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WELD COUNTY
CODE ORDINANCE 2014-7
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING AND CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 23
ZONING
Amend Sec. 23-11-310. Definitions, as follows:
Unless specifically defined below or in Section 23-1-90 of this Code, words or phrases
used in this ORDINANCE shall be interpreted to give them the meaning they have in common
usage and to give this ORDINANCE its most reasonable application. The following specific words
or phrases in uppercase letters shall have the meanings as stated in this Section.
LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any
BASEMENT. Any floor used for living purposes which includes working, storage, sleeping,
cooking, and eating or recreation, or any combination thereof. This includes any floor that could
be converted to such a use, such as a BASEMENT. Any unfinished or FLOOD-resistant
enclosure, usable solely for parking of vehicles, BUILDING access or storage in an area other
than a BASEMENT area, is not considered a BUILDING'S LOWEST FLOOR; provided that such
enclosure is not built so as to render the STRUCTURE in violation of the applicable nonelevation
requirement of 44 CFR 60.3.
Add: CRAWL SPACE: shall mean any unfinished area of a building having its improved or
unimproved floor subgrade (below ground level) on all sides and the interior height of which,
measured from the lowest interior grade to the highest point of the foundation, is four (4) feet or
less. CRAWL SPACE shall be constructed to be in compliance with FEMA Technical Bulletin
(TB) 11.
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Amend Sec. 23-11-330. Duties of FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the FLOODPLAIN ADMINISTRATOR shall include, but not
be limited to, the following:
A. Per 44 CFR 60.3(b), maintain and hold open for public inspection all records pertaining to
the provisions of this ORDINANCE, including the actual elevation in relation to MEAN SEA
LEVEL of the LOWEST FLOOR, including BASEMENT, of all new or SUBSTANTIALLY
IMPROVED STRUCTURES and FLOODPROOFING certificates as required by this
ORDINANCE.
Remainder of Section - No Change.
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 through I - No Change.
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 ELEVATION that existed prior to
the placement of FILL.
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 NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are
located in SPECIAL FLOOD HAZARD AREAS designated as Zone A (Approximate Floodplain):
A. Per 44 CFR 60.3(b) and CWCB FLOODPLAIN Rule 11, all NEW CONSTRUCTION or
SUBSTANTIAL IMPROVEMENT of any residential STRUCTURE shall have the
LOWEST FLOOR (including BASEMENT) ELEVATED a minimum of one (1) foot above
the BASE FLOOD ELEVATION. Upon completion of the STRUCTURE, the elevation of
the LOWEST FLOOR, including BASEMENT, shall be certified by a registered Colorado
land surveyor. The certificate shall utilize FEMA's Elevation Certificate and must include
all information requested on the Elevation Certificate.
B. Per 44 CFR 60.3(b), with the exception of CRITICAL FACILITIES, all NEW
CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any commercial, industrial or
other nonresidential STRUCTURES shall either have the LOWEST FLOOR (including
BASEMENT) ELEVATED a minimum of one (1) foot above the BASE FLOOD
ELEVATION or, together with attendant utility and sanitary facilities, be designed so that
at one (1) foot above the BASE FLOOD level, the structure is WATERTIGHT with walls
substantially impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads and the effects of
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buoyancy. A registered professional engineer or architect licensed in the State shall
develop and/or review structural design, specifications and plans for construction, and
shall certify that the design and methods of construction are in accordance with accepted
standards of practice.
Remainder of Section - No Change.
Amend Sec. 23-11-380. Specific standards for FLOODPLAINS with BASE FLOOD
ELEVATIONS (Zones A1-A30, AH, AO and AE).
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
NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL
FLOOD HAZARD AREAS designated as Zones A1-A30, AH, AO and AE:
A through D - No Change.
