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HomeMy WebLinkAbout1978-01-23 (Special) Meeting Agenda• • - 0 CITY COUNCIL MEE TI NG-January 23 , 197 8 SPECIAL • • • SPECIAL MEETING • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 23, 1978 The City Council of the City of Englewood, Arapahoe Co unty , Colo r ado, met in special session on January 23 , 1978, at 7 ·30 p.m . Mayor Taylor, presi d ing . called the meeting to order . The invocation was given by Councilman Donald Smith . The Pledge of Allegia nce was led by Mayor Taylor . Mayor Taylor asked fo r roll call . Upon a call of th e roll, the following were present : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . Absent: None . The Mayor declare d a quorum present. Also present we r e: City Manager Mccown City Atto r ney Berardini Director of Community Developme nt Wanush Assistant Director of Community Development Romans Director of Public Works Waggoner Deputy City Clerk Watkins ****** COUNCILMAN SMITH MOVED TO OPEN THE PUBLIC HEARING ON THE ORDINANCE FOR FINAL READING CONCERNING THE REPEALING AND RE-ENACTING OF THE FLOOD PLAIN ORDINANCE. Councilman Weber seconded th e motion. Upo n a call of the roll, th e vote r esulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Mayor declared the motion carried . ****** • I • • • January 23, 1978 Page 2 • • • City Manager McCown stated that the purpose of the meeting was to consider an ordinance that would r epeal the old floo d plain ordinance adopted in 1971 and enact a new flood plain ordinance, definitions, e tc. City Manager McCown stated that the changes i n the ordinance were made necessary be ca us e of the changes in the r egulations regarding flood plain insurance as administered by the Federal I nsura n ce Administration. City Manager McCown introduced Mr. Doug Gore, the local Fe d eral Insurance Administration representative, to give the Council some background on the changes and the purpose of having flood plain insu ran ce . City Manag e r Mccown also stated that Director of Community Development Wanush would follow Mr. Gore to r ead through the ordinance in detail and point out the significant cha nges in the ordinance . Mr. Doug Gore, Flood Plain Management Specialist fo r the Federal Insurance Administration, 4645 S. Norfolk Way, Aurora, appeared before the Co un cil . Mr . Gore gave a brief history about the national flood insu rance program, its purposes and how the program related to the City of Englewood. Mr. Gore stated this was the first time since 1971 that the gove rnment has require d changes in the o rd inance and the a doption of the c hanges are necessary for co ntinuation in the flood insurance program. Councilman Mann asked Mr . Gore to explain what the change s were since Mr. Gore had indicated that th e present ordinance was in some ways too restrictive ; and why the City had 90 days to change it . Mr. Gore stated that the present ordinance does not allow fo r a ny development period if interpreted in the strictness sense; do es not meet the water and sewer requireme nts ; does not provide fo r the tieing down of mobile homes; does not require all new construction to be elevated above the 100 year flood plain elevation; and does not provide fo r any flood proofing. Mr. Gore stated that the new ordinance requires permits to develop a flood plain area including the placement of mobile homes and prefabricated buildings ; it requires that all permits be reviewed by the stipulated governmental bodies; and it requires that all permits be reviewed to assure that sites are protected against flooding and the attendant problems of flo oding. In answer to Mayor Taylor's question, Mr. Core stated that present policy holders could r e new their coverage and new policies could be pur- chased if the Council passed the ordinance. If the Cou ncil chose not to pass the ordinance, then no new policies could be purchased and all floo d coverage would discontinue after each policy expire d. ****** In answer to Councilman Clayton's question, Mr. Core stated that if the Council passed the ordinance then present policy holders would be allowed to renew their policies even though their existing structures did n ot comply with the new regulations set forth in the proposed ordinance , i.e. grandfathered in . Howev e r, Mr . Core stated, if the present policy holders decided to add onto their structures, the addition would have to • I • • • January 23, 1978 Page 3 • • • meet the new r egulations. Mr. Gore also stated that all ne w development in the floo d plain area would have to comply with the new regulations. Mr. Gore agreed with Councilman Smith's stateme nt that if the City passed th e ordinance then people living in the flood plain are a who do not have a policy can purchase a policy without c hang i ng the existing structure . Councilman Mann, Councilman Smith, Mr. Gore and Director of Community Development Wanush discussed the map upon which the flood plain area is based; why some areas have been eliminated; and the need fo r some changes i n the map. Mr. Gore presente d a report on the elevation survey of the flood plain area and explained the survey to Councilman Mann. Councilman Mann accepted the report as another basis for determining the flood plain area . * * * * * * Director of Community Dev elo pment Wanush appeared before the Council . Director Wanush stated that the City has not issued building permits contrary to City ordinance as was indicated ea rlier in this meeting . Director Wanush stated that his interpretation of the ordinance certainly allows for construction in the flood plain area under ce rtain conditions and all permits that have been issued fall within the conditions of the ordinance , Director Wanush stated that the recommendations to the Flood Plain Zoning section of the Comprehensive Zoning Ordinance, Article 22.4b, nave b ee n recommended by the Planning and Zoni n g Commission as a result of a public hearing that was held December 27, 1977. Director Wanush en t e red into the record Certification of Posting of forty-three signs that were placed in various locations throughout the flood plain. Director Wanush stated that notice of public h earing was published on Januar y 4, 1978, and the City Clerk's office has record of publication, ln answer to Mayor Taylor's qu estion, Director Wanush stated that the signs were post ed seventeen days prior to this public hearing, whereas, the require ment is fifteen days prior, Director Wanush stated that there were four major changes in the ordinance: 1) the effect of the amendments add some severe r es tri c tions on the existing mobile homes parks when a unit is replaced; 2) administration of the permits are e xp e dit e d because the process has bee n streamlined; 3) deta il variance procedures are added; 4) the City is officially adopting the map that has be e n approve d by the Flood Insurance Administration, • I • • • January 23, 1978 Page 4 • • • Director Wanush read through the proposed amen dm ents with the Council and stated that the bulk of the changes reflect the concern of the citizens heard at the public hearing, particularly r e mov i ng any reference to the meaning of a floodway , * * * * * * Mayor Taylor declared a recess at 8:30 p.m. during which time copies of the proposed amendments were made and passed out to the people in attendance. The Council reconvened at 8:40 p.m. Upon a call of the roll, the following were present: Council Memb ers Williams, Weber, Smith, Harper, Clayton, Mann, Taylor, Absent: None. The Mayor declared a quorum present, * ***** Copies of the proposed amendments are entered i nto the record by Director Wanush, Director Wanush continued and comple ted the presentation of the proposed amendments to the Comprehensive Zoning Ordinance as they relate to the flood plain area. Mayor Taylor asked if the Council had further questions for Director Wanush or Mr. Gore before he requested questions f rom the audience, In answer to Councilman Mann's question, Mr. Gore stated that the fede ral agency would not allow a ninety day moratorium to consider the ordinance, and the Council has until February 20 to decide whether or not to pass the ordinance and continue in the program; otherwise, the City will be suspende d from the program, ****** There were no further questions from the Council at this time . Mayor Taylor asked if anyone in the audience wished to speak in favor of this ordinance. Micheal DiManna, attorney, appeared before the Council . Mr. DiManna stated that he was here on behalf of his clients who have existing building per- mits bas e d upon th e old ordinance. Mr. DiManna asked if the Council passed the proposed ordinance at this meeting would his clients have to comply with the new ordinance or would compliance under the old ordinance suffice to commence constru ction . • I • • • January 23, 1978 Page 5 • • • Director Wanush r eplie d tha t compliance und e r the old o r d i nan ce wou ld be sufficient an d the builders could still obtain f l oo d insura nc e . Maurice Jones, 502 0 S . Washington, appeared befor e Counc i l and s t at e d that he cou l d not see how a n yo ne living in th e a r ea could ob jec t to th e passage of this ordinance. Mr. Jones state d that th e insurance polic ies are not mandatory; th e ordinance only provi des for the option of the p r o pe rt y owner to bu y the c ove r age . In answe r to Mr. Jones's qu estion, Di r ec tor Wanush stated that the Building Departme nt would be r espon sibl e f or inspecting the site and provid i ng the r e port to the Director of Commu nity Development; a nd assu r e d Mr. Jones that the City presen tly has the exper t ise to e nfor ce total com- plian ce . Mayor Taylor asked if th e r e was any on e else in the a ud ie n ce wish- ing to speak in favor of th e ordinance. No one r eplie d. " * Mayor Taylor asked if there was a nyone in th e a ud ienc e wish i n g to speak against th e o rdinance . Lee R. Jones, 2047 S. Cherokee , appeared befor e Counc i l and s tate d that he was speaking on behal f of th e me mbe rs of CONSENSUS . Mr. Jones s t a t e d that th e ordinance should be r e published becaus e of the num e rous changes that are proposed . In answer to Mr. Jones's question about Council bei ng fo rced to am end th e o rd i nan ce when e v e r the federal government i ssues new regulations, Dire ctor Wanush stated that the Co uncil has the choice of adopting the amend- m~nc s to the o rd inance o r withdrawing from the program. 1\1 7 1. ~ouncilman Smi th po in t e d out that this was the first change since Mr. Jones then i nquired abo ut s t ipulations placed on lending institutions loaning mon e y to the p r ope rt y own e r s in a f lood plain if they did not compl y with all the fe de r al regulations. Mr . Gore e xpla ine d that when a commun ity participates i n th e f lood i nsuran ce program, the purchase of flo od i ns uran ce is required and a loan can De obta ined f rom conve ntio nal ins titutions, th e FHA o r the VA . Mr. Go r e stated that the types of stipulations that Mr . Jones r efe rred to d i d not apply to th e Ci t y of En glewo od a t th is time b ecau se the City is part icipa t i ng in the program and the City ha s had a map approved by the FIA fo r a min i mum of on e year . Mr . Gore stated that if the City chose to withdraw from the pro- gram, only conventional loan s co uld still be obtained; how e ve r, the loan g r a nt wouLd be at the d i scre tion of the banke r. Mr. Gore a lso stated that if the City wi thdre w f r om the program th e City would not be eligi ble for federal d is a ste r assistance • • I • ( • • - ' ------- • January 23, 1978 Page 6 Mr. Jones requested that any amendments to the map be initiate d as soon as the new projects, i .e. Holly Dam, etc., are completed to facilitate tne riling of an accurate map with the FIA, ln reply to Mr . Jones's question to r e publish the ordinance because or cne magnitude of the changes, City Attorney Berardini stated that he thou gh t the changes were subsistent in nature and the ordinance should probably be r epu b- lished. City Attorney Berardini advised th e Council of two alternatives in handl i ng this matter . City Attorney Berardini stated that the Council could continue the public hearing, r epublish the ordinance with the adopted changes and reintroduce the bill; or, the Council could adopt the ordinance at this meeting and order the publication of the ordinance in full with the adopted changes. Upon Councilman Weber's request, Mr. Gore restated that if the City decided not to participate in the program, then the City would not be eligi ble for any recovery loans or grants from the federal government upon the e vent of a presidential declared disaster. Upon Councilman Webe r's r eq uest, City Attorney Berardini defined the me aning of the e mergency clause in the ordinance , Mr . Tom Watson, 3235 S. Fox, appeared before Council and posed a question on what constitutes a flood plain area and requested an expla nati on on why some areas are exempt . Councilman Smith stated that the Planning and Zoning Commission is looking i nto the inclusion of th e e xempt areas onto the flood map . Mr. Gore explained that the flood elevation is the height the water would attain in the e vent of a 1 0 0 year flood, In reply to Mr. Watson's question on r e quirements for rebuilding his structure in the event of a flood, Director Wanush stated that the vari- ance procedure section of the ordinance would allow Mr . Watson to rebuild his structure similar to the one that was destroyed even if the structure is 50 % destroyed. Larry Nowacki, 701 W. Hampden Ave., appeared before Council and questioned the language of the ordinance . Mr . Nowacki presented a copy of fe deral r egulations dat ed March 25, 1977 concerning insurance purchase r equi r e ments in the floo d i nsurance program . After a lengthly discussion, it was determined that the federal regulations su bmitt e d by Mr. Nowacki had been superceded by President Ca rter's action in November, 1977, and we re not pertinent at this time . Mr. Nowacki stated that there were se ve ral inaccuracies on th e flood plain map. One e xample , Mr. Nowacki stated, was that the location of the Englewood Sewer Plant was in an area that is subjec t to the 100 year flood . Direc tor Wanush r equeste d Mr. Nowacki to show evidence that the sewer plant is in the 100 year flood plain, • I • • --'--~- January 23, 1978 Page 7 • • • Mr. No wa c k i r e pl ie d that that information would have t o come f r om the Urban Drainage District. Mr . Nowacki s tat e d tha t it was his opinion that any wate r that would flo w ov er Dartmouth on the north side would have to flow into the sewer plant a r ea . Di r ec tor Wanush we lcome d any s uspected i na cc uracies as th ey r ela t e t o th e fl ood plain map t o be checked out a nd corrected . Mr. Nowacki expressed con ce rn over th e lack of a d efinition f or a flo odway and limited r eference made to a f loodwa y in the ordinance. At t he r e quest of the Council, Mr. Go r e e xplai ned the mea ning or a r egulatory f loodway and how th e FIA d e rive d a t deterimi ni ng the 100 year floo d plain . Gerri Von Frellick, 10950 W. 26 th Av e ., Lakewood, appeared befor e the Council and d iscuss e d h is opinion of the impact on the community if th e Counc i l decided to pass th e ordinance . Mr. Von Frellick stat e d that th e Ci t y of En glewoo d would be tak i ng on a "senio r partner, i.e . th e fe de r al governme nt " who would d ic tate zon ing changes fo r the City and the Co un cil needs more time to consider th e o rd i nance and the proposed c ha nges . Mr. Von Frellick also stated that the Council appears to in a controve rs y ove r th is ordinance when i t should be conce rne d with Little Dry Creek. Mr. Von Fr ellick t urther s tated that bus i ness ess wi l l not be attracted t o th is area if th ey d iscover the area to be i n a f lood plain and analyze the risks involved mon e t a r ily . City Manager McCown asked fo r Mr. Von Fr ellick's opinion agai n on why wo uldn't a d e ve loper bui l d und e r th e new ord i nan ce w~e n h e al r ea dy has to conform to the old ordinance, Mr. Von Frellick r e plied that th e controversy has be e n beco me exaggerated and will dramatize th e effect of the a r ea bei ng in a flood plain ; consequen tly, d evelopment will decline a nd the downtown area will continue to be a blight a r ea . Councilman Smit h r efute d man y of Mr . Von Frellick 's co mm ents pa r ticularly the ordina nce requiring the business owners in the downt own a r ea to r econstruct their bu sinesses in order to conform to th e new r e- gu la t ions becaus e the va r ia nce procedure provi de s fo r th e cond itions of r econs truct ion . Co un cilman Smith also r ef ut e d Mr. Von Frellick's co mm e nt s on th e ins ura nce rat es and coverage availability. Councilman Smith s t ated that as fa r as he was a war e CO NSENSUS was the only g r o up exp r essing op po si·- tion to th is ordinance and the only group implying that a controversy exis t e d. Mayor Ta y lor asked if there was anyone e l se wi s hing to speak on the ordinance ei th e r in favor o r agai nst, Directo r of Public Works Wa ggo ner appeared befor e Council and presented to Council fo r their information a boo klet on the majo r drainage • I • • • January 23, 1 978 Page 8 • • • mast e r plan fo r Big Dr y Cr eek which is essentially the same as t he one that will be drawn up fo r Li ttle Dry Cr eek both being in the flood plain area . Director Waggon e r s tat ed that the term floo dw ay is defined in the bookle t. Mayor Taylor as k e d if there wa s anyone else wishing to s peak on th e ordinance either in favo r o r agai ns t . No one r e plie d . COUNCILMAN MANN MOVED TO CLOSE THE PUBLIC HEARING. Councilman Weber seconded the mot ion. Upon a call of th e r oll, the vot e r es ulte d as f ollows: Ayes : Council Memb e r s Smith, Harper, Clayton, Mann, Will iams , We be r, Taylor . Nays : None. The Mayor declared th e moti on car r ied . ****** Mayor Ta ylor dec lare d a r ecess at 10:50 p.m . Ma yo r Taylo r stated that th e Council will go into an execut i ve session following the r ecess then r econv ene to an open mee tin g. The Council reconvened at 11:20 p.m . Upon a call of the r o ll , th e following we r e present : Council Members Wil lia ms, Web er, Smith, Harp e r, Clayton, Mann, Ta y lor. Ab se nt: Non e . Th e Mayor declared a qu orum present . ****** INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHO RITY ORDINANCE NO . 2, SERIES OF 1978 AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 22 .4B , AND AMENDING CHAPTER 22 .8 ENTITLED, 'FLOOD PLAIN (FP)', AND 'DEFINITIONS' RESPECTIVELY, RELATING TO THE IDENTIFICATION OF AREAS OF SPECIAL FLOOD HAZARD; AND ADOPTING BOUNDARY MAPS THEREFOR· PROHIBITING CERTAIN USES DANGEROUS TO LIFE AND PROPERTY WITHI SAID AREAS ; RESTRICTING USES HAZARDOUS TO PUBLIC HEALTH ; REQUIRI G THOSE USES PERMITTED IN FLOOD PLAIN DISTRICTS TO BE PROTECT ED AGAI ST FLOODS BY FLOOD PROOFING; REGULATING THE DESIGN AND METHOD OF CONSTRUCTION OF ALL STRUCTURES WITHIN SAID DISTRICT AND GENERALLY TO PROTECT THE PUB LIC FROM THE BURDEN OF EXTR AORD IN ARY FINANCIAL EXPEN DIT URES IN A MANNER CONSISTENT WITH REASONABLE FLOOD PLAIN MANAGEMENT AND TO PRESERVE THE WAT ER CARRYI NG • I • - • January 23, 1978 Page 9 • • • -~ CHARACTERISTICS AND CAPACITIES OF WATER COURSES BOTH NATURAL AND ARTIFI CIAL FOR THE CONVEYANCE OF STORM AND FLOOD WATERS; AND DECLARING AN EMERGENCY . COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 2, SERIES OF 1978 WITH THE ATTACHED AMENDMENTS AS INTRODUCED BY THE PLANNING AND ZONING COM- MISSION ON FINAL READING. Councilman Clayton seconded the motion. COUNCILMAN WEBER MOVED TO POSTPONE ACTION ON ORDINANCE NO. 2 , SERIES OF 1978 UNTIL MARCH 20, 1978. Councilman Mann seconded the motion. COUNCILMAN SMITH MOVED TO SUBSTITUE COUNCILMAN WEBER'S MOTION TO POSTPONE ACTION UNTIL FEBRUARY 21, 1978. Councilman Smith's motion to substitute Councilman Weber's motion died f or lack of a second. Upon a call of the roll, the vote on Councilman Weber's mot ion resulted as follows: Ayes: Nays: Council Members Williams, Weber, Mann, Taylor. Council Members Smith, Harper, Clayton. The Mayor declared the motion carried. * * * * * * In response to City Manag e r McCown's question, City Attorney Berardini stated that the ordinance would be published in its amended form when the Council acts upon it. * * * * * * COUNCILMAN CLAYTON MOVED THE FOLLOWING APPOINTMENTS TO THE BOARDS AND COMMISSIONS BE MADE: BOARD OF ADJUSTMENTS AND APPEALS -HOWARD BROWN -4 YEAR TERM -CHESTER HALLAGIN -1 YEAR TERM WATER AND SEWER BOARD -RUDDY WITTHUS -FULL TERM ELECTION COMMISSION -BETTY KEENA -FULL TERM PLANNING & ZONING COMMISSION -ED DRAPER -FULL TERM -RICHARD MCCLINTOCH -FULL TERM LIBRARY BOARD -FULL TERM -PAUL BUSCH FIREMEN'S PENSION BOARD -FULL TERM -OLIVER GISEBURT EMPLOYEE RETIREMENT BOARD -FULL TERM -JOHN NEAL • I • - • • January 23, 1978 Page 10 • • • Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. 