STRUCTURE shall be elevated
or made WATERTIGHT to prevent the accumulation of FLOOD water in the
components;
Remainder of subsection M. — No change.
N All OIL AND GAS PRODUCTION FACILITIES and OIL AND GAS STORAGE
FACILITIES, including TANK BATTERIES, shall be anchored to resist flotation, collapse
or lateral movement. OIL AND GAS PRODUCTION FACILITIES and OIL AND GAS
STORAGE FACILITIES shall be ELEVATED, FLOODPROOFED or
FLOOD-ventedVENTED, as appropriate.
Remainder of Section — No change.
Amend Sec. 23-11-370. Specific standards for Approximate Floodplains (Zone A).
In addition to the general standards in Section 23-11-360 above, the following provisions
are required for all DEVELOPMENT, NEW CONSTRUCTION and SUBSTANTIAL
IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated as Zone A
(Approximate Floodplain):
Remainder of Section — No change.
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Amend Sec. 23-11-380. Specific standards for FLOODPLAINS Floodplains with BASE
FLOOD ELEVATIONS Base Flood Elevations or determined depths (Zones Al -A30, ALAH,
and AO -a ).
In addition to the general standards in Section 23-11-360 above and specific standards
for Approximate Floodplains in Section 23-11-370 above, the following provisions are required for
all DEVELOPMENT, NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS that are
located in SPECIAL FLOOD HAZARD AREAS designated as Zones A1 -A30, AE. AH, and AO_
and AE.
Remainder of Section — No change.
Amend Sec. 23-11-390. Specific standards for FLOODPLAINSFloodplains with
FLOODWAYSFIoodways.
FLOODWAYS are administrative limits and tools used to regulate existing and future
FLOODPLAIN DEVELOPMENT. The State 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 DEVELOPMENT, NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are
located in FLOODWAYS shall apply:
A. Per 44 CFR 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 registered 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. FEMA Risk Mapping Assessment and Planning (Risk
MAP) Technical References, Guidelines and Standards for Flood Risk Analysis and
Mapping Activities, and associated resource documents are considered to be standards
for delineation of regulatory FLOODPLAIN information.
Remainder of Section — No change.
Amend Sec. 23-11-400. Specific standards for Floodplain studies.
CWCB FLOODPLAIN Rules 7, 9 and 10 provide specific standards for conducting
FLOODPLAIN studies.
A. thru B. — No change.
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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. thru 5. — No change.
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
freeboardFREEBOARD 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. — No change.
8. A minimum LEVEE freeboardFREEBOARD of three (3) feet shall be necessary
with an additional one (1) foot of freeboardFREEBOARD within one hundred (100)
feet of either side of hydraulic structures within the LEVEE or wherever the flow is
constricted, such as at bridges. An additional one-half (0.5) foot above this
minimum is also required at the upstream end of the LEVEE.
9. — No change.
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 freeboardFREEBOARD as
described above, provided that such human operation is specifically included in an
emergency response plan adopted by the COUNTY.
11. — No change.
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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
The above and foregoing Ordinance Number 2023-12 was, on motion duly made and
seconded, adopted by the following vote on the 8th day of November, A D , 2023
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
Mike Freeman, Chair
Weld County Clerk to the Board
Perry L Buck, Pro-Tem
BY
Deputy Clerk to the Board
Scott K James
APPROVED AS TO FORM
Kevin D Ross
County Attorney
Date of signature
Lori Same
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Publication August 18, 2023
First Reading September 27, 2023
Publication October 1, 2023, in the Greeley Tribune
Second Reading October 16, 2023
Publication October 22, 2023, in the Greeley Tribune
Final Reading November 8, 2023
Publication November 12, 2023, in the Greeley Tribune
Effective November 17, 2023
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