E. Per 44 CFR 60.3(c), Zone AO (shallow flooding) areas can be located within the SPECIAL
FLOOD HAZARD AREA. These SPECIAL FLOOD HAZARD AREAS are associated with
BASE FLOOD depths of one (1) to three (3) feet where a clearly defined CHANNEL does
not exist and where the path of FLOODING is unpredictable and where velocity flow may
be evident. Such FLOODING is characterized by ponding or sheet flow. The following
provisions shall apply:
1. All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS of residential
STRUCTURES shall have the LOWEST FLOOR (including BASEMENT)
ELEVATED above the HIGHEST ADJACENT GRADE at least one (1) foot above
the depth number specified in feet on the FIRM. If no depth number is provided on
the FIRM, the LOWEST FLOOR (including BASEMENT) shall be a minimum of
three (3) feet above the HIGHEST ADJACENT GRADE. Upon completion of the
STRUCTURE, the elevation of the LOWEST FLOOR, including the BASEMENT,
shall be certified by a registered Colorado land surveyor. Such certification shall be
submitted to the FLOODPLAIN ADMINISTRATOR.
2. With the exception of CRITICAL FACILITIES, all NEW CONSTRUCTION or
SUBSTANTIAL IMPROVEMENT of any commercial, industrial or other
nonresidential STRUCTURES shall either have the LOWEST FLOOR (including
BASEMENT) ELEVATED to a minimum of one (1) foot above the BASE FLOOD
ELEVATION (at least three [3] feet if no depth number is specified) or, together
with attendant utility and sanitary facilities, be designed so that, at one (1) foot
above the BASE FLOOD level, the structure is WATERTIGHT with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the
effects of buoyancy. A registered professional engineer or architect licensed in the
State shall develop and/or review structural design, specifications and plans for
the construction, and shall certify that the design and methods of construction are
in accordance with accepted standards of practice.
Remainder of Section - No Change.
Division 6 Violations and Penalties
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Amend Sec. 23-11-430. VIOLATIONS and penalties.
The enforcement of Article XI shall be in accordance with Article X of this Chapter.
Delete Sec. 23-11-440. Criminal penalties.
Delete Sec. 23-11-450. Equitable relief in civil action.
Delete Sec. 23-11-460. Civil penalties.
Renumber subsequent Sections.
CHAPTER 24
SUBDIVISIONS
Amend Sec. 24-1-30. Statement of ur ose.
p p
The purpose of this Chapter is to achieve orderly and efficient development by:
A through N - No change.
O. Restricting or regulating building in special flood hazard areas, shorelands, areas
covered by poor soils or areas poorly suited for building or construction.
Remainder of Section - No change.
Amend Sec. 24-7-110. Sketch plan storm drainage requirements.
A and B - No change.
C. The sketch plan drainage report shall be in accordance with the following outline and
contain the applicable information listed. Failure to comply with the provisions of this
Section may result in the report being rejected for review.
1 through 4 - No change.
5. A general description of the drainage basin and sub-basins, including:
a. The reference of any major drainage way planning study, such as master
drainage basin planning studies, flood delineation reports and flood
insurance studies or maps, if available. The design will conform with the
South Weld 1-25 Corridor Master Drainage Plan if the site is within the
identified basins.
Remainder of Section - No change.
Amend Sec. 24-7-150. Special Flood Hazard Area.
If a subdivision or portion of a proposed subdivision is located in a Special Flood Hazard
Area, all applicable regulations of Chapter 23 of this Code shall be met.
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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 Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and
subsections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections,
and subsections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2014-7 was, on motion duly made and
seconded, adopted by the following vote on the 14th day of July, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Douglas Rademacher, Chair
Weld County Clerk to the Board
Barbara Kirkmeyer, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Mike Freeman
County Attorney
William F. Garcia
Publication: May 7, 2014
First Reading: June 2, 2014
Publication: June 11, 2014, in the Greeley Tribune
Second Reading: June 23, 2014
Publication: July 2, 2014, in the Greeley Tribune
Final Reading: July 14, 2014
Publication: July 23, 2014, in the Greeley Tribune
Effective: July 28, 2014
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