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I • • • • RO LL CALL Moved Seconded Ave Nav Absta n Absent 1----4----~-=Sm::..:.11.::.:ti~.:....' _c.._V __ 4-_-4-_---+----4-----I Hara~r Clavton -:1 -,. n /71 U/-<'; ~ {:,,;)f ..; I A j C X, l tlJ ~ "\IJ ~ u,u. 0: +1 - r fJ J~·,; k ,,; ~ ./ , 4 u u _;_ A 1)-t z-~ I '£ .,.()I~ . . --d O 'fo ~ /) 1 ki;t. I • l{.,., j n.,..... • J1 () ,; t .x:rt7v I Z".u 4~ P-<-• 7,~ ,L· I I£. > y <J d:.,,' (_,; 7o I I/ I-) (/ J ~~ . ( ; I --( ;._ ~ii' ~,( 'J -A / ~ ~ J , ~). ,rl I .~ic,-O_A /< / u I nu. &t-(.. /1/J~ ll },) vuv,J~~ }~ U ~· > j {L fl.I- • I- I • • • • • Moved Seconded Ave Wifn r ir.s -~r-Nav Abstain Absent Ll-'--~ Sm1t r. ~ HarD1•r Clavton Mann May or Ta y]_:?U ', /V ~ d) J..t ; t --; -(, .,._ V • I 'I '·'' u ,,. ' .,r ., >' , t '· I~ t r ' tt..c lu • 4 • f V -(,1 )\ z.,." ;. ) • ~'J I I v~/ '-<. '(' i . ") , .. :7 I I >' u ' ) • I . • • • • - ' --- RO LL CALL H ed S ov d d ec!)n e A we N av Ab sta n Ab t sen Wifli ?Jr.S---:i IJohor I Sm1tr, V -Haro!rr_ Clavton Mann : Ma.~~r Ta y)_?Ll /J 2 / 1 , 1 -u ' I u p ~7.. '/. V / / J , '" J I '/ , • I I ,I -J V t lllt~-ci , J,,, r '.I.,( (J -~j v ,;4a-u..-u, .I ) (+ / -('? L(r I ' , A. /I 1 1-: ~ 1 Ii ~ I ,,. ~ ~-~ t.,{ ~~ ' µ c.-/.. C) 't.f H ..:l /-.; b/ 0_ ~ ._/ {)) @ '(71 I •~ v) ~ -, ) ,4. ~ lt ')' • £p , ~ >V 'I...( fi /,I/- J t "" ~ ,;.., t.,I --( ~ ,._, ti-<' d.:...-· • " . •• .t. ,I ( \. • !I •/' <.. / k .--_; • I • • - • H d S ove d d econ e () I I ( f 1.., - ii) ;1) ~ ~ fa1~ ~II I. J I I' ,(J'..J -..J , ) I ~ I ,.., ~ ./ / I f /\..: \ .t I , • • • • ROLL CALL A ve Nav A bsta1n Ab sent W11 1 i i'JT:S -:r tJ .. h .... i :im1tn v--1-larn,>r Clavton Mann I Mav~r Ta y)_:U -(f n .I I .,, "l (.,/__~ t1 '-' P. u) I , n ,JZ..,d, ~, / , ' ~) , ,_._ ) ) ) >"'.Jv -, I .,l "' ;' • JI; .,/ !'.J (} ~ 1, t /1 '/ V ;I I . • - • • • • ---~----'---~~=-'-==-======"""'======: • Moved Sec~nded "'"'A.._ ve=--.--'N.;.;;a.,1 v_-'-'Ab;;:.;sa..;t:.::.a.a.:1 nc.:....,..--"A.:.::b:.::.se=-=n""'ta......_ Wi11i?~S '°~~+---+-----,l--------1 IJ .. h.... -··; sm1tr, ,._..-1--------~'-";;.;_;._;;;;.:_.c.._. ___ • ___ ,1--_~----i------• ~~rD!!f_ Clavton~--+----+---+------'-------1 Mann ' 1--------~1-... M,=-ay_.or Tay)_~U--+---+-----,l--------1 / /. , ; ;;._ u. /.A I t . )_ ?) I) M -' J) i~U I "--_, J JO ~ ))1 1 lh3--I ~ I ,...) -I I .<..1. • .t' 'Y ' J -» ~<..f '-' p ,r:::....,-c/Jr ) ../ ~ f l t7z;....,,(_,,( 1 f J • I . • • -• • l CALL Med S ndd OY ec~ e A 1ve Na IY Abt 1 s a n Ab t sen 1,--:Wi 1' 1 n·s _J '- L;" 1.1 .. i.. .. r I 1..- :,m1tn V I/ -Haroer I/" Clayton ~ V Hann I I~ ~Ma.'for Tay]_::r ·1 .,, • • I . • • • • • RO LL CALL M ed S OV d d econ e A 1ve N av Ab sta n Ab sent Wi1 1i?Jr.S _J u .. t-. .. r :,mitn y -a.la .. n<>r Clavton Mann p,ir~~r Ta y]_?r-· l!J ,_ , /, J, >.. /?.) cJ \J /0 ; 50 I f _,lj_ Ii ·t. I I . ,/ ~ • /• ._.,, , I I J (» '-' V. I • • • • • -• • Moved Sec:>nded Ave Nav Abstain Absent WiPii'r.:s _J ..--- u .. h,.,. &,,'" :im1tr, v --~ .... n .. r c...-- Clavton -Hann i-- Ma yor TayJ_~r ·1 ,_ C, • I . • • • • - • • ROLL CALL "eel s dd OY et()n e A we N av Ab sta n Ab t sen Wil 1 'f;,ms 1 W1>h1>r ---, ,/ :,m1tn v ___ -l.l'lrDtt_ V Clavton Mann I Mavor Ta y]-'.?Ll -:ff J..J f (J 4 /~ C- --..JJ /, 7;_ le/~,J ) /? {.tJj I) I. }-~o ti I) I )1 ')' , G • I . • • • • -• • ROLL CALL Moved Sec'Jnded Ave Nav Abt 1 s a n Absent WilTii''"s·--~J WfthM• :im1tn V -M,-rn~r Clavton Mann .I "'!!Y.Or Ta x~_0 Ll D I r:fl_-µ/ ~ • I . • • • • ROLL CALL Moved Sec~nded Abstafn Absent I . . • • • -• • RO LL CALL Moved S d d ec,n e A we N av Ab sta n Ab sent V Wi 1 1 'f pr.;5 ___ -· ------WPhPr : ....... --SmTin ~ -1-1.,,.n!!!'.:. I,,--,...-Clavton ,,_ Mann ,,...- Mayor Ta y]_?Ll t ~ ;j ; , / ----------------- I ~. /3' d' 0, -1 (_/_Jr, I <l ; , I) .II.,,,(' I 'Vu Uu Y1r1. ~()... X..I (.I /;) ~ /4, //_)A jl-/, < u. .A."d,, j , I . • I, • • • • • RO LL CALL M ed S ov d d ec~n e A ve N av Ab sta n Ab t sen Wi 11 i ?rns .I I Uaha~ I :im1tr, --· Haroer Clavton Mann Ma yor Ta J'.}.?U 1i / .I (; (J I // ,,,,_..,:; ' .\ J ' , Li. 6 -/ ,. ; .., ;,; .._ /J "' I I I I . . • • • • • - M d S ove d d eC()n e A Wi fn ?rns-~T ~ Nav A bsta n Ab sent Wfthft~ ~ I Sm1tr, y -Haro~ Clavton Mann Mayor Ta y]_:r I/,' .1.J~ • I • • • • J J -J1- ~'lA_u dJJ ~Ct //~ 1 • • - 0 I . • • • • • INTRODUCED AS A BILL BY COUNCILMAN SMITH. BY AUTHORIT Y ORDINANCE NO. 1 , SERIES OF 1978. AN ORDINANCE REPEALING AN D RE-ENACTING CHAPTER 22.4B, AND AMENDING CHAPTER 22.8 ENTITLED, 'FLOOD PLAIN(FP) ', AND 'DEFINITIONS' RESPECTIVELY, RELATING TO THE IDENTIFICATION OF AREAS OF SPECIAL FLOOD HAZARD ; AND ADOPTING BOUND ARY MAPS TH ERE FOR; PROHIBITING CERTAIN USES DANGEROUS TO LIF~ AND PROPERTY WITHIN SAID AREAS; RESTRICTING USES HAZARDO US TO PUBLIC HEALTH; REQUIRING THOSE USES PERMITTED IN FLOOD PLAIN ;DISTRICTS TO BE PROTECTED AGAINST FLOODS BY FLOOD PROOFING; REGULAT ING THE DESIGN AND METHOD OF CONSTRUCTION OF ALL STRUCTURES WITHIN SAID DISTRICT AND GENERALLY TO PROTECT THE PUBLIC FROM THE BURDEN OF EXTRAORDINARY FINANCIAL EXPENDITURES IN A MANNER CONSISTENT WITH REASONABLE FLOOD PLAIN MANAGEMENT AND TO PRESERVE THE WATER CARRYING CHARACTERISTICS AND CAPACITIES OF WATER COU RSE S BOTH NATURAL AND ARTIFICIAL FOR THE CONVEYANCE OF STORM AND FLOOD WATERS; AND DECLARING AN EMERGENCY. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 22.4B o f t he Comprehensive Zoning Ordinance, (Ordinance No. 26, S er ies 1963 as amended) is hereby repealed and re-enacted to read as follows: §22.4B-l Legislative Pu r pose and Intent To promote the p~bi±e hea l th, safety and welfare OF THE PUBLIC, to minimize flood losses in areas subject to flood hazards; and to promote wise use of the flood plain, this zone district has been established to regulate the uses within the 100-year flood plain. wi th the £oiiow±ng p~rposes intended. THE AREAS OF SPECIAL FLOOD HAZARD ARE INDENTIFIED BY THE FEDERAL INSURANCE ADMINISTRATION ON FLOOD HAZARD BOUNDARY MAPS AND FLOOD INSURANCE RATE MAPS , WHICH MAPS ARE ON FILE IN THE ENGLEWOOD CITY HALL IN THE OFFICE OF THE CITY CLERK. BY ADOPTING THIS ZONE DISTRICT, THE FOLLOWING PURPOSES ARE INTENDED: (a) To reduce the hazard of floods to life and property through : (1) Proh i biting certain u se s which are ,\ '! I • • • • • • d a ngerous to life or property in time of flood; (2) Restricting uses which would be hazardous to the public health in time of flood; (3) Restricting uses which are particularly susceptible to flood damage, so as to alleviate hardship and reduce demands for public expenditures for relief and protection; (4) Requiring permitted flood plain uses, in- cluding public facilities which serve such uses, to be protected against floods by providing flood proofing and general flood protection at the time of initial construction. (b) To protect flood plain occupants from a flood which is or may be caused by their own, or other, land use and which is or may be undertaken without full realization of the danger, through: (1) Regulat i ng the manner in which structures designed for human occupancy may be constructed so as to prevent danger to human life within such structures; (2) Regulating the method of construction of water supply and sanitation systems so as to prevent disease, contamination and unsan i tary conditions; (3) Delineating and describing areas that could be inundated by flood so as to protect individuals from p urchasing flood plain lands for purposes which are not in fact suitable. (c) To protect the public from the burden of extra- ordinary financial expenditures for flood control and relief by regulating all uses within the flood plain areas so as to produce a method of construction and a pattern of development which will minimize the probability of damage to property and loss of life or injury to the inhabitants of the flood hazard areas. (d) To protect the natural areas required to convey flood flows so that they develop in a manner consistent with reasonable flood plain management. -2- • I • • n - • • • • (e) To protect and preserve the water-carrying characteristics and capacities of all water courses, including gulches, sloughs, and arti fi cial water channe ls used for the conveyance of storm and flo od water. S22.4B-2 Definitions (See §22.8) §22.4B-3 General Provisions (a) Description of District. The Flood Plain District covers that area of the City which is within the 100- year flood plain, which is defined by computing the 100-year flood plain limits under existing channel and flood plain con- ditions. (b) Jurisdiction. The jurisdiction of this Zone District includes all lands adjacent to any watercourse within the City of Englewood that would be innundated by the 100-year flood for that watercourse as defined in the Definitions Section of this Chapter. ~et Bottndaries. ~he bottndaries of the Flood Plain Bistriet shaii be as they appear on Soning Haps on fiie in the Planning Bepartfflent. ~he bottndary lines on the fflap shall be determined by the ttse 0£ the ~eale appearing on the Map. Where there is a eonfiiet between the bottndary lines illustrated on the Hap and actual £ieid eonditions7 the dispttte shall be settled aeeording to cc.3B-?7 nHapping Bisptttesn of this €hapter. (C) FLOOD PLAIN DISTRICT BOUNDARIES. THE BOUNDARIES OF THE FLOOD PLAIN DISTRICT SHALL BE IDENTICAL TO THE AREAS OF SPECIAL FLOOD HAZARD IDENTIFIED BY THE FEDERAL INSURANCE AD- MINISTRATION ON THE FLOOD HAZARD BOUNDARY MAPS FOR THE CITY OF ENGLEWOOD, COLORADO, SHEETS H-01 THROUGH H-04, AND THE FLOOD INSURANCE RATE MAPS FOR THE CITY OF ENGLEWOOD, COLORADO, I-01 THROUGH I-04, DATED JUNE 24, 1977. THE FLOOD HAZARD BOUNDARY MAPS AND FLOOD INSURANCE RATE MAPS PREPARED BY THE FEDERAL IN- SURANCE ADMINISTRATION, ARE HEREBY DECLARED TO BE A PART OF THIS ORDINANCE, AND THE OF F ICIAL MAPS SHALL BE ON FILE IN THE OFFICE OF THE CITY CLERK, ENGLEWOOD CITY HALL , 3400 SOUTH ELATI STREET, ENGLEWOOD, COLORADO. ~dt i£ the Federal insttranee Adfflinistrator has not provided water sur£aee elevation data and has not provided on the basis ef available in£erfflation7 data stt££ieient to identify the fioodway area along the watereottrse within the eity and stteh data is not available, the following ffleasttres shall apply~ -3- • I • • -• • - ~it(d) Applications for Bu ilding Permits shall be re- viewed on a case-by-case basis by the Flood Plain Zoning Ad- ministrator to assure: ~at(l) That the building site will be reasonably safe from flooding. and (2) THAT ALL NECESSARY PERMITS HAVE BEEN OB- TAINED FROM THE FEDERAL, STATE OR LOCAL GOVERN- MENTAL AGENCIES FROM WHICH PRIOR APPROVAL IS REQUIRED. ~ht(3) That where the building site is in a location that may have a flood hazard, all new construction and substantial repairs, improvements, or alterations will be flood-proofed in accordance with the minimum flood-ptoofing criteria speci- fied in S22. 4B-7 (e) (1). (e) Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body. (f) Warning and Disclaimer of Liability. The degree of flood protection intended to be provided by this Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on. occasions, or the flood height may be increased by man-made o r natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that the areas outside of the flood plain area boundaries or land uses permitted within such areas will always be totally free from flooding or flood damages. Nor shall there be liability on the part of, or a cause of action against, the City of Englewood or any officer or employee thereof for any flood damages that may res~lt from rel iance on this Chapter. (g) Effect of Flood Plain Regulations. The regula- tions set forth in this Chapter for the Flood Plain Di strict, shall apply to those lands within the 100-year flood plain as mapped and designated on an THE official FLOOD HAZARD BOUNDARY MAP AND THE FLOOD INSURANCE RATE MAP. Boning Map and shaii he void and 0£ no e££eet in areas not so mapped and designated7 The regulations of this Chapter shall be construed as being supplementary to the regulations imposed on the same lands by the underlying Zone classification. When the Flood Plain District and the underlying Zone District regulations conflict with one another, the most restrictive regulations shall control -4- • I • • • • • - S22.4B-4 Special Provisions. The following regulations shall apply to all uses within the Flood Plain District, notwithstanding that such uses may be specifically permitted under the terms of this Chapter. (a) The flood protection elevation or height shall correspond to a point one foot (l') above the elevation or "Flood Profile" shown on or attached to the zoning Map. . (b) No structure, whether temporary or permanent; fill, including fill for roads and levees; deposit; obstructionJ storage of materials; or other flood plain uses which acting alone or in combination with existing or future flood plain uses, shall be permitted that adversely affects the efficiency or the capacity of the floodway or increases flood heights or adversely affects the storage capacity of the flood plains based on the assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. (c) No flood plain uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or l floodway~ or any tributaries to the main stream, drainage ditcfies, or any other drainage facilities or systems, NOR SHALL ANY WATERCOURSE BE ALTERED OR RESTRICTED UNLESS THE FLOOD PLAIN ZONING ADMINISTRATOR IS ASSURED THAT THE FLOOD CARRYING CAPACITY OF THE WATERCOURSE SHALL BE MAINTAINED. (D) NO STRUCTURE SHALL BE PERMITTED IN THE FLOODWAY. S22.4B-5 Description of Uses. (a) Permitted Uses. The following open uses shall be permitted within the Flood Plain District to the extent that they are not prohibited in a particular area by any under- lying Zone District classification: (1) Agricultural uses such as: general farming and the raising of plants, flowers and nursery stock; (2) Public and private recreational uses not requiring permanent or temporary structures designed for human habitation such as: Parks, swinuning areas, golf courses, driving ranges, picnic grounds, fishing, and hiking and biking trails. -5- • • (;.J ,. ,, 1! l' I • • - • • • • (3) Utility facilities such as: flowage areas, transmission lines, pipelines, water monitoring devices, roadways, and bridges. (4) All uses allowed by the underlying Zone District classification within the Flood Pl ain District shall be permitted as long as the conditions set forth in Section 22.4B-6, Special Bxeeption DEVELOPMENT Permits, are complied with. S22.4B-6 Special Bxeeptien DEVELOPMENT Permits. Any use enumerated in this Section may be permitted only upon application to the Bireetor or Planning end the ieeuenee of e Special Bxeeption Per111it by the eity Planning end Bening eolll!llission FLOOD PLAIN ADMINISTRATOR as provided in S22.4B-7(d), Process to be Followed for Special Exception DEVELOPMENT Permits. (a) Structures Accessory to Open Uses. Structures accessory to open uses permitted in Section 22.4B-5, Description of Uses, whether temporary or permanent, may be permitted only upon a determination by the eity Planning end Bening eelll!lliseion ADMINISTRATOR pursuant to a finding under the procedure required by Section 22.4B-7(d), Process to be Followed for Speeiei Bxeep- tien DEVELOPMENT Permits, that: (1) Structures will not be designed for human habitation; (2) Structures will have a low flood damage potential; (3) The structure or structures, if permitted, will be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters; (a) Whenever possible, structures will be constructed with the longitudinal axis p a rallelet:o the direction of flow of flood wa t e r s , and (b) So far as is practicable, structures wi ll be placed so that their longitudinal axis are approximately on the same line as those of adjoining structures. (4) Structures will be firmly anchored to prevent the structure or building from floating away and -6- • I • • - • • • - thus threatening to further restrict br i dge openings and other restricted sections of the stream or river; and (5) Service facilities such as electrical equip- ment will be at or above the flood protection elevation for the particular area. (6) STRUCTURES WILL BE CONSTRUCTED WITH MATERIALS AND UTILITY EQUIPMENT RESISTANT TO FLOOD DAMAGE. (b) Other Structures, Tern orar or Permanent, to be Occupied by People. Other structures, whet er temporary or permanent, which are to be occupied by people, may be permitted only upon a finding by the €ity Planning and Boning €0111111ieeion FLOOD PLAIN ADMINISTRATOR that: (1) Such structures shall comply with Section (a) (3), '(4), (5) AND ill above. (2) The first floor or basement floor of any structure to be erected, constructed, reconstructed, or moved on or within the Flood Plain DISTRICT ae ehown on an o££ieial Soning Map, shall be constructed at or above a point one (1) foot above the 100-year flood elevation for the particular area and the fill shall extend at such elevation at least fifteen (15) feet be- yond the limits of any structure or building erected thereon. (3) No basement shall be permitted in any residential structure. (c) Fills or Deposition of Materials. Fills or deposition of materials may be permitted only upon a finding by the eity Planning and Sonin,g €0111111ieeion ADMINISTRATOR that: (1) Any fill or deposition of materials will comply with Section 4, Special Provisions, and (2) The fill or deposition of materials will have some beneficial purpose and the amount there- of will not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material ftnd the use to which the filled land will be put; (3) The fill or deposition of materials does -7- • I • • - • • • • not encroach on that portion of the flood plain which would have significant and perceptible flow during the flood, and which for that reason would help convey the flood waters. Any additional filling reduces the hydraulic capacity and re- quires appropriate hydraulic stud i es and a review of the urban impact of such reduction. (4) The fill or other materials will be protected against erosion by rip-rap, strong vegetative cover or bulkheading. (d) The Storage or Processing of Materials. The storage or processing of materials that are buoyant, flanunable, explosive, or in time of flooding, could be injurious to human, animal, or plant life, and shall be at or above the flood pro- tection elevation for the particular area or flood proofed in compliance with See.4B-~fettit S22.4B-8, FLOOD PROOFING, eon ditions Attaehed to Special Exception Permits. Sol i d waste disposal facilities, such as junkyards or areas for the dumping of refuse or the storage of Non-operable vehicles shall not be permitted. (e) MOBILE HOMES. (1) ALL NEW OR REPLACEMENT MOBILE HOMES PLACED WITHIN EXISTING OR NEW MOBILE HOME PARKS OR SUB- DIVISIONS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, SHALL BE ANCHORED TO RESIST FLOTATION, COLLAPSE, OR LATERAL MOVEMENT eY PROVIDING OVER-THE-TOP AND FRAME TIES AS FOLLOWS: (A) OVER-THE-TOP TIES SHALL BE PROVIDED AT EACH OF THE FOUR CORNERS OF THE MOBILE HOME, WITH TWO ADDITIONAL TIES PER SIDE AT INTERMEDIATE LOCATIONS, WITH MOBILE HOM ES LESS THAN 50 FEET LONG REQUIRING ONE ADDITIONAL TIE PER SIDE; (B) FRAME TIES SHALL BE PROVIDED AT EACH CORNER OF THE MOBILE HOME WITH FIVE ADDITIONAL TI ES PER SIDE AT INTERMEDIATE POINTS, WITH MOBILE HOMES LESS THAN 50 FEET LONG REQUIRING FOUR ADDITI ONAL TIES PER SIDE; (C) ALL COMPONENTS OF THE ANCHORING SYSTEM SHALL BE CAPABLE OF CARRYING A FORCE OF 4,800 POUNDS; AND, (D) ANY ADDITIONS TO THE MOBILE HOME SHALL BE SIMILARLY ANCHORED, -8- • I • • • • • (2) AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, ALL NEW MOBILE HOME PARKS AND MOBILE HOME SUB- DIVISIONS AND ALL EXISTING MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS WHICH ARE EXPANDED, OR IN WHICH PARKS OR SUBDIVISIONS THE REPAIR, RE- CONSTRUCTION OR IMPROVEMENT OF THE STREETS, UTILITIES AND PADS EQUALS OR EXCEEDS 50 PERCENT OF THE VALUE BEFORE THE REPAIR, RECONSTRUCTION OR IMPROVEMENT HAS COMMENCED, SHALL COMPLY WITH THE FOLLOWING: (A) STANDS OR LOTS SHALL BE ELEVATED ON COMPACTED FILL OR ON PILING SO THAT THE LOWEST FLOOR OF THE MOBILE HOME WILL BE AT OR ABOVE THE BASE FLOOD LEVEL; (B) ADEQUATE SURFACE DRAINAGE AND ACCESS FOR A HAULER SHALL BE PROVIDED; AND, (C) IN THE INSTANCE OF ELEVATION ON PILINGS: --LOTS SHALL BE LARGE ENOUGH TO PERMIT STEPS, --PILING ~OUNDATIONS SHALL BE PLACED IN STABLE SOIL NO MORE THAN TEN FEET APART, AND --REINFORCEMENT SHALL BE PROVIDED FOR PILINGS MORE THAN SIX FEET ABOVE THE GROUND LEVEL. (3) NO MOBILE HOME SHALL BE PLACED IN A FLOODWAY. (4) NO MOBILE HOME SHALL BE MAINTAINED FOR TEMPORARY OR PERMANENT LIVING PURPOSES UPON ANY PRIVATE OR PUBLIC PROPERTY IN THE CITY OF ENGLEWOOD, COLORADO, UNLESS THE PROPERTY IS REGISTERED AS A MOBILE HOME PARK. (5) THE CITY SHALL ESTABLISH AN EVACUATION PLAN FOR MOBILE HOME PARKS AND FILE THE SAME WITH THE APPROPRIATE DISASTER PREPAREDNESS AUTHORITIES. (f) Similar Uses. Uses very similar in nature to permitted uses may be allowed by the ei~y Piannin~ and Bonin~ €01111!