HomeMy WebLinkAbout20233082.tiffWELD COUNTY
CODE ORDINANCE 2023-12
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hereby is, repealed and re-enacted, with amendments, to read as follows.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. 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, AH, and AO, 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, AH, and AO, 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 (FBFM)
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 with 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 Al -A30 and AE (100 -YEAR FLOODPLAIN and FLOODWAY) are SFHAs
with a one percent (1%) or greater chance of FLOODING each year and where
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
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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 Zone X (unshaded) are areas with a minimal risk of FLOODING.
g.
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 FHBM maps.
FLOODPROOF or FLOODPROOFING: Any combination of structural and nonstructural
designs, changes or adjustments to STRUCTURES which reduce or eliminate FLOOD damage
to real estate, improved real property, water and sanitary sewer facilities, and STRUCTURES and
their contents.
FLOODWAY (REGULATORY FLOODWAY): The CHANNEL of a river or other
WATERCOURSE and the ADJACENT land areas that must be reserved in order to discharge the
BASE FLOOD without cumulatively increasing the WATER SURFACE ELEVATION more than a
designated height. The statewide standard for the designated height to be used for all newly
studied reaches shall be one-half (%) foot (six [6] inches). Holders of valid LETTERS OF MAP
REVISION to existing FLOODWAY delineations may continue to use the FLOODWAY criteria in
place at the time of the existing FLOODWAY delineation by FEMA. FEMA's mapped
FLOODWAYS are shown on the FIRM and FHBM 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 SFHA.
Add MODEL -BACKED APPROXIMATE FLOOD ELEVATION: The 100 -YEAR -FLOOD
water surface elevation resulting from a hydraulic model used to determine an Approximate
Floodplain.
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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 -YEAR FLOODWAY shown on the FIRM or FHBM.
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 on the FIRM or FHBM.
SPECIAL FLOOD HAZARD AREAS are periodically amended by FEMA via a LETTER OF MAP
CHANGE.
Remainder of Section — No change.
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) NATIONAL FLOOD INSURANCE PROGRAM (NFIP) Regulations found at 44
CFR Parts 59, 60, 65 and 70, and the Colorado Water Conservation Board (CWCB) Rules
and Regulations for Regulatory Floodplains in Colorado (referred to herein as
CWCB FLOODPLAIN Rules), adopted in effect as of January 14, 2022 (found at 2 CCR
408-1). As such, the NFIP 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 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 November 30, 2023, 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.
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The FLOODPLAIN ADMINISTRATOR shall keep a copy of the FIS, FIRMs and/or FHBMs 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.
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 BFE at the BUILDING site. If the
WATER SURFACE ELEVATIONS are not shown on the 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 wastewater 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.
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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 BFE 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
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.
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 -VENTING
measures described below:
1. FLOOD -VENTED STRUCTURES shall be anchored to resist flotation, collapse
and lateral movement;
2. FLOOD -VENTED STRUCTURES shall be constructed using FLOOD -resistant
materials below the BASE FLOOD ELEVATION, plus one (1) foot;
3. All utility equipment in a FLOOD -VENTED STRUCTURE shall be elevated or
made WATERTIGHT to prevent the accumulation of FLOOD water in the
components;
Remainder of subsection M. — No change.
N. All OIL AND GAS FACILITIES and OIL AND GAS STORAGE FACILITIES, including
TANK BATTERIES, shall be anchored to resist flotation, collapse or lateral movement.
OIL AND GAS FACILITIES and OIL AND GAS STORAGE FACILITIES shall be
ELEVATED, FLOODPROOFED or FLOOD -VENTED, as appropriate.
Remainder of Section — No change.
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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.
Amend Sec. 23-11-380. Specific standards for Floodplains with Base Flood Elevations or
determined depths (Zones A1 -A30, AE, AH, and AO).
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.
Remainder of Section — No change.
Amend Sec. 23-11-390. Specific standards for Floodplains with Floodways.
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 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 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.
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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.
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
FREEBOARD criteria stated above and that it appears, on visual inspection, to be
structurally sound and adequately maintained shall be required on a three-year
basis and provided to the CWCB. LEVEES that have obvious structural defects or
that are obviously lacking in proper maintenance shall not be considered in the
hydraulic analysis.
7. — No change.
8. A minimum LEVEE FREEBOARD of three (3) feet shall be necessary with an
additional one (1) foot of FREEBOARD 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 FREEBOARD 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, 4o 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 Saine
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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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