\ission FLOOD PLAIN ADMINISTRATOR, provided that they are consistent with the provisions of this Chapter. -9-• • I • ....... • • - S22.4B-7 Administration. of BE of (a) Flood Plain Soning Administrator. The Director Planning COMMUNITY DEVELOPMENT or his assignee shall adminieter THE FLOOD PLAIN ADMINISTRATOR AND SHALL ENFORCE the provisions this Chapter. (b) Flood Plain Zoning Permit. A Flood Plain Zoning Permit must be obtained from the Flood Plain Soning Administrator before a Building Permit can be issued for any use subject to the provisions of this chapter AND BEFORE ANY WATERCOURSE CAN BE ALTERED OR RELOCATED. IN THE EVENT OF AN APPLICATION RE- QUESTING AN ALTERATION OR RELOCATION OF A WATERCOURSE, ALL AD- JACENT COMMUNITIES AND THE STATE COORDINATING OFFICE SHALL BE NOTIFIED PRIOR TO ANY ACTION. COPIES OF SAID NOTIFICATION SHALL BE SUBMITTED TO THE FLOOD INSURANCE ADMINISTRATION. Cc) Mapping Disputes. The following procedure shall be used by the eity Pfenning and Soning €ollll'llission FLOOD PLAIN ADMINISTRATOR in deciding contested cases in which the location of a FLOOD PLAIN District boundary is disputed: (1) In all cases the person contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the €0111111ission ADMINISTRATOR and to submit his own technical evidence if he so desires. The €ollll'llission ADMINISTRATOR shall not allow deviations from the boundary line as mapped unless the evidence clearly and con- clusively establishes that the mapped location of the line is incorrect. (d) Process to be Followed for Speeial Exeeption DEVELOPMENT Permits. (1) Applicatio~ For. Any use listed in this Chapter as requiring a Speeial Bxeeption DEVELOP- MENT Permit may be allowed only upon application to the Bireetor 0£ Planning and the issuance of a Speeial Exception DEVELOPMENT Permit by the eity Planning and Soning eommission FLOOD PLAIN ADMINISTRATOR. (2) Procedure for Passing on 6peeial Bxeeption DEVELOPMENT Permits. (a) Upon receiving an application for a S~eeiai Exee~tion DEVELOPMENT Permit in- volving the use of fill, construction of structures, or storage of materials, the -10- • I • • - • • • • eolllfflieeion ADMINISTRATOR shall require the applicant to submit the following: (1) Two (2) copies of an aerial photograph of the area, or a plan certified by a registe~ed engineer competent in open charinel hydraulics, which accurately locates the flood plain proposal with .respect to the District limits, channel of THE stream, existing flood plain developments, to- gether with all pertinent information such as the nature of the proposal; legal description of the property; fill limits and elevations; building floor elevations; and flood proofing measures. (2) If it is deemed necessary by the eollllftieeion that they ADMINISTRATOR TO have the elevation of the effects of the proposal upon flood flows and flood plain storage in order to render a decision on the proposed flood plain use, the eofflllliesion ADMINISTRATOR may require the applicant to furnish the following additional information: (a) A typical valley cross-section showing the channel of the stream, the flood plain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development and high water informa- tion. (b) Plan (surface view) showing elevation or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, and soil types and other pertinent information. (c) Profile showing the slope of the bottom of the channel or thalweg of the stream. -11- • I • • - • • • - (d) Spe cif i c a tions for bui lding construction and ma te ri a l s, flood proofing, filling, dredging , g radin channel improvemen t , s tor a ge of materials, wa ter s u pply, a n d sanitary facilities. (3) Decision of €effl111ieeion ADMINISTRATOR to be base on Certa"In-Factors. The determination of the €offl1'11iseion ADMINISTRATOR on each Speeial Exception DEVELOPMENT Permit shall be based on the effects of the proposed project with respect to the o b- jectives and purposes of this Chapter a s st ated in the Statement of Purpose, Section 22.4B-l(a) (1), (2), (3), and (4). (4) The eofflffliseion ADMINISTRATOR shall act on an application in the manner above described within 30 days from receiving the application. (e) Conditions Atlat:hed to Sf1eeial EHeep~ieR DEVELOP- MENT Permits. Upon consideration of the factors listed above and the purposes of this Chapter, the €ity Planning and Honing eommission FLOOD PLAIN ADMINISTRATOR may SHALL atta ch such con- ditions, in addition to those required by the Speeial DEVELOPMENT Permit, as it deems IS necessary in fttrthering TO FURTHER the purposes of this Chapter. Such conditions may include specifi- cations for, without limitatibn because of specific enumeration, modification of waste disposal methods and facilities, landscaping, period of operation, operational controls, sureities, deed re- striction, and adequate flood proofing. §22.4B-8 Floodproofing. Speeial exeeptione reqttiring flood proef ing meaettree stteh as ~,t '" (a) (wHERE FLOOD PROOFING IS DEEMED NECESSARY, SUCH MEASURES following, shall be designed consistent with the flood protection elevation for the particular area as described in the Special Provisions, Section ~4t, 22.4B-4; and flood velocities, forces and other factors associated with the flood protectio n elevation.:,/ The eofflffliseion ADMINISTRATOR shall require that the applicant submit a plan or document certified by a registe red professional engineer that the flood proofing measures are c o n- sistent with the flood protection elevation for the partic ular area. (b) FLOOD PROOFING MEASURES SHALL INCLUDE THE FOLLOWING: ~at(l) Anchorage to resist flotation and -12- I • • - (. • • • • lateral movement. ibr(2) Installation of watertight doors, bulkheads and shutters. ier(3) Reinforcement of walls to resist water pressures. idr(4) Use of water-proof paints, membranes or mortars to reduce seepage of water through walls. ier(S) Addition of mass or weight to struc- tures to resist flotation. i£r(6) Installation of pumps to lower water levels in structures. igr(7) Construction of NEW AND REPLACEMENT water supply and waste treatment systems to prevent the entrance of flood waters INTO THE SYSTEM AND TO PREVENT DISCHARGES FROM THE SYSTEM INTO FLOOD WATERS. ~ht(B) Purnpin9 facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures. ~ir(9) Construction to resist rupture or collapse, caused by water pressure or floating debris. ~jt(lO) Cutoff valves on sewer lines or the elimination of gravity flow basement drains. ~ky(ll) ON-SITE WASTE DISPOSAL SYSTEMS SHALL BE LOCATED TO AVOID IMPAIRMENT TO THEM OR CONTAMINATION FROM THEM DURING FLOODING. §22.4B-9 Certificate of Compliance. (a) No vacant land shall be occupied or used and no building shall be hereafter erected, altered, or moved on the flood plains of any water course, nor shall such buildings be occupied, until a Certificate of Compliance shall have been issued by the Bireeeor-0£-Pianning FLOOD PLAIN ADMINISTRATOR. (b) The applicant shall submit a certification by a registered professional engineer to the Bireeeor 0£ Pianning -13- I • • • - FLOOD PLAIN ADMINISTRATOR th~t the finished fill and build i ng floor elevations, flood proofing measures, or other protecti on factors were accomplished in complinace with the provisions of this Chapter. THIS CERTIFICATION SHALL ALSO STATE WHETHER OR NOT THE STRUCTURE CONTAINS A BASEMENT. Within ten days after receipt of such certification from the applicant, the Biree~or 0£ Pianning ADMINISTRATOR shall issue a Certificate of Compl i ance only if the building or premises and the proposed use thereof, conform with all of the requirements of this Chapter, AND SHALL MAINTAIN A PERMANENT RECORD THEREOF. §22.4B-10 Amen~ments The boundaries of the Flood Plain District shall be subject to periodic review hy ~he eity Pianning and Honing eom- mission and shall be amended in the manner provided by law, to conform with any revised, corrected or additional hydrological data available from Federal, State ·or regional agencies or from a consluting engineer retained by the City. §22.4B-ll Non-Conforming Uses. Existing Non-conforming Uses in the Flood Plain Dis- trict may be modified, altered, or repaired to incorporate floodproofing measures; but such Non-conforming Uses shall not be expanded. ~ereated-by-8rd.-Ho.-3T,-Series-o£-i9Tit §22.4B-12 SUBDIVISION PLATS. (a) ALL SUBDIVISION PROPOSALS SHALL BE DESIGNED TO MINIMIZE FLOOD DAMAGE; (b) ALL SUBDIVISION PROPOSALS SHALL HAVE PUBLIC UTILITIES AND FACILITIES SUCH AS SEWER, GAS, ELECTRICAL, AND WATER SYSTEMS LOCATED AND CONSTRUCTED TO MINIMIZE FLOOD DAMAGE; (c) ALL SUBDIVISION PROPOSALS SHALL HAVE ADEQUATE DRAINAGE PROVIDED TO REDUCE EXPOSURE TO FLOOD DAMAGE; AND, (d ) BASE FLOOD ELEVATION DATA SHALL BE PROVIDED FOR SUBDIVIS ION P ROP OSALS AND OTHER PROPOSED DEVE LOPMENT WHICH CONTAIN AT LEAST 5 0 LOTS OR 5 ACRES WHICHEVER IS LE SS . §22.4B-13 V~RIANCE PROCEDURE A. APPEAL BOARD (1) THE BOARD OF ADJUSTMENT AND APPEALS AS -14- I • • .(_ ( • • • • ESTABLISHED BY THE CITY OF ENGLEWOOD, SHALL HEAR AND DECIDE APPEALS AND REQUESTS FOR VARIANCES FROM THE REQUIREMENTS OF THIS ORDINANCE. (2) THE BOARD SHALL HEAR AND DECIDE APPEALS WHEN IT IS ALLEGED THERE IS AN ERROR IN ANY REQUIREMENT, DECISION, OR DETERMINATION MADE BY THE FLOOD PLAIN ADMINISTRATOR IN THE ENFORCEMENT OR ADMINISTRATION OF THIS ORDINANCE. (3) THOSE AGGRIEVED BY THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, OR ANY TAXPAYER, MAY APPEAL SUCH DECISION TO A COURT OF RECORD HAVING JURISDICTION THEREOF. (4) IN PASSING UPON SUCH APPLICATIONS, THE BOARD SliALL CONSIDER ALL TECHNICAL EVALUATIONS, ALL RELEVANT FACTORS, STANDARDS SPECIFIED IN OTHER SECTIONS OF THIS ORDINANCE, AND: (a) THE DANGER THAT MATERIALS MAY BE SWEPT ONTO OTHER LANDS TO THE INJURY OF OTHERS; (b) THE DANGER TO LIFE AND PROPERTY DUE TO FLOODING OR EROSION DAMAGE; (c) THE SUSCEPTIBILITY OF THE PROPOSED FACILITY AND ITS CONTENTS TO FLOOD DAMAGE AND THE EFFECT OF SUCH DAMAGE ON THE INDIVIDUAL OWNER; (d) THE IMPORTANCE OF THE SERVICES PROVIDED BY THE PROPOSED FACILITY TO THE COMMUNITY; (e) THE AVAILABILITY OF ALTERNATIVE LOCATIONS, FOR THE PROPOSED USE WHICH ARE NOT SUBJECT TO FLOODI~G OR EROSION DAMAGE; (f) THE COMPATIBILITY OF THE PROPOSED USE WITH EXISTING AND ANTICIPATED DEVELOPMENT; (g) THE RELATIONSHIP OF THE PROPOSED USE TO THE COMPREHENSIVE PLAN AND FLOOD PLAIN MANAGEMENT PROGRAM FOR THAT AREA; (h) THE SAFETY OF ACCESS TO THE PROPERTY IN TIMES OF FLOOD FOR ORDINARY AND EMERGENCY VEHICLES; (1) THE EXPECTED HEIGHTS, VELOCITY, DURATION, RATE OF RISE, AND SEDIMENT TRANSPORT OF -15- • I • • - ....,..r-,, _ _..,,...,....~--------- ( • • - ----...-..- THE FLOOD WATERS AND THE EFFECTS OF WAVE ACTION, IF APPLICABLE, EXPECTED AT THE SITE; AND, (j) THE COSTS OF PROVIDING GOVERNMENTAL SERVICES DURING AND AFTER FLOOD CONDI- TIONS, INCLUDING MAINTENANCE AND REPAIR OF PUBLIC UTILITIES AND FACILITIES SUCH AS SEWER, GAS, ELECTRICAL, AND WATER SYSTEMS, AND STREETS AND BRIDGES. (5) VARIANCES MAY BE ISSUED FOR NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS TO BE ERECTED ON A LOT OF ONE-HALF ACRE OR LESS IN SIZE CONTIGUOUS TO AND SURROUNDED BY LOTS WITH EXISTING STRUCTURES CONSTRUCTED BELOW THE BASE FLOOD LEVEL, PROVIDING ITEMS (a-j) IN S22.4B-13(4) HAVE BEEN FULLY CONSIDERED. AS THE LOT SIZE INCREASES BEYOND THE ONE-HALF ACRE, THE TECHNICAL JUSTIFICATION REQUIRED FOR ISSUING THE VARIANCE INCREASES. (6) UPON CONSIDERATION OF THE FACTORS OF S22.4B-l3(4) AND THE PURPOSES OF THIS ORDINANCE, THE BOARD OF ADJUSTMENT AND APPEALS MAY ATTACH SUCH CONDITIONS TO THE GRANTING OF VARIANCES AS IT DEEMS NECESSARY TO FURTHER THE PURPOSES OF THIS ORDINANCE. (7) THE FLOOD PLAIN ADMINISTRATOR SHALL MAINTAIN THE RECORDS OF ALL APPEAL ACTIONS AND REPORT ANY VARIANCES TO THE FEDERAL INSURANCE ADMINISTRATION UPON REQUEST. B. CONDITIONS FOR VARIANCES < • (1) VARIANCES MAY BE ISSUED FOR THE RECONSTRUCTION, REHABILITATION OR RESTORATION OF STRUCTURES LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACE S OR THE STATE INVENTORY OF HISTORIC PLACES, WITHOUT REGARD TO THE PROCEDURES SET FORTH IN THE REMAINDER OF THIS SECTION. (2) VARIANCES SHALL NOT BE ISSUED WITHIN ANY DESIGNATED FLOODWAY. (3) VARIANCES SHALL ONLY BE ISSUED UPON A DETER- MINATION THAT THE VARIANCE IS THE MINIMUM NECESSARY, CONSIDERING THE FLOOD HAZARD, TO AFFORD RELIEF. (4) VARIANCES SHALL ONLY BE ISSUED UPON: -16- • I • • - C ( • Section 2. • • • (a) A SHOWING OF GOOD AND SUF FICIENT CAUSE; (b) A DETERMINATION THAT FAILURE TO GRANT THE VARIANCE WOULD RESULT IN EXCEPTIONAL HARDSHIP TO THE APPLICANT ; AND (c) A DETERMINATION THAT THE GRAN TING OF A VARIANCE WILL NOT RESULT IN INCRE ASED FLOOD HEIGHTS, ADDI TIONAL THREAT S TO PUBLIC SAFETY, EXTRAORDINA RY PUBL IC EXPENSE, CREATE NUISANCES, CAUSE F RA UD ON OR VICTIMIZATION OF THE P UB L I C AS IDENTIFIED IN S22.4B-13(4), OR CO NFLICT WITH EXISTING LOC AL LAWS OR ORD I NAN CE S . (5) ANY APPLICANT TO WHOM A VARIANCE IS GRANTED TO BUILD THE LOWEST FLOOR ELEVATION BEL OW THE BASE FLOOD ELEVATION SHALL BE GIVEN WRITTEN NOTICE T HAT THE COST OF FLOOD INSURANCE WILL BE COMME NSURATE WIT H THE INCREASED RISK RES ULTING FROM THE RE DUC ED LOWEST l"LOOR ELEVATiON. That Chapter 22.B of the Comprehensive Zo ning Or dinance (Ord. #26, Series of 1963, as amended) is hereby a mended by adding new defini tion s as follows: §22.8 DEFINITIONS APPEAL: A REQUE ST FOR A REVIEW OF THE BUILDING INSPECTOR'S OR THE FLOOD PLAIN ADMINISTRATOR'S INTERPRETATION OF ANY PRO - VISION OF TH IS ORDINANCE OR A REQUEST FOR A VAR I ANCE TH E RETO. AREA OF SPECIAL FLOOD HAZA RD: THE LAND IN THE FLOOD PLAIN WITHIN THE C ITY OF ENGLEW OOD WHICH IS S UB J ECT TO A ONE PE RCENT OR GRE AT ER CHANCE OF FLOODING IN ANY GIVEN YEAR . BASE F LOO D: THE FL OOD HAVING A ONE PERCENT CHAN CE OF BEING EQ UALLED OR EXCEEDED IN ANY GIVEN YE AR. Channel: A natu ral or artific ial watercourse o f perce ptible extent, wit h definite bed a n d banks to conf ine and c o nduct continuously or periodically flowing water. Channel f l ow thus is tha t wate r which is flowi ng within the l imi t s of t h e d e fined c hanne l. DEVELO PME NT: ANY MAN-MADE CHANGE TO IMPROVED OR UNIM P ROVED -17- • I • • ( • • - REAL ESTATE , INCLUDING· BUT NOT LIMI TED TO BUILDI~;<GS 0~ 0TH R STRUC TURES, MINING, DREDGIN G, FILLING, GRADI NG, PAVING, EXrAVATIO OR DRILLING OPERATIONS LOCATED WITHI N THE AREA OF SPECIAL r!00D HAZARD. Encroachment Line s: The limits of obstruction to flood flows. These lines are gene rally parallel to the stream. The lines are established by assuming that the area landward (out- side) of t he encroachment lines may be ultimately d'veloped in such a wa y that it will not be avail ab l e to convey flood flows. The stream channel and adjoining flood p lains between the~e lines will be maintained as open space and will be adeq ate to convey the 100-ye a r flood without adver sely increasing one (1) foot. Equal Degree of Encroachment: The d egree of ncroachment established by considering the effect of encroachment on the hydraulic efficiency of the flood plain along a signiflcant reach of the stream on both sides. EXISTING MOBI LE HOME P A ~OBILE HOME PARK EXISTING WITHIN THE CI TY OF ENGLEW OOD ON THE EFFECT IVE DATE OF THIS ORDINANCE OR EXIST ING ON THE DATE OF AN NEXATION WITHIN TERRITORY , ANNE XED TO THE CITY OF ENGLEWOOD SUBSEQUEN T TO THE EFFECTIVE 1 DATE OF THIS ORDINANC E. EXPANSION TO AN EXI STING MOBILE HOME PAR K: THE PREPARATION OF ADDI TIONAL MOBILE HOME SPACES OR THE CONST RUCTION OF FACILITIES FOR SERVICING THE MOBILE HOME SPACE ON WHI CH THE MOBILE HOMES ARE TO BE AFFIXED, INCLUDING THE INSTALLAT ION OF UTILITIES, FINAL SITE GRADING OR POURING OF CONCRETE PADS OR THE CONSTRUCTION OF STREETS. Flood: The water from a river, stream , wa ercourse, lake or other body of stand ing wa ter that temporarily overflows or i nundates adjacent lands and wh i ch may affec t other l3nds and activities through stage elevation backwater, and/or in~reased ground water level . FLOOD INSURAN CE RATE MAP (FIRM): THE OFFICIAL MAP ON WHI CH THE FEDERAL INSURANCE ADMINISTRATION HAS DELI 'E TED BOTH THE AREAS OF SPECIAL FLOOD HAZARDS AND TPE RISK PREMIUM ZONES APPLICABLE TO THE C I TY OF ENGLEWOOD. FLOOD INSURANCE STUD Y: T HE OFFICIAL REPORT PROVIDED BY THE FEDERAL I SURANCE ADMINI STRATION THAT INCLUDES FLOOD PROFILES , THE FLOOD BO NDARY-FLOODWA Y MAP AND THE WAT ER SURFACE ELEVATION OF THE BASE FLOOD. Flood Plain: The relatively flat or l owland area adjoining a river, stream, watercourse, lake, or other body of standing -18- • I • • n n ( ( • • • - wa er uh1ch has been or rn.iv be,.. vE>rcd te. porarily ty flood water. For aclJ'llinis rative pu:::;;,oses, !"c> flood • i defined as the .irC>a that would nu, eatt!d y t'1 .... a r Project lood" (Corns of n"in rsl or the "MJx1mum Prcbable Flood" (""\'A). or as the to al ood 0~1.lf' , 'lowing of a flood •v nt •c+-\lral and non- n ~ •n pop ties or r,li u .1.on of Ftructures, 1·lo d Prot c io E cvat-ion: n c (l foot above he ell'vation or • f nnd --of le" •ear flood under existing channel anr flood plain conditions. It s one (1) oot above the elevation of the load for th Flood Plai. as shown 0'1 the ').ood Hftzard Boundar ".:ip/Flood for ·nq,ewon , Cclorado. Flood S aae: The heigh~ or lev on of a flo~d as referred o s,1 " cla 1.1m. I~ l" also or:monl' usr>d to rr>fpr o he elevat1nn a~ wh ~ha ~tr~am will o rtop its 1or~al stage banks. Floodw-ti: quired for and du of r-os "U f':l.Cf"' MOBI E l MF· UNIT WHlC'll HAS LL " t-nq inr LOO USABLE FOR LIVI G PURPOSES, S EEPING, EAT"' G, COOK I G OR l ·CREATION , 'OQR USED nNLY FOR STORAGE PUR- F,.OOR". (A) IT IS DE'°IG 'ED F ~ LO G-T RM OCCUPN~CY A' D CONTAINS I • • - ( ( • • - FLUSll TOJ:I,ET, T 'B OR SllOW·c.R BATII, K "'C • F ILITIF.: A 'D SLEEP ',G ACCOMMODJ\T O S. (B) I'l' IS DESI :ED TO BE TRANSPORTED AFTER ON ITS O ~; WHEELS, QN A FLATBED O. OTlff ICAT 01l I L R. (C) IT . s THEIR r·r:;-v HOME 0 BI ED EXP NDABLE ~1flBILE HOME: A M<'B l!OMF, \HTH 0NE OR MOR· ROOM SEC'1' om THAT FOLD, COLLAPSE, OP T L'8SCOPE INTO THE PRI CIP,\L N~T WHEN BEl'K' ,~ fl' R"'"' AND WHICH Cl\N BE EXl'A OED AT THE '"ITF' "'0 pnOVIDE 'A I"'IC ::.. 'JING REA. 0 MOBILE HfJM.E P.I\.RK: 1\ Tfu'\CT OF LAND EI H R IN SI GLF. OWNER- SHIP OR DIVIDED fo'l'OBLOCKS l\'ID/OR 'OTS WH1Cll lAY BE 1N SEPARATE OWNER S~IP, WHICH S BE• L V"'' OPED WITH 1',LL NECESSARY F C LTTIES AND SER IC S I ]\CCQrU), t W ~ A S TE Dl v:::LOPMEN'.L' PL , MJ:ETH G ALL OF TllE REQUIRI:' ·~TS 0'-' ORDI' ANCE rum WHICH IS IN E mED FOR THE EXPRESS Pl'RPOC:E OF S TISFYING LIVI G EN- VIRONMEN'f FOR 10BILE 1'0 ·1 A LONG-TE M O Cl • CY BASIS . MOBILE HOME SPACE: l\. LOT OF GROUND Wl'T'HIN MOBILE HOME PARK, DESIGNED FOR 'l'lll" AC"0"'0DAT ON OF ONE •WBILF HOME. FOR WHICH THE STAPT OF TE EF ECTIVF. n TE OF TH S 0 LE HOME Pl\.RK FOR WHICH THE CONSTRUC'l'IO l Or L THE MOBILE HOMl> SPACES OR OR SERVICil;G Tl!E 10B I LE HO'.'E sr, E", !!lCLU:)ING BUT NOT L l I"'!'"') Tf'I , THE INST LLl\TI0 J OF UTIJ.TTIE , FINAL SITE GRJ\Dl G, Tl;:: P 11pr,•r OF co 'CRETE PADS A 'fl'E co··-TI l'CTION O STRE ...... ~PLF'l'FD ON O A TER Tll EI'FE<~"'IVE I A'l'E OF 'l' nr O un ' NCE. Rcac : A 1ydrnu1·c c gincering crm to detcribe Jongi- tudi lccgmen sofa tr.cam o,:: r·ver. Ar,.. ch will C'l n ral l y include th sc~m n 0f ~~c l0od l 1n wtcrc f 1 ood heigh s are -20- • I • • ( ( ( • • • - primar ly controlled by man-m3de o natural flood pain ol true- ~ ons or restrictions. In an urban area, the segment o a~ r•am or river between two consecutive bridg. crossings would mos~ Jike y be a reach. MOBILE HOME PARK -START OF COlSTRUCTION: THE DATE ON WHICH THE CONSTRUCTION OF FACILITIES FO. SERVICING THE SITES ON WHICH THE MOl.HLE HOMES ARE TO FIE AFFIXED, INCLUDING BUT NOT LIMITED TO THE CO'.~STRUCT ION OF S'"REETS, I: INAL SITE GRAD rnG, POURING OF CONCRETE PADS, AND INSTALLA:' 01 OF UTILITIES IS COMME'CED. Ripr~: A facing of masonry or t-hP il<e for proter·ting an embankment. Ri~rap shall consist of f~e d s one or rough unhewn quarry stone as nearly rectangular as is prac icabl . Broken concrete masonry or concrete pavement may be used if approved by the Director of Public Works. The stone shal1 hav e a specific gravity of at 1 eas~ 2.25 and shall be res s ant to the action of ai and water Faking or fragnental rock will not be permitted. Stones shal have a rnininum thickness of 3 inches and a minimum volume of one c bic foot and at lea st 50 percent bv weigh;: shl'\::.l hav a volume of two C'UbiC' feet or more. The riprap shall be placed to conform ~o th spPri(ica- tions of the Director of rutli~ Works. Storage Capaci~y.__Floo<l ~lain: The volume of space above an area of flood lain land .at can be occupied y flood water of< given stage a a given ime, regardless o whether thew ter is movin. Structure: Anything crns~ru~ ed o erected which requires loca 10n upon or under he nr ~~1 or a tached to some hing having location upon or under th ground. Substan ial improvement: Any repair, reconstruction, or improvement of a property, the cost of which equals or exceeds 50 percent of the fair market value o the proper either (a) before the improv ment is started or (b) if the proper Y has been damaged and is being restor0d, before the da~age occurred. Substan ial imp ov0ne>1t is <stared wh<>n the firs altr>ra ion of an wall, ceili'1 , floor, or ther struc ural part of he building comm nccs. VARIANCE: THIS ORDINA~CE ON THE LAND IN THIS ORDIW\N E. A GRANT OF REL EF FROM TI!, REQUIR M.E 1TS OF WHICH WOULD PERMIT THE USE OF LAND OR CO STRUCTION A M. ', ER Tll, T WOULD OTHERWISE BE PROHIBITED BY WATERCOURSE: THE CHANN L OF A STREAM OR A NATURAL OR MAN, DE Cli.i\irEL USED FOR THE CONVEYANCE OF WA TER. -21- I) I • • n ( • • • - FLOOD PLAIN ADMINISTRATOR: THE DIRECTOR OF COMMUNITY DE- VELOPMENT OR HIS ASSIGNEE SHALL BE 'rHE FLOOD PLAill ADMINISTRA- TOR, ALSO REFERRED TO AS THE ADMINISTRATO R. Section 3. The City Council hereby finds and determines that provisions of this Ordinance must become effec ive on February 1, 1978 in order to continue the benefits accruing to those indivi- duals who have purchased flood insurance pursuant to the Federal program previously instituted, and therefore finds that an emergency exists and declares that this Ordinance shall be in full force and effect upon publication following final passage. Introduced, read in full and passe d on First Reading on the ~day of January, 1978. Published as a Bill for an Ordinance on the __ day of January, 1978. Read by title and passed on final reading on th e day of ____ , 1978. Published by title as Ordinance No. , Series of 1978, on the day of , 1978. MAYOR ATTEST: ex officio City Clerk-Treasurer I, William D. James do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced,.read in full and passed on firs t reading on the ___ day of January, 1978. ex officio City Clerk Trea surer -22- • I • • I • • • • REVISIONS TO TH E FL OOD PLAIN ORDINANCE SUGGESTED AT TH E PUBLI C HEARING ON DECEMBE R 27, 1977. 1. Delete §22.4B-4(b) {bt No strttetttre, whether temporary or permanent; fill, storage of materials; or other flood plain ttses which acting alone or in eombine~ion with existing or ftttttre flood plain ttses, shall be permitted that ad¥ersely affeei:s the effieienc7 or the capacity of the floodway or increa&ee flood heights or adversely affects the storage capacity of the flood plains based on the aesttmption that ~ere wili be aft eqttai degree of encroachment extending for a significant reach on both sides of the streemT 2. Amend §22.4B-4C as underscored below: (c) No flood plain uses shall adversely affect the efficiency of, or unduly restrict the capacity of~ ANY channel~,~ fioodwa7s ~ any tribtttaries tributarY to tie- ANY main stream, drainage ditches, or any other drainage feeiiitiee facilit! or system~; NOR SHALL ANY WATERCOURSE BE ALTERED OR RESTRICTED UNLESS THE FLOOD PLAIN ZONING ADMINISTRATOR IS ASSURED THAT THE FLOOD CARRYING CAPACITY OF THE WATERCOURSE SHALL RE MAINTAINED. 3. Delete §22.4U-4(U) as stated. 4. Insert the following as §22.4B-4(D): UNTIL A REGULATORY FLOODWAY IS DESIGNATED, IT MUST BE DEMONSTRATED THAT THE CUMULATIVE EFFECT OF THE PROPOSED • I • • • • • - -2- DEVEL OPM ENT, WH EN CO MB I NE D WITH ALL OTHER EXI ST I NG AND ANTICIPATED DEVELOPMENT, WILL NOT INCREA SE THE WA TE R SUR- .FACE ELEVATION OF THE BASE F LOOD MORE THAN ON E FOOT AT ANY POINT, BEFORE ANY NEW CONSTRUCTION, SUBSTANTIAL IMPROVE- MENTS OR OTHER DEVELOPMENT, INCLUDING FILL, IS PE RMITTED WITHIN ZONES A-l-A-30 AS SHOWN ON THE FHBM/F IRM. 5. Am e nd §22.4B-6(e)(l) to read: ALL NEW OR REPLACEMENT MOBILE HOMES PLACED WITHIN EXISTING OR NEW MOBILE HOME PARKS OR SUBDIVISIONS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, SHALL BE ANCHORED TO RESIST FLOTATION, COLLAPSE, OR LATERAL MOVEMENT BY PROVIDING OVER-THE-TOP AND FRAME TIES AS FOLLOWS; (a) MOBILE HOMES (LESS THAN 50 FEET LONG). (b) MOBILE HOMES (GREAT ER THAN 50 FEET LONG) OVER-THE-TOP TIES 3 PER SIDE (ONE AT EACH OF THE FOUR CORNERS PLUS ONE ADDITIONAL TIE PER SIDE) 4 PER SIDE (ONE AT EACH OF THE FOUR CORNERS PLUS TWO ADDI T IONAL TIES AT INTERMEDIATE LO- CATIONS). FRAME TIES 6 PER SIDE (ONE AT EACH CORNER PLUS FOUR ADDITIONAL TIES PER SIDE) 7 PER SIDE (ONE AT EACH CORNER PLUS FIVE ADDITIONAL TIES PER SIDE AT INTERMEDIATE LOCATIONS.) (c) ALL COMPONENTS OF 'l'IIF. ANr.JIOllTNG SYSTF.M SHALi. OE CAPARl,F. OF CARRYING A FORCE OF 4,800 POUNDS, AND MANUFACTURER'S SPECIFICATIONS ·OF THE COMPONENTS TO BE USED IN 1~E ANCHORING SYSTEM SHALL BE SUBMITI'ED TO THE ADMINISTRATOR TO DEMONSTRATE COMPLIANCE WITH THIS REQUIREMENT. • I . • - • • • • (d) ANY ADDITIONS TO THE MOBILE HOME SHALL BE SIMI LARLY ANCHORED. ~ 6. Delete §22.4B-6(e)j,e1', which states: N0 M0BibE H8ME BHAbb BE Pblt€EB IN A Fbe8BWA¥. 7. Amend §22.48-8 to read: {a) WHERB Fb68B PR00FtN6 i8 BEEMEB-NE€E6SAR¥, s~eH -3 - ~iood protection eie¥ation £or the pftrtie~iftr erca fts dceeribed in the Special Pr~¥ieions, Section ~4t 7 aa.4e-~ and fiood ¥elocitiee, forces end other {eetors ftesoeieted with the flood protection eie¥etion. AJ,L NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS OF NON- RESIDENTIAL STRUCTURES WHICH DO NOT HAVE THE LOWEST FLOOR, INCLUDING BASEMENT, ELEVATED TO OR ABOVE THE BASE FLOOD M ,·u/.., LEVEL SHALL BE FLOOD PROOFED.AThe €011U11ieeion ADMINISTRATOR shall require that the applicant submit a plan or docum e nt certified by a registered professional engineer that the flood proofing measures are consistent with the flood pro- tection elevation for the particular area. (b) FLOOD PROOFING MEASURES SHAbb MAY INCLUDE THE FOLLOWING: 8. Delete §22,4B-l3D{2), which state s: ~0t \lARHiN€t;8 BHAbh N0'l' HFi Jt;t,Ht;ff Wi'fHJN AN¥ +*18l6Ni'l~'t-if:t Fb88BWA¥-:-I • • - 9. • • • • • -4- Del e te the d cfi n itjon of 1''l ood way in §2 2.8. Floodwa77 That portion of the Flood P l ft i n Bietrict re- qttired for the rea s onable pneea~e or conveyance of the!~- year flood~ ~his is the area of ei~nificnnt depths and velocities of erose eeetional flow area,.and _reettltin~ in- creased water ettrfaee elevations~ • I • • - P'l •111 J r.: :\11'1 fiv , :11,y 111 hl J1 11 ,u., lo the rn 1tl11lc 11•,11 14· b e : 11 n 1J:t1 ly :1 111 t 11Jn ·d : f!J) Jt1;•;u 11 c t h a t. Olll t v:H u a l1 o n 1,J.1n t m:!ti1 l 1w ~ :i.ll1·rn :.,tc v,•h ir t1 l.1r arr c~-. ~nd c ,r ;,pc-r •Jti t c ·, b e nlt.:<l \\ 1th :1ppro 1H"lalr. D 1.:.:,•.t c r Prc·p:-1 1c d11··~~ Autll nrllic s f o r Jn '.J!,ilc t.1,rnc n a 1 k c., antl m obile h o m e ~ub- d i \'j ...,i o n 'i l o c3 tcd v.1thi n Z o ne A o n the com ,n u n lty•s FHD M. (c) \\'lie n t.he A cJ inin l,tra t o r h a.."i pro- v idt·d ::i n otic e of fi n al b a.~e fl o od e lc- \';itions with i n z o n es Al -30 on the com - mu n ity's .f'lRM and, tf appropria te , has d c.c;lvnalc d AO zc..,:ies A99 7on cs a n d un- numb-::red A zones on the co mm unity 's 1-'LRM . but h a s not id entified R rcs ul a- tory flooaway or c oastal high haz.a rd area. the c ommunity sh:i ll : (1) Require the sta nd a rds of pi:ua- graph (b> ol Lh!s s ecti on within a ll Al- 30 zones unnumbered A zo nes nnd AO zones. on the cotnmunlty's FIR~-1: (2) R equire that all ntw c onstru ction and s ubs ta ntial impro\'emcnts of resi- d ential struc tures 'l\;t h!n Zones Al-3 0 on · the comrnun!ty'a 1''JRM ha,·e the lowest t!oor (lncluclinc b asement> elevated to or above the base t!oocl level, unless the c ommunity Is granted an exception by the Adminis t rator for the allowance of b asements and/or storm cellars in ac- c o rdance .,;th § !910.6lbl C3l (bl and (4); (31 Require tha t all new cons truction , r \ 8T\d subs tantial impro·,emcnt.s of non- ' ~. ,, ' · r esi dential structures with.in Zones Al- l . 30 on the com munity's firm U> have the / u\ lowest floor (Including ba sement > ele-1,,-«D vate o or above the base floo d level ~ _,,.o r Il l t..o Gether with att enda nt utillty }<l.\'O a n d .,.n1 t a ry racillties, be d es !s ned so 1 that below t he base fl ooc! l evel t h e struc- ture is wat.crtic ht 'l\'ith ,r al!s sub s l a nt!ally impe nueable to the passa Ge ol water and wtth structural c o mponents h aving t h e c apab!llty ol re.<ls t inG hydrostatic nnd l\v droclynamlc l oads and effects o uo, :,.n cr: t , Pro \ icie t h:\t ~·here-f.ood proofu1~ ts c111t zcd for a particul:-.r stru c-t.~re in :iecordnn ce with p n.ragrn phs tc) (3) and ,rl ,e 1 of this section or Cb l 131 ol J1910.· 6 ei ther (I> " registered professional en- i;in C't'r or architect shall certify that the n ood p r oofing methods are nd equate to "Ith t 3 nd the flood depths, pressures. ,·eloc!Ues. impnct and upll!t forc es and other l nctors o ssocin ted "'!th the base n ood nnd a r ecord or such certificates l nd!c~tlng t he spec lnc ele\'nt!on <in re- 1:llton to men11 se3 l evel> to which such Lruc Lu res nre floodprooled shall be m nlnt n lned "!th the official desig nated by the c om munity under I 1909.22(nl <9> l!i!>: or. 111> n cert ifirrl copy of a local r r &ul .\lim1 e n nt :i lnin~ clC'tntlc-d floorl- p r ooHn & :::pr-rl flc :ittons whlrh !-alisfv the ,,.,1r r 1•,1,t r r rfcw 11!:11wr :::t :ll1tf :1rdii; or p .,r .1;..i.'j·h u ·\ ,.,, p f tll :, ~,·1111 111 or 1t,1 t l' or I l !ll0.6 :-h:.11 l.>r !'-u\J111 illcd lo the . '\c1 min i~tr:,tor f u r :,ppro,·nl; t5) n rriuirc within Zones AJ -30 on the t'C\mumnll>·'s Fl RM f or nrw mobile home pnrk.s nnd n to\Jl1c h ome hUbrll\'islon~. for l'!\.r,nn.slon~ to C"Xl ~lln,: mobile h ome µark~ nnd m ul>1tc h<'lllC ~ul>rli\'l sions, nod for r xbltn,: mnhllr home-1,a rk:t uncl mobile h ,Hnc :,;uU l11, islu11s ,, ht•,·c the nJ•i tlr. r,•. • • - RULE S /\ND R(G UlATIO NS ,·m 1·.t n H lio n or 11 11p r o \cnu :n l or t h e ~, n Pl:~. ,1: 11 ::io_:'> ::u :d p :1rl :; cq11:al ~ o r cY.- t Tl·U~ !>IJ '."I) or the ,:d u e o f t he !-.l n:c t,. ul 1lili .. ~ :111cl p :,lh hc ro rc lhc r r n:tir, r c - c 1J11·.l r11 1;L1on or i m J,rO\ crn ~nl Im ~ c o m - m c n ccd. th~t ri, !-oLa ncJ s o r lol,; 1'rc clc- n1l c tJ un coin1 1a clcd fill o r un pl1111 i;c, :-o that the lo·.,·c:-.t Ou o r o f the m o b il e lv,me w lll be at or abo \ c the b a se fl o od l c \'cl, (i i) ad cquntc surf ace cJr a in:1r,e n nd nc- cc~s for a hauler :ue p rovid ed , and 'Iii> In the ins t ance o r clc,·a tio n on pll in c s. Jo ts a re hrce cnour;h t o p erm it. s t e p ,;, plJ- lnc f oundations arc pl a c e d in ~t n ble ~Oi l no more than t e n feet o p a rt, nnd 1t:l n- f orc cmcnt is pro\·jdcd f o r pil i n gs m o r e th nn s tx f eet above the ground level; <6> Require ·ror nll mobile h o mes to be placrd within Zones Al-20 o n the com- munity's F IRM , but n o t into a mobile home p ark or mobi le h ome s ubdivi ion that <U stands or 1ols are ele\·a ted on c o m pacted fill or on piHngs so that the Jo we::."t noor of the m obile home will be at o r abo\'e the base flood level , (Ul ade- quate surfa ce dtainage and access for a hauler are pro\'lded, and <till In the in- stsu1ce or el evation on ptl ings, Jot.s A.re hnge enough to permit steps, p!l!nc found ations a re p la ced In s table son no more than 10 feet Rpart , and reinforce· 1nent Is provJde d !or pie rs more thnn six fee t abo\·e ground l evel; · ( 7 l Req~!re w ith in any AO zone on the community's FIR?\{ that au nev-· con- s truction and subs t3nt.ial Improvements of r esidential stru c tures h a,·e the lo~est floor (!ncludlni basem e nt> ele ,·ated 3bove the crown of the nearest s tre et to or above the depth number specifi ed on the community's PJRM; (8> R equire l\ithin any .-\0 zone on the communtt.y's FIRM t ha t all new con- struction and s ubs t:intlnl iinpro,·ements of nonrt~ldenth\l struct.ures (i) have the lowest floor '1nc1udini b asement> e1e- vat ed nbo\·'! the crown .or U1e n~9.res t st re-Pt t..o or Abov e the dep th number spec- ified on t h ~ FlRi.t . or 1t11 t..o &eLhe r with n U endnnt uLility nnd !-anhary facilities be completely floodprooled to or above thnt le,·el so that any space below that lc,·el Is watertight vdtb walls substan- tially ltnpcrmenble to the passai:e of w3ter a nd wtth stntcluraJ companents having tbe capability or res lst!n& hydro- stnt!c and h ydrody namic loads and e!- lccts ol buoyuncy; (9) Require within nny A99 zones on n community's FIRM tbe s t:>.ndnrds of parnsrnph s <al Cll thru (nl (4) (ll nod (b) (5) thru lb) (9) ol th is section ; (10) Require until n re c ul:ilory flood- way ts rlc~i~nn tcd, t hat no new construc- tion. Mtb!-tnnli:11 tmµr o"''mcnts, or olh~r devcJopmcnl tiltclud iuc fillJ s hnll l>c µcr- nliLtcd wttlltn ZonC'S A J-JO on the c-om- 1n1 1uil\·'., FHlt\t. u11J ,,,,. it i:-d l'n :011 :,1:t r .llC'CI thaL lhf' ,·1111rn!.III\C t.•lkl·L of lhc Jlll)- ))OSl'd rkn~lo1,mc 11L. wlt<'n l·om l>i11cd "1th ntl other ,.xblh1t nnd nnlkip:1lc'll dcv<'l· opmrnt. ~ HI nol lncn·nsc the wn.lcr s ur- face rle,•nllon of the l>rL."i C flood more U1 :1n one foot nl any point wllhln the comn1u11ity. (di \Vhen the AdminL .. tnLt.or Jms pro- vicl.-d u not kr or nnnl bn~C" noort clr,·n· l11m :-\\'1ll111t ZoUL'S I\J -:10 011 the com• 1rm1 ,n1111 1ty ·-, Ffn.M n nd. Ir 11ppr o p 1 i a l c , h n~ cJr:r;h'n a \.l •<..I AO 1.n n r s A ~'.f z o 11 r ... rt1 1U o n ~ n 1m1 t,c n :d A 101w.-; o n th e c o nun u n l ly'~ r,i t :\f . u nt.l h n ., p rrw l 1!,-<.J d n l 1, f r om \\h il h U1c t.0 111 111 u n ily !-th a ll d c•,il.:n a tc il.:, r<"1111 b· t.or y ll o o<l w n y , t h e cornm11 1tlty ~h a ll : , 1) Mtc t the r cQu lr c mt:n l~ o f p.,rn· e rn p h!'I tc , f lt throuch tc )f!)1 o f Lhl o; section: ,2, S elec t a ntl ncl o p t n r c ~u la t or)· !l ooc h, ay b ::i .'>cd c,n the p rinc ipl e t h a t the n rc a cho-.c n fo r the i ct,;ul nt ory fl ot)cl way m U'i l be dcs li.:ned to earn• the w a t c r!I. o f the h :i 'ic flo od. without l n c r e a.s inc the w ale r surfac e elevation or lhat fl ood mo re Lh a n one f oo l at a ny p oin t ;· ,3 , Prohibit cncro ::ic:hm c nts, incJudinc fl11. nel'.· cons trucllon. s ub::,l;inli a J im- p rove men t.s , a nd oU'le r d e vel o pmen t 'l\'!th!n the edo pted regulatory fl ood way th a t would r esult In ony lnc rco s e in ttood levels wilhi n the community d u rin g t h e occ urrenc e o f the base fl ood d 1sc h a r ge: (4) Prnhlb!t the plac ement ol any m ob11 e homes, exccp,M in an exis t in& mobile home park or 'mobile h om e s ub- di\'!s lo n. wiLh!n the adopted r egu l a tory floodway. <e> When the Admin is trator h as pro- vided a notice ol final b ase llood eleva- t ions \\'ltb!n Zones Al -30 on the com- munlty's flRM ftnd, ti appropria te, has d esig nnt.cd AO zones. A99 zones and un- nwnbered A zones on the communi t y's FIRM, and h as Identified on the c o m- munity's FIRM Zone Vl -30 Ccoastal high h aza rd nrea). t he community sha11 : (1 ) J\te et the requirements of pa ra- g r aphs Cc ) Cl l through lcl, 10 \ o f this section; t2• For the purpose or t he dete rm ina- tion of npp1i cn b1e n ood insu rance ris k p remium rates '9."ithln Zone Vl -30 o n a communl~y·s FIRM, C!l obtl\!n the eleva- tion Cln relation to mean sen leve l> ol the lowest habitable floor (including base- men t, of atl nen· or subs tantially im- pro·.-rd $l rucu1 res, and l';h ether or not such stn1cturcs contain a b~semcnt. (ii) obtain. ti the structure h Rs b een flood- prooled, the elevation <in relation to mean sea l evel) to which the structure was floodprooled, and (I!!) m ain tain a record or all such Information \l;!th the official deslG nated by U1e community under I 1909.22 Cal (9) Cll!l; C31 Pro,·ide that all new construction 1'·1thl n Zones Vl-30 on the community's FIRM ts located landward ol the reach of mean high tide; (0 Provide rn U,nt all n ew conslruc- tion and !li:ub.~lant lal improvemenlc; w1tlth1 Zones Vl-30 on the community's F1Rf..f nre elevnted on arleount<.-ly ond101cd pilin~~ or column~. nnd sC'Curcly nnchored to such piles or co1umns ~o th a t the loTI·r s l µortl o n or the ~tr11rt11ra1 m rml>c n of tl w 11•\\P ~t Ot11tr 1t·:\d11dm:.: ll w pd :1:,:." or t 'l1ll11111H,, i ~ elc ,·nlrcl lo or :,lk..,,·r the b :i~r nooct le,·el :.net c Ill thnt n rc-:.:t ~lrred 11ro frs ~ion:'\l t-n1.dnccr or nrchitc<-l crrltry thnt lhc s trurlure Is securely nnrhorcd to ndcquntcly nnchorcd p!llni:s or columns In order to ,vlths L:utd velocH.y <tvntrr~ nnd hurrlcnnc wn\'c wns.h: <Sl Pro,·lctc thnt nH new ron.,tn1c llon nnrt sub!l.t:,ntlnl lmpro\Tm<'nL" within Zone-:. Vl -:JO on U1c CU11ltlltl111Ly ',-l"JRM UOIIAL lfGl!.HI, VOL 41 , NO. 207-TUHDAY, OCTOIU 26, .19/6 I • • • • THE • • • AGENDA FOR THE SPECIAL MEETING OF ENGLEWOOD CITY COUNCIL JANUARY 23, 1978 7 :30 P .M. Call to order, invocation , pledge of allegiance and roll call. 1. Public Hearing. (a) Ordinance on Final Reading relating to the identification of areas of special flood hazard; and adopting boundary maps therefor; prohibiting certain uses dangerous to life and property within said areas; restricting uses hazardous to public health; requiring those uses permitted in flood plain districts to be protected against floods by flood proofing; regulating the design and method of construction of all structures within said district and generally to protect the public from the burden of extraordinary financial expenditures in a manner consistent with reasonable flood plain management and to pre- serve the water carrying characteristics and capacities of water courses both natural and artificial for the conveyance of storm and flood waters ; and declaring an emergency . (Copies enclosed .) 2. Appointments to Boards and Commissions . 3. Adjournment . Manager • I • • • CITY COUNCIL MEETING Januar~~0 978 ORDINANCE# RESOLUTION # / 3, 4, 4 , 5, 6, • • • • 0 0 I • • • • - aak )!LJu ~ /U fy~ 6YJU ./ i~ r ~ (n?tA I; 1N ) ' '--' . I ~,),;/-"' C,Al (l,'"~ • 0 0 I . • • January 21 January 23 January 25 January 26 January 26 January 30 February l February 5 February 6 February 9 February 20 Fe bruary 21 February 23 February 27 1 /19/78 • • - CALENDAR 0 F EVENTS 9:00 a.m. 6:30 p.m. 7: 30 p.m. 6:00 p.m. 6:00 p.m. 7:30 p.m. 5:00 p.m. 7:30 p.m. 7:30 p.m. 3:00 p.m. 5:00 p.m. 7:30 p.m. 9:00 a.m. 5:00 p.m. 7:30 p.m. 7:30 p.m. 7:30 p.m. Intervi.ews for Boards and Commissio ns, Con f erence Room A. (Interviews will comm e n ce at 9:30 a.m.) S tudy Session in Confere nce Room A to r eview th e Flood Plain Ordinance . Public Hearing on propqsed amendment s to Flood Plain Ordinance and Special Meeting t o ma ke citizen appointments to Boards and Commissions. Continental National Bank Crab Dinner. Chamber of CoDD11erce Annual Banquet, Heritage Square Opera House. Mayor's Coffee, Ernie Anderson Community Room, Police/Fire Center. Study Session in Conference Room A concerning Hampden Professional Park Subdivision. Public Hearing on proposed Paving Distric t No. 25 and Special Meeting to consider traffic projects for Transfer of Funds Submission. Joint Meeting with Littleton City Council at the Littleton Center, 2255 West Berry, concerning the Final Change Orders for the Wastewater Treatment Plant and information on 201 Study. Retirement reception for Chief Hamilton, Police/Fire Center, Ernie Anderson CoDDllunity Room. This reception will be followed by a dinner sponsored by the Fir e Fighters Association and the City. You will receive personal invitations to both of these events. Study Session, Conference Room A; and Regular Council meeting in Council Chambers. Mayor's Coffee, Ernie Anderson Community Room, Police/Fire Center. CITY HALL WILL BE CLOSED FOR OFFICIAL OBSERVANCE OF WASHINGTON'S BIRTHDAY. Study Session, Conference Room A; Regular Council meeting, Council Chambers . Mayor's Coffee, Ernie Anderson Community Room, Police/Fire Center. Public Hearing on junk yards and automobile wrecking yard o rdinances. Council Chambers • I • • • • • • - ~ 11, !--(cf 1-1-1,t J 5 CL INTRODUCED BY COUNCILMAN ~~-~._._~?~Y~·~c;,,~·-:j.~+1--~~~~~~ A BILL FOR AN ORDINANC E REPEALING AND RE-ENACTING CHAPTER 22.4B, AND AMENDING CHAPTER 22.8 ENTITLED, 'FLOOD PLAIN(FP) ', AND 'DEFINITIONS' RESPECTIVELY, RELATING TO THE IDENTIFICATION OF AREAS OF SPECIAL FLOOD HAZARD; AND ADOPTING BOUNDARY MAPS THEREFOR; PROHIBITING CERTAIN USES DANGEROUS TO LIF~ AND PROPERTY WITHIN SAID AREAS; RESTRICTING USES HAZARDOUS TO PUBLIC HEALTH; REQUIRING THOSE USES PERMITTED I N FLOOD PLAIN •DISTRICTS TO BE PROTECTED AGAINST FLOODS BY FLOO D PROOFING; REGULATING THE DESIGN AND METHOD OF CONSTRUCTION OF ALL STRUCTURES WITHIN SAID DISTRICT AND GENERALLY TO PROTECT THE PUBLIC FROM THE BURDEN OF EXTRAORDINARY FINANCIAL EXPENDITURES IN A MANNER CONSISTENT WITH REASONABLE FLOOD PLAIN MANAGEMENT AND TO PRESERVE THE WATER CARRYING CHARACTERISTICS AND CAPACITIES OF WATER COURSES BOTH NATURAL AND ARTIFICIAL FOR THE CONVEYANCE OF STORM AND FLOOD WATERS; AND DE CLARING AN EMERGENCY. NOW, THEREFORE, BE I T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 22.4B of the Comprehensive Zoning Ordinance, (Ordinance No. 26, Series 1963 as amended) is hereby repealed and re-enacted to read as foll o ws: §22.4B-l Legisla tive Purpose and Intent To promote the ptlbiie health, safety and welfare OF THE PUBLIC, to minimize flo od losses in areas subject to flood hazards; and to promote wise use of the flood plain, this zone district has been established to regulate the uses within the 100 -y ear flood plain. wieh ehe £oiiowing pttrposes ineended. THE AREAS OF SPECIAL FLOOD HAZARD ARE INDENTIFIED BY THE FEDERAL INSU RANCE ADMINISTRATION ON FLOOD HAZARD BOUNDARY MAPS AND FLOO D INSURANCE RATE MAPS, WHICH MAPS ARE ON FILE IN THE ENG LEWOOD CITY HALL IN TH E OFFICE OF THE CITY CLE RK. BY ADOPTING THIS ZONE DISTRICT, THE FOLLOWING PURPOSES ARE INTENDED: (a) To reduce the hazard of floods to life and prope rty through: (1) Prohibiting certain uses which are • I • • - • • • • dangerous to life or property in time of flood; (2) Restricting use s which wou l d be hazardous to the public health in time of flood; (3) Restricting uses which are particularly susceptible to flood damage, so as to alleviate hardship and reduce demands for public expenditures for relief and protection; (4) Requiring permitted flood plain uses, in- cluding public facilities which serve such uses, to be protected against floods by providing flood proofing and general flood protection at the time of initial construction. (b) To protect flood plain occupants from a flood which is or may be caused by their own, or other, land use and which is or may be undertaken without full realization of the danger, through: (1) Regulati ng the manner in which structures designed for human occupancy ma y be constructed so as to prevent danger to human life within such structures; (2) Regulat ing the method of construction of water supply and sanitation systems so as to prevent disease, contamination and unsanitary conditions; (3) Delineating and describing areas that could be inundated by flood so as to protect individuals from purchasing flood plain lands for purposes which are not in fact suitable. (c) To protect the public from the burden of extra- ordinary financial expenditures for flood control and relief by regulating all uses within the flood plain areas so as to produce a method of construction and a pattern of development which will minimize the probability of damage to property and loss of life or injury to the inhabitants of the flood hazard areas. (d) To protect the natural areas required to convey flood flows so that they develop in a manner consistent with reasonable flood plain management. -2- • I • • (. • • - (e) To protect and preserve t he water-carrying characteristics and capacities of all water courses, i nclud ing gulches, sloughs , and artificial water channels used for the conveyance of storm and flood water. §22.4B-2 ~itions (See §22.8) §22.4B-3 ~ral Provi sions (a) Description of District. The Flood Plain District covers that area of the City which is within the 100- year flood plain , Which is d e fined by computing the 10 0-year flood plain limits under existing channel and flood plain con-dit ions. (b) Jurisdicti on. The jurisd iction of this Zone District includes all lands adjacent to any watercourse within the City of Englewood th at would be innund ated by the 100-year flood for that watercourse as defined in the Definitions Section of this Chapter. ~et Bow,dories. ~he bottndories 0£ the Flood Ploin Bistriet sholl be os they oppeor en Sening Mops en rile in the Plonning Beportment .,-~he bett11dory lines en tl'l.e mer, sholl be determined by the ttse 0 £ t h e s eole appeoring en the Mop.,-Where there is e een£liet between the bew,dery lines illttetreted on the Mep end eetttel field condi tions, the dispttte shell be settled aeeerding to ~~.,-3B-~, llMep ping Bisi,tttesll 0£ this 8hapter. (C) FLOOD PLAIN DISTRICT BOUNDARIES. THE BOUNDARIES OF THE FLOOD PLA IN DISTRICT SHALL BE IDENTICAL TO THE AREAS OF SPECIAL FLOOD HAZARD IDENTIFI ED BY THE FEDERAL INSURANCE AD- MINISTRATION ON THE FLOOD HAZARD BOUNDA RY MAPS FOR THE CITY OF ENGLEWOOD, COLORADO , SHEETS H-01 TH ROUGH H-04, AND THE FLOOD INSURANCE RATE MAPS FOR THE CITY OF ENGLEWOOD, COLORADO , I-01 THROUG H I-04, DATE D JUNE 24, 197 7. THE FLOOD HAZARD BOUNDARY MAPS AND FLOOD INSURANCE RATE MAPS PREPARED BY THE FEDERAL IN- SURANCE ADMINISTRAT ION, ARE HEREBY DECLARED TO BE A PART OF THIS ORDINANCE, AND THE OFFICIAL MAPS SHALL BE ON FILE IN THE OFFICE OF THE CITY CLERK, ENGLEWOOD CITY HALL, 3400 SOUTH ELATI STREET, ENGLEWOOD, COLORADO. ~dt !£ the Pederol insttrenee Administroter has net provi ded weter sttr£oee elevation date and hoe net provided en tl'l.e basis of available iniermatien 7 data ettiiieient te identify the £loodway eree along the wetereettrse withi n the 8ity end etteh dote is net ave ilable , the fellowing measttree eheli eppiy~ -3- • I • • • • • - ~it(d) Applications for Building Permits shall be re- viewed on a case-by-c,3se basis by the Flood Plain Zoning Ad- ministrator to assure: ~at(l) That the building site will be reasonably safe from flooding. and (2) THAT ALL NECE SSARY PERMITS HAVE BEEN OB- TAINED FROM THE FEDERAL, STATE OR LOCAL GOVERN- MENTAL AGENCIES FROM WHICH PRIOR APPROVAL IS REQUIRED. ~ht(3) That where the building site is in a location that may have a flood hazard, all new construction and substantial repairs, improvements, or alterations will be flood-proofed in accordance with the minimum flood-proofing criteria speci- fied in S22.4B-7(e} (1). (e) Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body. (f) Warning and Disclaimer of Liability. The degree of flood protection intended to be provided by this Chap t er is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on occasions, or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imp ly that the areas outside of the flood plain area boundaries or land uses permitted within such areas will always be totally free from flooding or flood damages. Nor shall there be li a bility on the part of, or a c ause of action against, the City of Englewood or any officer or employee thereof for any flood damages that may res~lt from reliance on this Chapter. (g) Effect of Flood Plain Regulations. The regula- tions set forth in this Chapter for the Flood Plain District, shall apply to those lands within the 100-year flood plain as mapped and designated on an THE official FLOOD HAZARD BOUNDARY MAP AND T HE FLOOD INSURANCE RATE MAP. Boning Map and shaii he void and 0£ no e££eet in areas not so mapped and designated~ The regulations of this Chapter shall be construed as being supplementary to the regulations imposed on the same lands by the underlying Zone classification. When the Flood Plain Di stri c t and the underlying Zone Distric t regulations conflict with one another, the most restrictive regulations shall control -4- • I • • ( • • • • S22.4B-4 Special Provisions. The following regulations shall apply to all uses within the Flood Plain District, notwithstanding that such uses may be specifically permitted under the terms of this Chapter. (a) The flood protection elevation or height shall correspond to a point one foot (l') above the elevation or "Flood Profile" shown on or attached to the Zoning Map. (b) No structure, whether temporary or permanent; fill, including fill for roads and levees; deposit; obstruction; storage of materials; or other flood plain uses which acting alone or in combination with existing or future flood plain uses, shall be permitted that adversely affects the efficiency or the capacity of the floodway or increases flood heights or adversely affects the storage capacity of the flood plains based on the assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. (c) No flood plain uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways or any tributar ies to the main stream, drainage ditches, or any other drainage facilities or systems , NOR SHALL ANY WATERCO UR SE BE ALTERED OR RESTRICTED UNLESS THE FLOOD PLAIN ZONING ADMINISTRATOR IS ASSURED THAT THE FLOOD CARRYING CAPACITY OF THE WATERCOURSE SHALL BE MAINTAINED. (D) NO STRUCTURE SHALL BE PERMITTED IN THE FLOODWAY. S22.4B-5 Description of Uses. (a) Permitted Uses. The following open uses shall be permitted within the Flood Plain District to the extent that they are not prohibited in a particular area by any under- lying Zone District classification: (1) Agricultural uses such as: general farming and the raising of plants, flowers and nursery stock; (2) Public and private recreational uses not requiring permanent or temporary structures designed for human habitation such as: Parks, swiITUlling areas, golf courses, driving ranges, picnic grounds, fishing, and hiking and biking trails. -5- I • • - • • • - (3) Utility facilities such as: flowage areas, transmission lines, pipelines, water monitoring devices, roadways, and bridges. (4) All uses allowed by the underlying Zone District classification within the Flood Plain District shall be permitted as long as the conditions set forth in Section 22.48-6, Speeial Exception DEVELOPMENT Permits, are complied with. §22.48-6 Speeial Bxeeption DEVELOPMENT Permits. Any use enumerated in this Section may be permitted only upon application to the Bireetor er Planning and the iss~anee of a Speeiai Bxeeption Perl'llit by the eity Planning and Bening €011U11ission FLOOD PLAIN ADMINISTRATOR as provided in S22.4B-7(d), Process to be Followed for Speeiai Exeept±on DEVELOPMENT Permits. (a) Structures Accessory to Open Uses. Structures accessory to open uses permitted in Section 22.4B-5, Description of Uses, whether temporary or permanent, may be permitted only upon a determination by the eity Planning and Bening 6e!Mlission ADMINISTRATOR pursuant to a finding under the procedure required by Section 22.4B-7(d), Process to be Followed for Speeiai Excep- tion DEVELOPMENT Permits, that: (1) Structures will not be designed for human habitation; (2) Structures will have a low flood damage potential; (3) The structure or structur es, if permitted, will be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters; (a) Whenever possible, structures will be constructed with the longitudinal axis parallel to the direction of flow of flood waters, and (bl So far as is practicable, structures will be placed so that their longitudinal axis are approximately on the same line as those of adjoining structures. (4) Structures will be firmly anchored to prevent the structure o building from floating away and -6- • I • • • • • • thus threatening to further res trict bridge openings and o the r restricted sections of the stream or river ; and (5) Service facilities such as electri cal equip - ment will be at or above the flood protection elevation for the particular area. (6) STRUCTURES WILL BE CONSTRUCTED WITH MATERIALS AND UTILITY EQUIPMENT RESISTANT TO FLOOD DAMAGE. (b) Other S t ructures, Tern or Permanent, to be Occupied by People. Other structures, whet er temporary or permanent, which are to be occupied by people, may be permitted only upon a finding by the €ity Pianning and Boning €0111111ieeion FLOOD PLAIN ADMINISTRATOR that: (1) Such structures shall comply with Section (a) (3), '(4), (5) AND ill above. (2) The first floor or basement floor of any structure to be erected, constructed , reconstructed, or moved on or within the Flood Plain DISTRICT as ehown on an o£fiei:ai Boning Hap, shall be constructed at or above a point one (1) foot above t he 100-year flood elevation f or the particular area and the fill shall extend at such elevation at least fiftee n (15) feet be- yond the limits of any structure or building erected thereon . (3) No basement shall be pe rm itted i n any residential structure . (c) Fills or Deposition of Materials. Fills or deposition of materia ls may be permit ted only upon a finding by the €ity Pianning and Bonin,g €01M1iesion ADMINISTRATOR that: (1) Any fill or deposition of materials will comply with Section 4, Special Provisions, and (2) The fill or deposition of materials will have some beneficial purpose and the amount there- of will not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other mater ial and the use to which the filled land will be put; (3) The fill or deposition of materials does -7- • I • • < • • • • not encroach on that portion of the flood plain which would have significant and perceptible flow during the flood, and which for that reason would help convey the flood waters. Any additional filling reduces the hydraulic capacity and re- quires appropri ate hydraulic studies and a review of the urban impact of such reduction. (4) The fill or other materials will be protected against erosion by rip-rap, strong vegetative cover or bulkheading. (d) The Storage or Processing of Materials. The storage or processing of materials that are buoyant, flammable, explosive, or in time of flooding, could be injurious to human, animal, or plant life, and shall be at er above the flood pro- tection elevation for the particular area or flood proofed in compliance with Sii~4B-~~er~lr S22.4B-8, FLOOD PROOFING, een ditiens Attaehed te Speeial Bxeeptien Permits. Solid waste disposal facilities, such as junkyards or areas for the dumping of refuse or the storage of non-operable vehicles shall not be permitted. ~ MOBILE HOMES. (1) ALL NEW OR REPLACEMENT MOBILE HOMES PLACED WITHIN EXISTING OR NEW MOBILE HOME PARKS OR SUB- DIVISIONS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, SHALL BE AN CHORE D TO RESIST FLOTATION, COLLAPSE, OR LATERAL MOVEMENT BY PROVIDING OVER-THE-TOP AND FRAME TIES AS FOLLOWS: (A) OVER-THE-TOP TIES SHALL BE PROVIDED AT EACH OF THE FOUR CORNERS OF THE MOBILE HOME, WITH TWO ADDITIONAL TIES PER SIDE AT INTERMEDIATE LOCATIONS, WITH MOBILE HOMES LESS THAN SO FEET LONG REQUIRING ONE ADDITIONAL TIE PER SIDE; (B) FRAME TIES SHALL BE PROVIDED AT EACH CORNER OF THE MOBILE HOME WITH FIVE ADDITIONAL TIES PER SIDE AT INTERMEDIATE POINTS, WITH MOBILE HOMES LESS THAN SO FEET LONG REQUIRING FOUR ADDITIONAL TIES PER SIDE; (C) ALL COMPONENTS OF THE ANCHORING SYSTEM SHALL BE CAPABLE OF CARRYING A FORCE OF 4,800 POUNDS; ANO, (D) ANY ADDITIONS TO THE MOBILE HOME SHALL BE SIMILARLY ANCHORED. -a- • I • • - (. • • • - (2) AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, ALL NEW MOBILE HOME PARKS AND MOBILE HOME SUB- DIVISIONS AND ALL EXISTING MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS WHICH ARE EXPANDED, OR IN WHICH PARKS OR SUBDIVISIONS THE REPAIR, RE- CONSTRUCTION OR IMPROVEMENT OF THE STREETS, UTILITIES AND PADS EQUALS OR EXCEEDS 50 PERCENT OF THE VALUE BEFORE THE REPAIR, RECONSTRUCTION OR IMPROVEMENT HAS COMMENCED, SHALL COMPLY WITH THE FOLLOWING: (A) STANDS OR LOTS SHALL BE ELEVATED ON COMPACTED FILL OR ON PILING SO THAT THE LOWEST FLOOR OF THE MOBILE HOME WILL BE AT OR ABOVE THE BASE FLOOD LEVEL; (B) ADEQUATE SURFACE DRAINAGE AND ACCESS FOR A HAULER SHALL BE PROVIDED; AND, (C) IN THE INSTANCE OF ELEVATION ON PILINGS: --LOTS SHALL BE LARGE ENOUGH TO PERMIT STEPS, --PILING FOUNDATIONS SHALL BE PLACED IN STABLE SOIL NO MORE THAN TEN FEET APART, AND --REINFORCEMENT SHALL BE PROVIDED FOR PILINGS MORE THAN SIX FEET ABOVE THE GROUND LEVEL. (3) NO MOBILE HOME SHALL BE PLACED IN A FLOODWAY. (4) NO MOBILE HOME SHALL BE MAINTAINED FOR TEMPORARY OR PERMANENT LIVING PURPOSES UPON ANY PRIVATE OR PUBLIC PROPERTY IN THE CITY OF ENGLEWOOD, COLORADO, UNLESS THE PROPERTY IS REGISTERED AS A MOBILE HOME PARK. (5) THE CITY SHALL ESTABLISH AN EVACUATION PLAN FOR MOBILE HOME PARKS AND FILE THE SAME WITH THE APPROPRIATE DISASTER PREPAREDNESS AUTHORITIES. (f) Similar Uses. Uses very similar in nature to permitted uses may be allowed by the ei~y Pianning and Boning eommi~~±on FLOOD PLAIN ADMINISTRATOR, provided that they are consistent with the provisions of this Chapter. -9- • I • • • • • - §2 2.4B-7 Administration. of BE of (a) Flood Plain Boning Administrator. The Director Pianning COMMUNITY DEVELOPMENT or his assignee shall adfflinister THE FLOOD PLAIN ADMINISTRATOR AND SHALL ENFORCE the provisions this Chapter. (b) Flood Plain Zoning Permit. A Flood Plain Zoning Permit must be obtained from the Flood Plain Boning Administrator before a Building Permit can be issued for any use subject to the provisions of this chapter AND BEFORE ANY WATERCOURSE CAN BE ALTERED OR RELOCATED. IN THE EVENT OF AN APPLICATION RE- QUESTING AN ALTERATION OR RELOCATION OF A WATERCOURSE, ALL AD- JACENT COMMUNITIES AND THE STATE COORDINATING OFFICE SHALL BE NOTIFIED PRIOR TO ANY ACTION. COPIES OF SAID NOTIFICATION SHALL BE SUBMITTED TO THE FLOOD INSURANCE ADMINISTRATION. (c) Mapping Disputes. The following procedure shall be used by the eity Pfenning and Boning €olll!l'lission FLOOD PLAIN ADMINISTRATOR in deciding contested cases in which the location of a FLOOD PLAIN District boundary is disputed: (1) In all cases the person contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the €olll!l'lission ADMINISTRATOR and to submit his own technical evidence if he so desires. The €OIIIJl'lission ADMINISTRATOR shall not allow deviations from the boundary line as mapped unless the evidence clearly and con- clusively establishes that the mapped location of the line is incorrect. (d) Process to be Followed for Speeiai Exeeption DEVELOPMENT Permits. (1) Applicatio~ For. Any use listed in this Chapter as requiring a Speeiai Bxeeption DEVELOP- MENT Permit may be allowed only upon application to the Bireeter 0£ Pianning and the issuance of a Speeiai Exeeption DEVELOPMENT Permit by the eity Pianning and Boning eo1M1ission FLOOD PLAIN ADMINISTRATOR. (2) Procedure for Passing on Speeiai Bxeeption DEVELOPMENT Permits. (a) Upon receiving an application for a Speeiai Exeeption DEVELOPMENT Permit in- volving the use of fill, construction of structures, or storage of materials, the -10- • I • • • • • • €ol!lllli99ion ADMINISTRATOR shall require the applicant to submit the following: (1) Two (2) copies of an aerial photograph of the area, or a plan certified by a registe,ed engineer competent in open channel hydraulics, which accurately locates the flood plain proposal with ~espect to the District limits, channel of THE stream, existing flood plain developments, to- gether with all pertinent information such as the nature of the proposal: legal description of the property: fill limits and elevations: building floor elevations: and flood proofing measures. (2) If it is deemed necessary by the €ol!lllli99ion ehae ehey ADMINISTRATOR TO have the elevation of the effects of the proposal upon flood flows and flood plain storage in order to render a decision on the proposed flood plain use, the €ol!lllli9Sion ADMINISTRATOR may requir~ the applicant to furnish the following additional information: (a) A typical valley cross-section showing the channel of the stream, the flood plain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development and high water informa- tion. (b) Plan (surface view) showing elevation or contours of the ground: pertinent structure, fill or storage elevat i ons: size, location and spatial arrangement of all proposed and existing structures on the site: location and elevations of streets, water supply, san itary facilities, and soil types and other pertinent i nformation. (c) Profile showing the slope of the bottom of the channel or thalweg of the stream. -11- • I • • ( • • • • (d) Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities. (3) Decision of €01M1ieeion ADMINISTRATOR to be based on CertaTii° Factors. The determination of the €01M1ieeion ADMINISTRATOR on each Speeie! Exception DEVELOPMENT Permit shall be based on the effects of the proposed project with respect to the ob- jectives and purposes of this Chapter as stated in the Statement of Purpose, Section 22.4B-l(a) (1), (2), (3), and (4). (4) The €01M1ieeion ADMINISTRATOR shall act on an application in the manner above described within 30 days from receiving the application. (e) Conditions Atl aL:hed to Sfiiee-ial EKeef~-iea DEVELOP- MENT Permits. Upon consideration of the factors listed above and the purposes of this Chapter, the €ity Pienning end Honing eommieeion FLOOD PLAIN ADMINISTRATOR ffley SHALL attach such con- ditions, in addition to those required by the Speeiei DEVELOPMENT Permit, as it deeffle IS necessary in fttrthering TO FURTHER the purposes of this Chapter. Such conditions may include specif i- cations for, without limitatibn because of specific enumeration, modification of waste disposal methods and facilities, landscaping, period of operation, operational controls, sureities, deed re- striction, and adequate flood proofing . §22.4 B-8 Floodproofing. Speeiai exeeptione reqttiring fiood proof ing ffleaettree ettek ee (a) WHERE FLOOD PROOFING IS DEEMED NECESSARY, SUCH MEASURES following, shall be designed consistent with the flood protection elevation for the particular area as described in the Special Provisions, Section t4r, 22.4B-4; and flood velocities, forces and other factors associated with the flood protection elevation. The eo1M1ieeion ADMINISTRATOR shall require that the applicant submit a plan or document certified by a registered professional engineer that the flood proofing measures are con- sistent with the flood protection elevation for the particular are a. (b) FLOOD PROOFING MEASURES SHALL INCLUDE THE FOLLOWING: tar(l) Anchorage to resist flotation and -12- • I • • ( • • • • lateral movement . ibt(2) Installation of watertight doors, bulkheads and shutters. iet(3) Reinforcement of walls to resist water pressures. idt(4) Use of water-proof paints, membranes or mortars to reduce seepage of water through walls. iet(5) Addition of mass or weight to struc- tures to resist flotation. i£t(6) Installation of pumps to lower water levels in structures. igt(7) Construction of NEW AND REPLACEMENT water supply and waste treatment systems to prevent the entrance of flood waters INTO THE SYSTEM AND TO PREVENT DISCHARGES FROM THE SYSTEM INTO FLOOD WATERS. iht(S) Pumpin~ facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures. iit(9) Construction to resist rupture or collapse, caused by wate r pressure or floating debris. ijt(lO) Cutoff valves on sewer line s or the elimination of gravity flow basement drains. ikt(ll) ON-SITE WASTE DISPOSAL SYSTEMS SHALL BE LOCATED TO AVOID IMPAIRMENT TO THEM OR CONTAMINATION FROM THEM DURIN G FLOODING. §22.4B-9 Certificate of Compliance. (a) No vacant land shall be occupied or used and no building shall be hereafter e rected, altered, or moved on the flood plains of any water course, nor sha ll such buildings be occupi ed, until a Certificate of Compliance shall have been issued by the Bireetor-0£-Planning FLOOD PLAIN ADMINISTRATOR. (b) The applicant shall submit a certification by a reg istered professional engineer to the Bireetor 0£ Pl anning -13- • I • • - ( ( ( • • • • FLOOD PLAIN ADMINISTRATOR that the fini shed fill and building floor elevations, flood proofing me asures, or other protection factors were accomplished in complinace with the provisions of this Chapter . THIS CERTIFICATION SHALL ALSO STATE WHET HER OR NOT THE STRU CTURE CONTAIN S A BASEMENT. Within te n days after receipt of such certification from the appl icant , the Bireeter e£ Planning ADMINISTRATOR shall issue a Certificate of Compl i ance only if the building or premise s and the proposed use thereof, conform with all of the requirements of this Chapter, AND SHALL MAINTAIN A PERMANENT RE CORD THEREOF. §22.4B-10 Amen~ments The boundaries of the Flood Plain District shall be subject to periodic review ey tfte €ity Planning and Bening €effl- missien and shall be amended in the manner provided by law, to c onform with any revised, corrected or additional hydrological data available from Federal, State or regional agencies or from a consluting engineer retained by the City. §22.4B-ll Non-Conforming Uses. Existing Non-conforming Uses in t he Flood Plain Dis- trict may be modi fied, altered, or r epaired to incorpor ate floodproofing measures; but such Non-conforming Uses shall not be exp a nded. ~ereated-by-8rd7-Ne~-3~7 -series-o£-i9~it S22.4B-12 SUBDIVISION PLATS. (a) ALL SUBDIVISION PRO POSALS SHALL BE DESIGNED TO MINIMIZE FLOOD DAMAGE; (b) ALL SUBDIVISION PROPOSALS SHALL HAVE PUBLIC UTILITIES AND FACILITIES SUCH AS SEWER, GAS, ELECTRICAL, AND WATER SYSTEMS LOCATED AND CONSTRUCTE D TO MINIMIZE FLOOD DAMAGE; (c) ALL SUBDIVISION PROP OSALS SHALL HAVE ADEQUATE DRAINAGE PROVIDED TO REDUCE EXPOSURE TO FLOOD DAMAGE; AND, (d) BASE FLOOD ELEVATION DA TA SHALL BE PROVIDED FO R SUBDIV ISION PROPOSALS AND OTHER PROPOSED DEVELOPMENT WHICH CONTAIN AT LEAST 50 LOTS OR 5 ACRES WHICHEVER IS LESS. §22.4B-13 VARIANCE PROCEDURE A. APPEAL BOARD (1) THE BOARD OF ADJUSTMENT AND APPEALS AS -14- • I • • ( ( • • • • ESTABLISHED BY THE CITY OF ENGLEWOOD, SHALL HEAR AND DECIDE APPEALS AND REQUESTS FOR VARIANCES FROM THE REQ UIREMENTS OF THIS ORDINANCE. (2) THE BOARD SHALL HEAR AND DECIDE APPEALS WHEN IT IS ALLEGED THERE IS AN ERROR IN ANY REQUIREMENT, DECISION, OR DETERMINATION MADE BY THE FLOOD PLAIN ADMINISTRATOR IN THE ENFORCEMENT OR ADMINISTRATION OF THIS ORDINANCE. (3) THOSE AGG RIEVED BY THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, OR ANY TAXPAYER, MAY APPEAL SUCH DECISION TO A COURT OF RECORD HAVING JURISDICTION THEREOF. (4) IN PASSING UPON SUCH APPLICATIONS, THE BOARD SHALL CONSIDER ALL TECHNICAL EVALUATIONS, ALL RELEVANT FACTORS, STANDARDS SPECIFIED IN OTHER SECTIONS OF THIS ORDINANCE, AND: (a) THE DANGER THAT MATERIALS MAY BE SWEPT ONTO OTHER LANDS TO THE INJURY OF OTHERS; (b) THE DANGER TO LIFE AND PROPERTY DUE TO FLOODING OR EROSION DAMAGE; (c) THE SUSCEPTIBILITY OF THE PROPOSED FACILITY AND ITS CONTENTS TO FLOOD DAMAGE AND THE EFFECT OF SUCH DAMAGE ON THE INDIVIDUAL OWNER; (d) THE IMPORTANCE OF THE SERVICES PROVIDED BY THE PROPOSE D FACILITY TO THE COMMUNITY; (e) THE AVAILABILITY OF ALTERNATIVE LOCATIONS, FOR THE PROPOSED USE WHICH ARE NOT SUBJECT TO FLOODIN,G OR EROSION DAMAGE; (f) THE COMPATIBI LITY OF THE PROPOSED USE WITH EXISTING AND ANTICIPATED DEVELOPMENT; (g) THE RELATIONSHIP OF THE PROPOSED USE TO THE COMPREHENSIVE PLAN AND FLOOD PLAIN MANAGEMENT PROGRAM FOR THAT AREA; (h) THE SAFETY OF ACCESS TO THE PROPERTY IN TIMES OF FLOOD FOR ORDINARY AND EMERGENCY VEHICLES; (i) THE EXPECTED HEIGHTS, VELOCITY, DURATION, RATE OF RISE, AND SEDIMENT TRANSPORT OF -15- • I • • ( ( ( • (j) • • - THE FLOO D WATERS AND THE EF F ECTS OF WAVE AC T IO N , IF APP L ICAB LE , EXPECT ED AT THE SITE; AND, THE COSTS OF PROVI DING GO VER NME NT AL SERVICES DU RI NG AN D AF TER F LO OD CON DI- T IONS, INCLUDING MAINTENANCE AND REPAIR OF PUBLIC UTILITIES AND FACILITIES SUCH AS SE WER, GAS, ELECTRICAL, AND WATER SYSTEMS, AN D ST REETS AND BRIDGES. (5 ) VARIA NCES MAY BE ISSUED FOR NEW CONSTRUCTION AND S UBSTANT IAL IMPROVEMENTS TO BE ERECTED ON A LOT OF ONE -HA LF ACRE OR LESS IN SIZE CONTIGUOUS TO AND SURRO UN DED BY LOTS WITH EXISTING STRUCTURES CONSTRUCTED BELOW THE BASE FLOOD LEVEL, PROVIDING ITEMS (a -j ) IN S22.4B-13(4) HAVE BEEN FULLY CO NSIDERED. AS THE LOT SIZE INCREASES BEYOND THE ONE-HALF ACRE, THE TECHNICAL JUSTIFICATION REQU IRED F OR ISSUING THE VARI ANCE I NCREASES. (6) UPON CONS I DE RATION OF TH E FACTORS OF S22.4B-13(4) AND THE PURPOSE S OF THI S ORD INAN CE, THE BOARD OF ADJUSTMENT AND APPEALS MAY ATTACH SUC H CONDITIONS TO THE GRANTING OF VARIA NCES AS IT DEEMS NEC E SSARY TO FURTHER THE PURPOSES OF T HIS ORD INAN CE. (7) THE FLOOD PLA IN ADMINISTRATOR SHALL MAINTAIN THE RECORDS OF ALL APPEAL ACTIONS AND REPORT ANY VARIANCES TO THE FED ERAL INSURANCE ADMI NI STRATION UPON REQUEST. B. COND I TIONS FOR VARIANCES (1) VAR I ANCES MAY BE ISSU ED FOR THE RE CONSTRUCTION, RE HA BI LITATION OR RESTORATION OF STRUCTURES LISTED ON TH E NA TIONA L REGISTER OF HI STO RIC PLAC ES OR THE STATE INVENTORY OF HISTORIC PLACES, WITHOUT RE GA RD TO TH E PROCEDURES SET FORTH IN THE RE MAINDER OF THIS SECTION. (2) VARIANCES SHALL NOT BE ISSUED WITHIN ANY DESIGNATED FLOODWAY. (3) VA RIANCE S SHALL ONLY BE I S SU ED UPON A DETER- MINATION THAT THE VAR I ANCE I S THE MI NIMUM NECESSARY, CONSIDERING T HE FLOO D HA ZARD , TO AFFORD REL IEF . (4 ) VARI AN CE S SHALL ONLY BE ISSUED UPON: -16 - • I • ( ( • Section 2. • • • (a) A SHOWING OF GOOD AND SUFFICIENT CAUSE; (b) A DETERMINATION THAT FAILURE TO GRANT THE VARIANCE WOULD RES UL T IN EXCEPTIONAL HARDSHIP TO THE APPLICANT; AND (c) A DETERMINATION THAT THE GRANTING OF A VARIANCE WILL NOT RESULT IN INCREASED F LOOD HEIGHTS, ADDITIONAL THREATS TO PUBLIC SAFETY, EXTRAORDINARY PUBLIC EXPENSE, CREATE NUISANCES, CAUSE FRAUD ON OR VICTIMIZATION OF THE PUBLIC AS IDENTIFIED IN S22.4B-13(4), OR CONFLICT WITH EXISTING LOCAL LAWS OR ORDINANCES. (5) ANY APPLICANT TO WHOM A VARIANCE IS GRANTED TO BUILD THE LOWEST FLOOR ELEVATION BELOW THE BASE FLOOD ELEVATION SHALL BE GIVEN WRITTEN NOTICE THAT THE COST OF FLOOD INSURANCE WILL BE COMMENSURATE WITH THE INCREASED RISK RESUL T ING FROM THE REDUCED LOWEST FLOOR ELEVATION. That Chapter 22.8 of the Comprehensive Zoning Ordinance (Ord. #26, Series of 1963, as amended) is hereby amended by adding new definitions as follows: S22.8 DEFINITIONS APPEAL: A REQUEST FOR A REVIEW OF THE BUILDING INSPECTOR'S OR THE FLOOD PLAIN ADM I NI STRAT OR'S INTERPRETAT ION OF ANY PRO- VISION OF THIS ORDINANCE OR A REQUEST FOR A VARIANCE THERETO. AREA OF SPECIAL FLOOD HA ZARD: THE LAND IN THE FLOOD PLAIN WITHIN THE CITY OF EN GLE WO OD WHICH IS SUBJECT TO A ONE PERCE NT OR GREATER CHA NCE OF FLOODIN G IN ANY GIVEN YEAR. BASE FLOOD: THE FLOOD HAVING A ONE PERCENT CHANCE OF BEING EQUALLED OR EXCEEDED IN ANY GIVEN YEAR. Ch a nnel: A n atu r al o r a rt i ficial watercourse of perceptible ex t en t, wi th def i nite bed and b a nks to confine and conduct c ont i n u ously or periodically flowing water. Channel flow th u s i s t hat wate r whi c h is f l ow i ng within the limits of the d e f i ned channel. DEV ELOPMEN T : ANY MAN-MADE CHANGE TO IMPROVED OR UNIMPROVED -17- • I • • ( (. ( • • • - REAL ES TATE, INCLUDING .BUT NOT LIMITED TO BUILDINGS OR OTHER STRUC TURE S, MINING, DREDGING, FILLING, GRADING, PAVING, EXCAVATION OR DRILLING OPERATIONS LOCATED WITHIN THE AREA OF SPECIAL FLOOD HAZARD. Encro a c hmen t Lines: The limits of obstruction to flood flows . These l ines a r e generally parallel to the stream. The lines are established by assuming that the area landward {out- side) of the encroachment lines may be ultimately developed in such a way that it will not be available to convey flood flows. The stream channel a n d adjoining flood plains between these lines will be maintaine d as open space and will be adequate to convey the 100-year flood without adversely increasing one (1) foot. Equal Degree of Encroachment: The degree of encroachment established by considering the effect of encroachment on the hydraulic efficiency of the flood plain along a significant reach of the stream on both sides. EXISTING MOBILE HOME PA~! A MOBILE HOME PARK EXISTING WITHIN THE CITY OF ENGLEWOOD ON THE EFFECTIVE DATE OF THIS ORDINANCE OR EXISTING ON THE DATE OF ANNEXATION WITHIN TERRITORY ANNEXED TO THE CITY OF EN GL EWOOD SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ORDINANCE. EXPANSI ON TO AN EXISTING MOBILE HOME PARK: THE PREPARATION OF ADDITIONAL MOBILE HOME SPACES OR THE CONSTRUCTION OF FACILITIES FOR SERVICING THE MOBILE HOME SPACE ON WHICH THE MOBILE HOMES ARE TO BE AFFIXED, INCLUDING THE INSTALLATION OF UTILITIES, FINAL SITE GRADING OR POURING OF CONCRETE PADS OR THE CONSTRUCTION OF STREETS. Flood: The water from a r i v e r, stream, watercourse, lake or other bod y o f s t andin g wate r t ha t temporar ily overflows or inundates ad j a c ent lands and wh ich may affec t o ther lands and activities through stage e l evat i on backwater , and/o r i ncreased ground water l e vel. FLOOD INSURANCE RATE MAP (FIRM): THE OFFICIAL MAP ON WHICH THE FEDERAL INSURANCE ADMINISTRATION HAS DELINEATED BOTH THE AREAS OF SPEC I AL F LOOD HAZARDS AND THE RISK PREMIUM ZONES APPLICA BLE TO TH E C I T Y OF EN GLEW OOD. FLOOD INSURANCE STUDY: THE OFFICIAL REPORT PROVIDED BY THE FEDERAL INSURANCE ADMINISTRATION THAT INCLUDES FLOOD PROFILES, THE FLOOD BOUNDARY-FLOODWAY MAP AND THE WAT E R SURFACE ELEVATION OF THE BASE F LOOD. Flood Plain: The rel a tively flat or lowland area adjoining a river, stre am, watercourse, lake, or other body of standing -18- • I • • ( ( • • - water which ha s been or may be covered temporarily by flood water. For administrative purposes, the flood plain may be defined a s the area that would be inundated by the "Standard Project Flood" (Corps of Engineers} or the "Maximum Probable Flood" (TVA}. Flood Plain District: That portion of the flood plain subject to inundation by the 100-year flood. Its width is determined by the 100-year flood. Its length or reach is determined by natura l bounds such as a lake, or by political or legal bounds. This equa ls the intermediate regional flood as defined by the Corps of Engineers. Flood Profile : A graph or longitudinal profile showing the relationship of the watersurface elevation of a flood event to location along a stream or river, ~loodproofing: Any combination of structural and non- structural additions, changes, or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands, water, and sanitary facilities, structures, and contents of buildings. Flood Pro t ection Elevation: An elevation one (1) foot above the elevation or "flood profile" of the 100-year flood under exist ing channel and flood plain conditions. It is one (1) foot above the elevation of the flood for the Flood Plain District as shown o n the Flood Hazard Boundary Map/Flood Insurance Rate Map for Englewood, Colorado. Flood Stage: The height or elevation of a flood as referred to some datum. It is also commonly used to refer to the elevat ion a t wh ich a stream will overtop its normal stage banks. Floodway: That port i on of the Flood Plain District re- quired for the reas onable pas~age or conveyance of the 100- yea r flood. This is the area of s ignificant depths and v elocitie s and due consideration should be given to effects of fill, los s of cross sectional flow area, and resulting increased water surface elevations. HABITABLE FLOOR: ANY FLOOR USABLE FOR LIVING PURPOSES, WHICH INCLUDES WORKING, SLEEPING, EATING, COOKING OR RECREATION, OR A COMBINATION THEREOF. A FLOOR USED ONLY FOR STORAGE PUR- POSES IS NOT A "HABITABLE FLOOR". MOBILE HOME: A DETACHED, SINGLE RESIDENTIAL DWELLING UNIT WHICH HAS ALL OF THE FOLLOWING CHARACTERISTICS: (A) IT IS DESIGNED FOR LONG-TERM OCCUPANCY AND CONTAINS -1 9- • I • • n ( ( • • • - A FLUSH TOILET, TUB OR SHOWER BATH, KITCHEN FACILITIES , AND SLEEPING AC COMMODATIONS. (B) IT IS DESIGNE D TO BE TRANSPORTED AFTER FABRICATION ON ITS OWN WHEEL S, ON A FLATBED OR OT HER TRAILER. (C) IT ARRIVES AT THE SITE WHERE IT IS TO BE OCC UPIED AS A DWELLI NG COMPLETE, INCLUDING MAJOR APPLIANCES AND FURNITURE, AND READY FOR OCCUPANCY EXCEPT FOR MINOR AN D INCIDENTAL UNPACKING AND ASSEMBLY OPERATIONS, LOCA TION ON JACKS OR OTHER SUPPORTS, CONNEC T ION TO UTILITIES, AND THE LIKE. DOUBLE-WIDE OR TRIPLE-WIDE MOBILE HOME: A MOBILE HOME CONSISTING RESPECTIVELY OF TWO OR THREE SECTIONS COMBINED HORIZONTALLY AT THE SITE TO FORM A SINGLE DWELLING, WHILE STILL RETAINING THEIR INDIVIDUAL CHASSIS FOR POSSIBLE FUTURE MOVEMENT. EXPANDABLE MOBILE HOME: A MOBILE HOME WITH ONE OR MORE ROOM SECTIONS THAT FOLD , COLLA PSE, OR TELESCOPE INTO THE PRINCIPAL UNIT WHEN BEING TRANSPORTED AND WHICH CAN BE EXPANDED AT THE SITE TO PROVIDE ADDITIONAL LIVING AREA. MOBI LE HOME PARK: A TRACT OF LAND EITHER IN SINGLE OWNER- SHIP OR DIV IDED INTO BLOCKS AND/OR LOTS WHICH MAY BE IN SEPARATE OWNERSHIP, WHICH HAS BEEN DEVEL OPED WITH ALL NECESSARY FACILITIES AND SERVICES IN ACCORDANCE WITH A SITE DEVELOPMENT PLAN, MEETING ALL OF THE REQUIREMENTS OF THI S ORDINANCE AND WHICH IS INTENDED FOR THE EXPRESS PURPOSE OF PROV IDING A SATISFYING LIVING EN- VIRONMENT FOR MOBILE HOME RESIDEN T S ON A LONG-TERM OCCUPANCY BASIS. MOBIL E HOME SPACE: A PLOT OF GROUND WITHI N A MOBILE HOME PARK, DESIGNED FOR THE ACC OMMODAT ION OF ONE MOBI LE HOME. NEW CONSTRUCTION: STRUCTURES FO R WHICH THE START OF CONSTRUCTION COMMENCED ON OR AFTER THE EFFECTIVE DATE OF THIS ORDINANCE. NEW MOBILE HOME PARK: A MOBILE HOME PARK FOR WHICH THE CO NST RUCTION OF FACILITIES FOR THE MOBILE HOME SPACES OR FOR SERVICING THE MOBILE HOME SPACES, IN CLUD ING BUT NOT LIMITED TO, THE INSTALLATION OF UTILITIES, FINAL SI TE GRADING, THE POURING OF CONCRETE PAD S AND THE CONSTRUCT ION OF STREETS IS COMPLETED ON OR AFTER THE EFFECTIVE DATE OF THIS ORDI NANCE. Reach : A hydraulic engineering term to describe longi- t udin al segments of a stream or river. A r e ach will generally i nclude the segment of the flood plain where flood heights are -20- • I • • ( • • • - primarily controlled by man-made or natural flood plain obstruc- tions or restrictions. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most likely be a reach. MOBILE HOME PARK -START OF CONSTRUCTION: THE DATE ON WHICH THE CONST RUCTION OF FACILIT IES FOR SERVICING THE SITES ON WHICH THE MOBILE HOMES ARE TO BE AFFIXED, INCLUDING BUT NOT LIMITE D TO THE CONSTRUCTION OF STREETS, FINAL SITE GRADING, POURING OF CONCRETE PAD S, AND INSTALLATION OF UTILITIES IS COMMENCED. Riprap: A facing of masonry or the like for protecting an embankment. Riprap shall consist of field stone or rough unhewn quarry stone as nearly rectangular as is practicable. Broken concrete masonry or concrete pavement may be used if approved by the Director of Public Works. The stone shall have a specific gravity of at least 2.25 and shall be resistant to the action of air and wate r. Flaking or fragmental rock · will not be permitted. Stones shall have a minimum thickness of 3 inches and a minimum volume of one cubic foot and at least 50 percent by weight shall have a volume of t wo c ub ic feet or more. The r ip rap shall be placed to conform to the specifica- tions of the Director of Public Works. Storage Capacity of a Flood Plain: The volume of space above an area of flood plain l and that can be occupied by flood water of a given stage at a given time, regardless of whether the water is moving. Structure: Anything con structed or erected which requires location upon or unde r the ground or attached to something having locat i o n upon or under t he g round. Substanti al improvement: Any repair, reconstruction, or improvemenb of a property, the cost of which equal s or exceeds 50 percent of the fair market value of the prope rty either (a) before the i mprove ment is started or (bl if the property has been damaged and is being restored, before the dama ge occurred. Substantial improvement is started when the first alteration of any wall, ceiling, floor, or other structural part of the building commences. VARIANCE: A GRANT OF RELIEF FROM THE REQUIREMENTS OF THIS ORDIN~NCE WHICH WOULD PERMIT THE USE OF LAND OR CONSTRUCTION ON THE LAND IN A MANNER THAT WOULD OTHERWISE BE PROHIBITED BY THIS ORDINANCE. WATERCOURSE: THE CHANNEL OF A STREAM OR A NATURAL OR MANMADE CHANNEL USED FOR THE CONVEYANCE OF WATER. -21- • I • • ( • • • • FLOOD PLAIN ADMINISTRATOR: THE DIRECTOR OF COMMUNITY DE- VELOPMENT OR HIS ASSIGNEE SHALL BE THE FLOOD PLAIN ADMINISTRA- TOR, ALSO REFERRED TO AS THE ADMINISTRATOR. Section 3. The City Council hereby finds and determines that provisions of this Ordinance must become effective on February 1, 1978 in order to continue the benefits accruing to those indivi- duals who have purchased flood insurance pursuant to the Federal program previously instituted, and therefore finds that an emergency exists and declares that this Ordinance shall be in full force and effect upon publication following final passage. on t f~troduced, read in full and passed on First Reading the ~ay of January, 1978. Publish~d as a Bill for an Ordinance on the~day January, 1978. of MAYOR ATTEST: ex officio City Clerk-Treasurer I, William D. James do hereby certify and foregoing is a true, accurate and complete for an Ordinance~roduced,,read i n full and reading on the ay of January, 1978. that the above copy of a Bill passed on first ex officio City Clerk-Treasurer -22- • I • • • - • - -· .. 0 I • • • • • • - INTRODUCED AS A BILL BY COUNCILMAN SMITH . BY AUTHORITY ORDINANCE NO . , SERIES OF 1978. AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 22.4B, AND AMENDING CHAPTER 22.8 ENTITLED, 'FLOOD PLAIN(FP) 1 , AND 'DEFINITIONS' RESPECTIVELY, RELATING TO THE IDENTIFICATION OF AREAS OF SPECIAL FLOOD HAZARD; AND ADOPTING BOUNDA RY MAPS TH EREFOR; PROHIBITING CERTAIN USES DANGEROUS TO LIF~ AND PROPERTY WITHIN SAID AREAS; RESTRICTING USES HAZARDOUS TO P UBLIC HEALTH; REQUIRING THOSE USES PERMITTED IN FLOOD PLAIN ;DISTRICTS TO BE PROTECTED AGAINST FLOODS BY FLOOD PROOFING; REGULATING THE DESIGN AND METHOD OF CONSTRUCTION OF ALL STRUCTURES WITHIN SAID DISTRICT AND GENERALLY TO PROTECT THE PUBLIC FROM THE BURD EN OF EXTRAORDINARY FINANCIAL EXPENDITURES IN A MANNER CONSISTENT WITH REASO NAB LE FLOOD PLAIN MANAGEMENT AND TO PRESERVE T HE WATER CARRYING CHARACTERISTICS AND CAPACITIES OF WATER COU RSES BOTH NATURAL AND ARTIFICIAL FOR THE CONVEYA NCE OF STORM AND FLOOD WATERS; AND DECLAR~NG AN EMERGENC Y. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as f ollows: Section 1. That Chapter 22.4B of the Comprehensive Zoning Ordinance, (Ordinance No. 26, Series 1963 as amended) is hereby repealed and re-enacted to read as follows: §22.4B-l Legislative Purpose and Intent To promote the p~biie health, safety and welfare OF THE PUBLIC, to minimize flood losses in areas subject to flood hazards; and to promote wise use of the flood plain, this zone district has been established to regulate the uses within the 100-year flood plain . with the £oiiowin~ p~rpo~e~ intended . THE AREAS OF SPECIAL FLOOD HAZARD ARE INDENTIFIED BY THE FEDERAL INSURANCE ADMINISTRATION ON FLOOD HAZ ARD BOUNDARY MAPS AND FLO OD INSURANCE RATE MAPS, WHICH MAPS ARE ON FILE IN THE ENGLEWOOD CITY HALL IN THE OFFICE OF THE CITY CLERK. BY ADOPTING THIS ZONE DISTRICT, THE FOLLOWING PURP OSES ARE INTENDED: (a) To reduce the hazard of floods to life and property through: (1) Proh ibiting certa in uses which are • I • • .. • • • - dangerous to life or property in time of flood; (2) Restricting uses which would be hazardous to the public health in time of flood; (3) Restricting uses which are particularly susceptible to flood damage, so as to alleviate hardship and reduce demands for public expenditures for relief and protection; (4) Requiring permitted flood plain uses, in- cluding public facilities which serve such uses, to be protected against floods by providing flood proofing and general flood protection at the time of initial construction. (b) To protect flood plain occupants from a flood which is or may be caused by their own, or other, land use and which is or may be undertaken without full realization of the danger, through: (1) Regulating the manner in which structures designed for human occupancy may be constructed so as to prevent danger to human life within such structures; (2) Regulating the method of construction of water supply and sanitation systems so as to prevent disease, cont amination and unsanitary conditions; (3) Delineating and describing areas tha~ could be inundated by flood so as to protect individuals from purchasing flood plain lands for purposes which are not i n fact suitable. (c) To protect the public from the burden of extra- ordinary financial expenditures for flood control and relief by regulating all uses within the flood plain areas so as to produce a method of construct ion and a pattern of development which will minimize the probab ility of damage to property and loss of life or injury to the inhabitants of the flood hazard areas. (d) To protect the natural areas required to convey flood flows so that they develop in a manner consistent with reasonable flood plain management . -2- • I • • • • • - (e) To protect and preserve the water-carrying characteristics and capacities of all wate r courses, including gulches, sloughs, and artificial wa ter channels used for the conveyance of storm and flood water. §22.4B-2 Definitions (See §22.8) S22.4B-3 Gen~ral Provisions (a) Description of Distr i ct. The Flood Plain District covers that area of the City which is within the 100- year flood plain, which is defined by computing the 100-year flood plain limits under existing channel and flood plain con- ditions. (b) Jurisdiction. The jurisdiction of this Zone District includes all lands adjacent to any watercourse within the City of Englewood that would be innundated by the 100-year flood for that watercourse as defined in the Definitions Section of this Chapter. ~et B0t1ndaries. ~he bottndaries of the Pioed Piain Bistriet shaii be as they appear on Honing Maps en fiie in the Planning Bepartment. ~he bettndary iines en the map shaii be determined by the ttse e£ the 2eaie appearing en the Map. Wtlere there is a eenfiiet between the bot1ndary iines iilttstrated on the Map and aetttal field eonditiens 7 the dispttte shail be settled aeeerding to ~~.3B-~, uMapping Bisptttesu of this €hapter. (C) FLOOD PLAIN DISTRICT BOUNDARIES. THE BOUNDARIES OF THE FLOOD PLAIN DISTRICT SHALL BE IDENTICAL TO THE AREAS OF SPECIAL FLOOD HAZARD IDENTIFIED BY THE FEDERAL INSURANCE AD- MINISTRATION ON THE FLOOD HAZARD BOUNDARY MAPS FOR THE CITY OF ENGLEWOOD, COLORADO, SHEE TS H-01 THROUGH H-04, AND THE FLOOD INSURANCE RATE MAPS FOR THE CifY OF ENGLEWOOD, COLORADO, I-01 THROUGH I-04, DATED JUNE 24, 1977. THE FLOOD HAZARD BOUNDARY MAPS AND FLOOD INSURANCE RATE MAPS PREPARED BY THE FEDERAL IN- SURANCE ADMINISTRATION, ARE HEREBY DECLARED TO BE A PART OF THIS ORDINANCE, AND THE OF FICIAL MAPS SHALL BE ON FI LE IN THE OFFICE OF THE CITY CLERK, ENGLEWOOD CITY HALL, 3400 SOUTH ELATI STREET, ENGLEWOOD, COLORADO. ~dt if the Federal insttranee Administrator has net provided water sttrfaee elevation data and has net provided en the basis ef availabie i n£ermatien 7 data ett££ieient to identify the fleodway area aieng the watereottrse within the €ity and stteh data is net available7 the fellowing meaettres shall apply~ -3- -------~--~---~--·--~ I • • ' • • • - ~it(d) Applications for Building Permits shall be re- viewed on a case-by-case basis by the Flood Plain Zoning Ad- ministrator to assure: ~at(l) That the building site will be reasonably safe from flooding. and (2) THAT ALL NECESSARY PERMITS HAVE BEEN OB- TAINED FROM THE FEDERAL, STATE OR LOCAL GOVERN- MENTAL AGENCIES FROM WHICH PRIOR APPROVAL IS REQUIRED. ~ht(3) That where the building site is in a location that may have a flood hazard, all new construction and substantial repairs, improvements, or alterations will be flood-proofed in accordance with the minimum flood-proofing criteria speci- fied in S22. 4B-7 (e) (1). (e) Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body. (f) Warning and Disclaimer of Liability. The degree of flood protection intended to be provided by this Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on occasions, or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that the areas outside of the flood plain are a boundaries or land uses permitted within such areas will always be totally free from flooding or flood damages. Nor shall there be liability on the part of, or a cause of action against, the City of Englewood or any officer or employee thereof for any flood damages that may res~lt from reliance on this Chapter. (g) Effect of Flood Plain Regulations. The regula- tions set forth in this Chapter for the Flood Plain District, shall apply to those lands within the 100-year flood plain as mapped and designated on an THE official FLOOD HAZARD BOUNDARY MAP AND THE FLOOD INSURANCE RATE MAP. Bening Ma~ and shaii he ~eid and e£ ne e££eet in areas net se ma~~ed and designated~ The regulations of this Chapter shall be construed as being supplementary to the regula tions imposed on the same lands by the underlying Zone class ification. When the Flood Plain District and the underlying Zone District regulations conflict with one another, the most restrictive regulations shall control -4- • I • • _n ...... ' • • • - S22.4B-4 Special Provisions. The following regulations shall apply to all uses within the Flood Plain District, notwithstanding that such uses may be specifically permitted under the terms of this Chapter. (a) The flood protection elevation or height shall correspond to a point one foot (1') above the elevation or "Flood Profile" shown on or attached to the Zoning Map. . (b) No structure, whether temporary or permanent; fill, including fill for roads and levees; deposit; obstruction; storage of materials; or other flood plain uses which acting alone or in combination with existing or future flood plain uses, shall be permitted that adversely affects the efficiency or the capacity of the floodway or increases flood heights or adversely affects the storage capacity of the flood plains based on the assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. (c) No flood plain uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways or any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems, NOR SHALL ANY WATERCOURSE BE ALTERED OR RESTRICTED UNLESS THE FLOOD PLAIN ZONING ADMINISTRATOR IS ASSURED THAT THE FLOOD CARRYING CAPACITY OF THE WATERCOURSE SHALL BE MAINTAINED. (D) NO STRUCTURE SHALL BE PERMITTED IN THE FLOODWAY. S22.4B-5 Description of Uses. (a) Permitted Uses. The following open uses shall be permitted within the Flood Plain District to the extent that they are not prohibited in a particular area by any under- lying Zone District classification: (1) Agricultural uses such as: general farming and the raising of plants, flowers and nursery stock; (2) Public and private recreational uses not requiring permanent or temporary structures designed for human habitation such as: Parks, swimming areas, golf courses, driving ranges, picnic grounds, fishing, and hiking and biking trails. -s- I • • • • • • (3) Utility facilities such as: flowage areas, transmission lines, pipelines, water monitoring devices, roadways, and bridges. (4) All uses allowed by the underlying Zone District classification within the Flood Plain District shall be permitted as long as the conditions set forth in Section 22.4B-6, Speciai Exception DEVELOPMENT Permits, are complied with. S22.4B-6 Speciai Exception DEVELOPMENT Permits. Any use enumerated in this Section may be permitted only upon application to the Birector e£ Pianning and the i99ttance of a Speciai Exception Permit by the eity Pianning and Boning eo111111ission FLOOD PLAIN ADMINISTRATOR as provided in S22.4B-7(d), Process to be Followed for Speciai Exception DEVELOPMENT Permits . (a) Structures Accessory to Open Uses. Structures accessory to open uses permitted in Section 22.4B-5, Description of Uses, whether temporary or permanent, may be permitted only upon a determination by the eity Pianning and Bening ee111111ission ADMINISTRATOR pursuant to a finding under the procedure required by Section 22.4B-7(d), Process to be Followed for Speciai Excep- tion DEVELOPMENT Permits, that: (1) Structures will not be designed for human habitation; (2) Structures will have a low flood damage potential; (3) The structure or structures, if permitted, will be constructed and placed on the building site so as to offer the minimum obstruction to the f l ow of flood waters; (a) Whenever possible, structures will b e constructed with the longitudinal axis p a rallel8to the direction of flow of.flood wa ters, and (b) So far as is practicable, structures will be placed so that their longitudinal axis are approximately on the same line as those of adjoining structures. (4) Structures will be firmly anchored to prevent the structure or building from floating away and -6- I • • • ' • • • • thus threatening to further restrict bridge openings and other restricted sections of the stream or river; and (5) Service facilities such as electrical equip- ment will be at or above the flood protection elevation for the particular area. (6) STRUCTURES WILL BE CONSTRUCTED WITH MATERIALS AND UTILITY EQUIPMENT RESISTANT TO FLOOD DAMAGE. (b) Other Structures, Tern orar or Permanent, to be Occupied by People. Other structures, whet er temporary or permanent, which are to be occupied by people, may be permitted only upon a finding by the eity Pianning and Boning €011111\ission FLOOD PLAIN ADMINISTRATOR that: (1) Such structures shall comply with Section (a) (3), '(4), (5) AND ill above. (2) The first floor or basement floor of any structure to be erected, constructed, reconstructed, or moved on or within the Flood Plain DISTRICT as shown on an o££ieiai Boning Map, shall be constructed at or above a point one (1) foot above the 100-year flood elevation for the particular area and the fill shall extend at such elevation at least fifteen (15) feet be- yond the limits of any structure or building erected thereon. (3) No basement shall be permitted in any residential structure. (c) Fills or Deposition of Materials. Fills ,or deposition of materials may be permitted only upon a finding by the eity Pie.nning encl Bonin_g €011111\iesion ADMINISTRATOR that: (1) Any fill or deposition of materials will comply with Section 4, Special Provisions, and (2) The fill or deposition of materials will have some beneficial purpose and the amount there- of will not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material .and the use to which the filled land will be put; (3) The fill or deposition of materials does -7- • I • • n • • • • not encroach on that portion of the flood plain which would have significant and perceptible flow during the flood, and which for that reason would help convey the flood waters. Any additional filling reduces the hydraulic capacity and re- quires appropriate hydraulic studies and a review of the urban impact of such reduction. (4) The fill or other materials will be protected against erosion by rip-rap, strong vegetative cover or bulkheading. (d) The Storage or Processing of Materials. The storage or processing of materials that are buoyant, flammable, explosive, or in time of flooding, could be injurious to human, animal, or plant life, aad shall be at er above the flood pro- tection elevation for the particular area or flood proofed in compliance with S22~4B-~ietizt S22.4B-8, FLOOD PROOFING, €ea ditieas A~taehed ~e Speeiaz Bxeep~iea Perffli~s. Solid waste disposal facilities, such as junkya~ds or areas for the dumping of refuse or the storage of hon-operable vehicles shall not be perrni tted. · (e) MOBILE HOMES. (l) ALL NEW OR REPLACEMENT MOBILE HOMES PLACED WITHIN EXISTING OR NEW MOBILE HOME PARKS OR SUB- DIVISIONS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, SHALL BE ANCHORED TO RESIST FLOTATION, COLLAPSE, OR LATERAL MOVEMENT BY PROVIDING OVER-THE-TOP AND FRAME TIES AS FOLLOWS: (A) OVER-THE-TOP TIES SHALL BE PROVIDED AT EACH OF THE FOUR CORNERS OF THE MOBILE HOME, WITH TWO ADDITIONAL TIEp PER SIDE AT INTERMEDIATE LOCATIONS, WITH MOBILE HOMES LESS THAN 50 FEET LONG REQUIRING ONE ADDITIONAL TIE PER SIDE; (B) FRAME TIES SHALL BE PROVIDED AT EACH CORNER OF THE MOBILE HOME WITH FIVE ADDITIONAL TIES PER SIDE AT INTERMEDIATE POINTS, WITH MOBILE HOMES LESS THAN 50 FEET LONG REQUIRING FOUR ADDITIONAL TIES PER SIDE; (C) ALL COMPONENTS OF THE ANCHORING SYSTEM SHALL BE CAPABLE OF CARRYING A FORCE OF 4,800 POUNDS; AND, (D) ANY ADDITIONS TO THE MOBILE HOME SHALL BE SIMILARLY ANCHORED. -8- I • • « • • • (2) AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, ALL NEW MOBILE HOME PARKS AND MOBILE HOME SUB- DIVISIONS AND ALL EXISTING MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS WHICH ARE EXPANDED, OR IN WHICH PARKS OR SUBDIVISIONS THE REPAIR, RE- CONSTRUCTION OR IMPROVEMENT OF THE STREETS, UTILITIES AND PADS EQUALS OR EXCEEDS 50 PERCENT OF THE VALUE BEFORE THE REPAIR, RECONSTRUCTION OR IMPROVEMENT HAS COMMENCED, SHALL COMPLY WITH THE FOLLOWING: (A) STANDS OR LOTS SHALL BE ELEVATED ON COMPACTED FILL OR ON PILING SO THAT THE LOWEST FLOOR OF THE MOBILE HOME WILL BE AT OR ABOVE THE BASE FLOOD LEVEL; (B) ADEQUATE SURFACE DRAINAGE AND ACCESS FOR A HAULER SHALL BE PROVIDED; AND, (C) IN THE INSTANCE OF ELEVATION ON PILINGS: --LOTS SHALL BE LARGE ENOUGH TO PERMIT STEPS, --PILING rouNDATIONS SHALL BE PLACED IN STABLE SOIL NO MORE THAN TEN FEET APART, AND --REINFORCEMENT SHALL BE PROVIDED FOR PILINGS MORE THAN SIX FEET ABOVE THE GROUND LEVEL. (3) NO MOBILE HOME SHALL BE PLACED IN A FLOODWAY. (4) NO MOBILE HOME SHALL BE MAINTAINED FOR TEMPORARY OR PERMANENT LIVING PURPOSES UPON ANY PRIVATE OR PUBLIC PROPERTY IN THE CITY OF ENGLEWOOD, COLORADO, UNLESS THE PROPERTY IS REGISTERED AS A MOBILE HOME PARK. (5) THE CITY SHALL ESTABLISH AN EVACUATION PLAN FOR MOBILE HOME PARKS AND FILE THE SAME WITH THE APPROPRIATE DISASTER PREPAREDNESS AUTHORITIES. (f) Similar Uses. Uses very similar in nature to permitted uses may be allowed by the eiey Pienning end Soning €0111J11ission FLOOD PLAIN ADMINISTRATOR, provided that they are consistent with the provisions of this Chapter. -9- I • • • • • • S22.4B-7 Administration. of BE of (a) Flood Plain Boning Administrator. The Director Pianning COMMUNITY DEVELOPMENT or his assignee shall administer THE FLOOD PLAIN ADMINISTRATOR AND SHALL ENFORCE the prov isions this Chapter. (b) Flood Plain Zoning Permit. A Flood Plain Zoning Permit must be obtained from the Flood Plain Boning Administrator before a Building Permit can be issued for any use subject to the provisions of this chapter AND BEFORE ANY WATERCOURSE CAN BE ALTERED OR RELOCATED. IN THE EVENT OF AN APPLICATION RE- QUESTING AN ALTERATION OR RELOCATION OF A WATERCOURSE, ALL AD- JACENT COMMUNITIES AND THE STATE COORDINATING OFFICE SHALL BE NOTIFIED PRIOR TO ANY ACTION. COPIES OF SAID NOTIFICATION SHALL BE SUBMITTED TO THE FLOOD INSURANCE ADMINISTRATION. (c) Mapping Disputes. The following procedure shall be used by the eity Planning and Boning €0111111ission FLOOD PLAIN ADMINISTRATOR in deciding contested cases in which the location of a FLOOD PLAIN District boundary is disputed: (1) In all cases the person contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the €0111111ission ADMINISTRATOR and to submit his own technical evidence if he so desires. The €0111111ission ADMINISTRATOR shall not allow deviations from the boundary line as mapped unless the evidence clearly and con- clusively establishes that the mapped location of the line is incorrect. (d) Process to be Followed for Speciai Exception DEVELOPMENT Permits. (1) Applicatioi:i For. Any use listed in this Chapter as requiring a Speciai exception DEVELOP- MENT Permit may be allowed only upon application to the Birector 0£ Pianning a n d the i ssuance of a Special Exception DEVELOPMENT Permit by the eity Pianning and Boning eo111111ission FLOOD PLAIN ADMINISTRATOR. (2) Procedure for Passing on Speciai Exception DEV E LOPMENT Permits. (a) Upon receiving an application for a Speciai Exception DEVELOPMENT Pe r mit in- volv i ng the u s e of fill, construction of structures, or storage of materials, the -10- • I • • • • • • €01M1ieeion ADMINISTRATOR shall require the applicant to submit the following: (1) Two (2) copies of an aerial photograph of the area, or a plan certified by a registe1ed engineer competent in open channel hydraulics, which accurately locates the flood plain proposal with respect to the District limits, channel of THE stream, existing flood plain developments, to- gether with all pertinent infonnation such as the nature of the proposal; legal description of the property; fill limits and elevations; building floor elevations, and flood proofing measures. (2) If it is deemed necessary by the eofflJlliseion that they ADMINISTRATOR TO have the elevation of the effects of the proposal upon flood flows and flood plain storage in order to render a decision on the proposed flood plain use, the €01M1ission ADMINISTRATOR may require the applicant to furnish the following additional information: (a) A typical valley cross-section showing the channel of the stream, the flood plain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development and high water informa- tion. (b) Plan (surface view) showing elevation or contours of the ground; pertinent structure, fill or storage elevations; size, locati on and spatial arrangement of all proposed a nd existing structures on the site; l ocation and elevations of streets, wa t er supply, sanitary f acilities, and soil types and other pertinent i nformation . (cl Profile showi ng the slope of the bottom of the channel or thalweg of the stream. -11- • I • • • • • • (d) Specifications for building construction and materials, flood proofing, filling, dredging, gradin channel improvement, storage of materials, water supply, and sanitary facilities. (3) Decision of eo111111ission ADMINISTRATOR to be base on CertaTn Factors. The determination of the €0111111ission ADMINISTRATOR on each Special Exception DEVELOPMENT Permit shall be based on the effects of the proposed project with respect to the ob- jectives and purposes of this Chapter as stated in the Statement of Purpose, Section 22.4B-l(a) (1), (2), (3), and (4). (4) The eo111111ission ADMINISTRATOR shall act on an application in the manner above described within 30 days from receiving the application. (e) Conditions At la l:hed to Speeia-l i.Keef!l~ieR DEVELOP- MENT Permits. Upon consideration of the factors l isted above and the purposes of this Chapter, the eity Planning and Boning eo111111ission FLOOD PLAIN ADMINISTRATOR fflay SHALL attach such con- ditions, in addition to those required by the Special DEVELOPMENT Permit, as it deeffls IS necessary in fttrthering TO FURTHER the purposes of this Chapter. Such conditions may include specifi- cations for, without limitatibn because of specific enumeration, modification of waste disposal methods and facilities, landscaping, period of operation, operational controls , sureities, deed re- striction, and adequate flood proofing. §22.4B-8 Floodproofing. Special exceptions re~ttiring £iood proof ing ffleasttres sttch as (a) WHERE FLOOD PROOFING IS DEEMED NECESSARY, SUCH MEASURES £oiiowing, shall be designed consistent with the flood protection elevation for the particular area as described in the Special Provisions, Section ~4r, 22.4B-4; and flood velocities, forces and other factors associated with the flood protection elevation. The eo111111ission ADMINISTRATOR shall require that the applicant submit a plan or document certified by a registered professional engineer that the flood proofing measures are con- sistent with the flood protection elevation for the particular area. (b) FLOOD PROOFING MEASURES SHALL INCLUDE THE FOLLOWING: ~ar(l) Anchorage to res ist flotation and -12- • I • • ' • • • • lateral movement. ihr(2) Installation of watertight doors, bulkheads and shutters. ier(3) Reinforcement of walls to resist water pressures. idr(4) Use of water-proof paints, membranes or mortars to reduce seepage of water through walls. ier(S) Addition of mass or weight to struc- tures to resist flotation. ifr(6) Installation of pumps to lower water levels in structures. igr(7) Construction of NEW AND REPLACEMENT water supply and waste treatment systems to prevent the entrance of flood waters INTO THE SYSTEM AND TO PREVENT DISCHARGES FROM THE SYSTEM INTO FLOOD WATERS. ihr(B) Pumpin9 facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures. iir(9) Construction to resist rupture or collapse, caused by water pressure or floating debris. i;r(lO) Cutoff valves on sewer lines or the elimination of gravity flow basement drains. ikt(ll) ON-SITE WASTE DISPOSAL SYSTEMS SHALL BE LOCATED TO AVOID IMPAIRMENT TO THEM OR CONTAMINATION FROM THEM DURING FLOODING. §22.4B-9 Certificate of Compliance. (a) No vacant land shall be occupied or used and no building shall be hereafter erected, altered, or moved on the flood plains of any water course, nor shall such buildings be occupied, until a Certificate of Compliance shall have been issued by the 9ireetor-of-Pienning FLOOD PLAIN ADMINISTRATOR. (b) The applicant shall submit a certification by a registered professional engineer to the Bireetor of Pienning -13- • I • • ( • • • • FLOOD PLAIN ADMINISTRATOR that the finished fill and building floor elevations, flood proo!ing measures, or other protection factors were accomplished in complinace with the provisions of this Chapter. THIS CERTIFICATION SHALL ALSO STATE WHETHER OR NOT THE STRUCTURE CONTAINS A BASEMENT. Within ten days after receipt of such certification from the applicant, the Bireetor of Pianning ADMINISTRATOR shall issue a Certificate of Compliance only if the building or premises and the proposed use thereof, conform with all of the requirements of this Chapter, AND SHALL MAINTAIN A PERMANENT RECORD THEREOF. The boundaries of the Flood Plain District shall be subject to periodic review ey ~ke eiey Pianning and Honing eeffl- fflissien and shall be amended in the manner provided by law, to conform with any revised, corrected or additional hydrological data available from Federal, State ·or regional agencies or from a consluting engineer retained by the City. S22.4B-ll Non-Conforming Uses. Existing Non-conforming Uses in the Flood Plain Dis- trict may be modified, altered, or repaired to incorporate floodproofing measures; but such Non-conforming Uses shall not be expanded. ~ereaeed-by-9rd~-No~-3T 7 -Series-o£-i9~it S22.4B-12 SUBDIVISION PLATS. (a) ALL SUBDIVISION PROPOSALS SHALL BE DESIGNED TO MINIMIZE FLOOD DAMAGE; (b) ALL SUBDIVISION PROPOSALS SHALL HAVE PUBLIC UTILITIES AND FACILITIES SUCH AS SEWER, GAS, ELECTRICAL, AND WATER SYSTEMS LOCATED AND CONSTRUCTED TO MINIMIZE FLOOD DAMAGE; (c) ALL SUBDIVISION PROPOSALS SHALL HAVE ADEQUATE DRAINAGE PROVIDED TO REDUCE EXPOSURE TO FLOOD DAMAGE; AND, (d) BASE FLOOD ELEVATION DATA SHALL BE PROVIDED FOR SUBDIVISION PROPOSALS AND OTHER PROPOSED DEVELOPMENT WHICH CONTAIN AT LEAST 50 LOTS OR 5 ACRES WHICHEVER IS LESS. \ S22.4B-13 VARIANCE PROCEDURE A, APPEAL BOARD (1) THE BOARD OF ADJUSTMENT AND APPEALS AS -14- I • l I I· '!. • • • - ESTABLISHED BY THE CITY OF ENGLEWOOD, SHALL HEAR AND DECIDE APPEALS AND REQUESTS FOR VARIANCES FROM THE REQUIREMENTS OF THIS ORDINANCE. (2) THE BOARD SHALL HEAR AND DECIDE APPEALS WHEN IT IS ALLEGED THERE IS AN ERROR IN ANY REQUIREMENT, DECISION, OR DETERMINATION MADE BY THE FLOOD PLAIN ADMINISTRATOR IN THE ENFORCEMENT OR ADMINISTRATION OF THIS ORDINANCE. (3) THOSE AGGRIEVED BY THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, OR ANY TAXPAYER, MAY APPEAL SUCH DECISION TO A COURT OF RECORD HAVING JURISDICTION THEREOF. (4) IN PASSING UPON SUCH APPLICATIONS, THE BOARD SHALL CONSIDER ALL TECHNICAL EVALUATIONS, ALL RELEVANT FACTORS, STANDARDS SPECIFIED IN OTHER SECTIONS OF THIS ORDINANCE, AND: (a) THE DANGER THAT MATERIALS MAY BE SWEPT ONTO OTHER LANDS TO THE INJURY OF OTHERS; (b) THE DANGER TO LIFE AND PROPERTY DUE TO FLOODING OR EROSION DAMAGE; (c) THE SUSCEPTIBILITY OF THE PROPOSED FACILITY AND ITS CONTENTS TO FLOOD DAMAGE AND THE EFFECT OF SUCH DAMAGE ON THE INDIVIDUAL OWNER; (d) THE IMPORTANCE OF THE SERVICES PROVIDED BY THE PROPOSED FACILITY TO THE COMMUNITY: (e) THE AVAILABILITY OF ALTERNATIVE LOCATIONS, FOR THE PROPOSED USE WHICH ARE NOT SUBJECT TO FLOODI~G OR EROSION DAMAGE; (f) THE COMPATIBILITY OF THE PROPOSED USE WITH EXISTING AND ANTICIPATED DEVELOPMENT: (g) THE RELATIONSHIP OF THE PROPOSED USE TO THE COMPREHENSIVE PLAN AND F LOOD PLAIN MANAGEMENT PROGRAM FOR THAT AREA: (h) THE SAFETY OF ACCESS TO THE PROPERTY IN TIMES OF FLOOD FOR ORDINARY AND EMERGENCY VEHICLES; (1) THE EXPECTED HEIGHTS, VELOCITY, DURATION, RATE OF RISE, AND SEDIMENT TRANSPORT OF -15- • I • • ... ,.. .... ...,,_...~,.., .,..., --~---·-·-··-. ~-.:r ·.;~ r ; l • • • _____ .. ,_.,..,,,~ THE FLOOD WATERS AND THE EFFECTS OF WAVE ACTION, IF APPLICABLE, EXPE CT ED AT TH E SITE; AND, (j) THE COSTS OF PROVIDING GOVER NMENTAL SERVICES DURING AND AFTER F LO OD COND I - TIONS, INCLUDING MAINTENANCE AND RE PAIR OF PUBLIC UTILITIES AND FACILITIES SUCH AS SEWER, GAS, ELECTRICAL, AND WATER SYS TEMS, AND STREETS AND BRIDGES. (5) VARIANCES MAY BE ISSUED FOR NEW CONS TRUCTI ON AND SUBSTANTIAL IMPROVEMENTS TO BE ERECT ED ON A LOT OF ONE-HALF ACRE OR LESS IN SIZE CO NTIGUOUS TO AND SURROUNDED BY LOTS WITH EXISTING STRU CTURE S CONSTRUCTED BELOW THE BASE FLOOD LEVEL, P ROVIDING ITEMS (a-j) IN S22.4B-13(4) HAVE BEEN FUL LY CONSIDERED. AS THE LOT SIZE INCREASES BEY OND THE ONE-HALF ACRE, THE TECHNICAL JUST I F ICATION REQU I RED FOR ISSUING THE VARIANCE INC REASES. (6) UPO N CONSIDERATION OF THE FACTORS OF S 22 .4 B-13(4 ) AN D TH E PU RP OS ES OF THIS ORDINANCE, THE BOARD OF AD JU STME NT AND APPEALS MAY ATTACH SU CH CO NDITIONS TO THE GRA NT ING OF VARIANCES AS IT DEEMS NECE SSARY TO FURTHER THE PURPOSES OF THIS ORDINANCE. (7) THE FLOOD PLAIN ADMINISTRATOR SHALL MAINTAIN THE REC ORDS OF ALL APPEAL ACTIONS AND REPORT ANY VARIANCES TO THE FEDERAL INSURANCE ADMI NISTRATION UPON REQUEST. B. CONDITIONS FOR VARIANCES l • (1) VARIANCES MAY BE ISSUED FOR THE RECONS TRUCTION, REHABILITATION OR RESTORATION OF STRUCTURES LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES OR THE STATE INVENTORY OF HISTORIC PLACES, WITHO UT REGARD TO THE PROCEDURES SET FORTH IN THE REMAINDER OF THIS SECTION. (2) VARIANCES SHALL NOT BE ISSUED WITHIN ANY DE S IGNAT ED FLOODWAY. (3) VARIANCES SHALL ONLY BE ISSUED UPON A DETER- MINAT ION THAT THE VARIANCE IS THE MINIMUM NECE SSARY, CONS I DERING T HE FLOOD HAZARD, TO AFFORD RELIE F . (4) VARIANCES SHALL ONLY BE ISSUED UPON: -16- I • • ( l l • Section 2. • • • (a) A SHOWING OF GOOD AND SUF FICI ENT CAUS E; (b) A DETERM INATION THAT FAILURE TO GRANT T HE VARIANCE WO ULD RES ULT IN EXCEPTIO NAL HARDSHIP TO THE AP PLICANT; AN D (c) A DETERMINATION THAT THE GRANTING OF A VARIANCE WILL NOT RESULT IN INCREASED FLOOD HEIGHTS, ADD ITIONAL THREATS TO PUBLIC SAFETY, EXTRAORDINARY P UBLIC EXPENSE, CREATE NUISAN CES, CAUSE FRAUD ON OR VICTIMIZATION OF TH E PUBLIC AS IDENTIFIED IN S22.4B-13 (4), OR CONFLICT WITH EXISTING LOCAL LAWS OR ORDINANCES. (5) ANY APPLICANT TO WHOM A VARIAN CE IS GRANTED TO BUILD THE LOWEST FLOOR ELEVA TION BEL OW THE BASE FLOOD ELEVATION SHALL BE GIVEN WRITTEN NOTICE THA T THE COST OF FLOOD INSURANCE WI LL BE COMMENSURATE WITH THE INCREASED RISK RES ULTING FROM THE REDUCED LOWEST rtooR EIJEVAT!ON. That Chapter 22.B of the Comprehens ive Zoni ng Ordinance (Ord. #26, Series of 1963, as amended) is hereby amended by adding new definitions as follows: §22.8 DEFINITIONS APPEAL: A REQU EST FOR A REVIEW OF THE BUILDING INSPECTOR'S OR THE FLOOD PLAIN ADMINISTRATOR'S INTERPRETA TI ON OF ANY PRO- VISION OF THIS ORDINANCE OR A REQUEST FOR A VARIANC E THE RET O . AREA OF SPECIAL FLOOD HAZARD: THE LAND IN TH E F LOO D PLAIN WITHIN THE CITY OF ENGLEWOOD WHICH IS SUBJECT TO A ONE PERCENT OR GREATE R CHANCE OF FLOODING IN ANY GIVEN YEAR. I BASE FLOOD: THE FLO OD HAVIN G A ONE PERC ENT CH ANCE OF BEING EQUALLED OR EX CEEDED IN ANY GIVEN YEAR. Channe l : A natural or a rtificial watercourse of pe rcep tible e xtent, with def in ite bed and banks to confine and con duc t c ontinuously or periodically flowing water. Channe l flow th us is that water which is flowi ng wit hin the limits of the defined channel . DEVELOPMENT: ANY MAN-MADE CHANGE TO IMPROVED OR UNIMPROVED -1 7- • I • • ( l C • • • • REAL ESTATE , INCLUDING'BU T NOT LIMITED TO BUI LDINGS OR OTHER STRUCTURES, MINING, DREDGI G, F ILLING, GRA DI NG , PA~ING, EXCAVAT I ON OR DRILLING OPERATIONS LOCATE D WI THIN TH E AREA OF SPECIAL l'LOOD HAZARD. Encroachment Lines: The limits of obstruction to flood flows. These lines are gene rally parallel t o the stream. The line s are established b y ass uming t hat the are a lan ward (out- side) of t he encroachment lines ma y be ultima t e l y devc o ed in such a way that it will n ot be avail able to c onvey flood flows . The stream channel and adjoining flood plains b etween heFe lines wi ll be maintained as open space and wi l l bP aoPauatc to convey the 100 -year flood without adver sel y incrC' sing one (1) foot. Equal Degree of Encroachmen t : The degree of e n croachme n establ ished by cons i dering the effect of encroac hme nt on tr> hydrau lic efficienc y of the flood plain a long a s ig n ifica nt reach of the stream on bo h side s. EXISTING MOB ILE HO ME P A kOBILE HOME PARK EXISTI NG WITHI N THE CITY OF ENGLEWOO D ON THE EFFECTIVE DATE OF THIS ORDINANCE OR EXISTING ON THE DATE OF ANN EXATION WITHIN TERRITO RY ANNEXED TO THE CITY OF ENGLE WOOD SUBSEQ UENT TO THE EFFECTIVE DATE OF THIS ORDINANCE . EXPANSION TO AN EX IST ING MOBILE HOME PA RK: THE PREPARATI ON OF ADDITIONA L MOBI LE HOME SPACES OR THE CONSTRUCTI ON OF FAC I LITIES FOR SERVICI NG THE MOBILE HOME SPACE ON WHICH THE MOBILE HOM ES ARE TO BE AFFIXED , INCLU DING THE INSTALLAT ION OF UT LIT IE S , FINAL SITE GRAD I NG OR POURING OF CONCRET E PADS OR THE CONST RU CTION OF STREETS. Flood: The water from a river, stream , watercou r se , lake or other body of standing wat e r that temporarily ove r flows or i nun dates adjace nt lands and which may affec t o t h e~ land s and activities through stage elevation backwater, and/o r i~c e ase d ground water level. FLOOD INSURANCE RATE MAP (FIRM): THE OFFI C I AL MAP 0 WHICH THE FEDERAL INSURANCE ADMINISTRATION HA S DELI E TED BOTH THE AREAS OF SP ECIAL FLOOD HAZARDS AND T HE RISK REMIU M ZONES APPLICABLE TO THE CITY OF ENGLEWOOD. FLOOD INSURANCE STUDY : THE OFFICIAL REPORT PROV IDED BY TH E FEDERA L INS URANCE ADMIN ISTRATION THAT INCLUDE S F LOOD PROFILES, THE FLOOD BOUNDARY-FLOODWAY MAP AND THE WATER S U ACF F LFVATION OF THE BASE F LOOD. Flood Plain: The r e latively flat or l owland are a a d joining a river, stream, wa ercourse , lake , or other body o f stan d ing -1 8 - • I • • ( ( ( • • • • water which has been or ~a~ be rovPred te~porarily v flood water. Fo adrrinis+-rativ, purposes, thP flooc! p1ain rnav bP defined as the area that wo•'c nun·a+cd b• thP "Sta a rd Project 'lood" (Cor s of rn ineers or :.he "Maximum Proba· e Flood" (TVA). Flood subject to determin d determin d by or legal boJ.n as dcfinPd by Flood rofilr· the rela ionshin of to location along a Floo~roofin~: ny s truc ural ~dd. ons, ch" and struc ur s, rr1mari1y for flood dam,ge to ands , water , an~ an d contents o~ buil inn ion of the flood plaJn ar '"'ood. It~ wldth is l th or rearh is or y P". i. t t.C'a c ~ gi al flood p () Je chow ng of a flood event f't:.ructures, Flood Prot c~io~ E evation: A~ le·a 10n o P foot above -hec:leva t on 0-If "0C. prof le• Of the 1 -rE' r f 00d under existing channel and floo plain cond1t-1ons It is one (1) foot above thr elevation of the floe~ r the Flood Plain lood Hazard Roun ~rv t p/Flood Insurance Ra P or , Color~do. Flood Staqe: The heioht or elevation of a flood as referred o ~ c'la .. u"1. T 1.s ls CO"' •. only used to refer to the eleva ion at which a ., .. re~m wi:l overtop i s norma ., .. age banks . Flooc'lwa Tha' or io, n~ the Flood Plain District re- quired •or the rPasc•1 Lhlr pac:,; qe or c-onveyan::e of t, 100- yenr floe'. This is the area o 10 1ficant dep+-h~ and ve loci ties a nd d•e consi er ti" soul ? -+-o e PC r. ~ 111, loss of .:-res 'ow .,.,, "1l+-• a · er 'l"'e w .. ., UNIT (Al ns. •s BLB FOP LlV~ G u~~osES, A'" ',G, COOKI , 0 '1 CPBI\TI ON, u:~D O LY FR STORAGE PU R- RE ID ·~TI L DWF I~G rTERISTICS: IT IS r;ESIG. n · C"\ • o •r.-"'BRM OCCUPANCY AND CONTA INS I • • ( ( • • • - A FLUS I TOILET, ~!JB OR HOWER IlA"'II, t'~'T'~HF ' F CILITIE~ A"') SL 0'EPI ,G l<C 0M, DAT IONS. (B) TIS DESIGNED TO BE TRA S OR~ED AFTFR F ON ITS OWN \\'HEELS, ON A FLATBED OR OTHER (C) IT ARRI ES AT Tl~ SIT WHERE I'.:' IS TO BE OCCUP:.'.ED J\S A DWFLLI'~C: CO 1PLE~ , lCLU WG JOR APPL. ANCES NW F ITU , rm READY FOR OCC':JPA'lC C': 'PPT OR ,U OR '"ID I!'CID lP.".CKING AND AfSEMBLY OPERA'l'ION~ L I O'l H UPPORTS, CO NECTION TO l' DOUBLE-WIDE 0~ TPIP CONS ISTING RESPEC:TIV-LY t HORIZONTA LY AT THE s.,.=E STILL RETAINING T •·•1 I ' A 10BILE HOME MOVF. E EXPANDABLE ") IL"' H0'1E: ROOM SEC"'TO~./S THAm J:'OT D, COL PRINCIPJIL UN T v HP"l BPI?lC: AT TH I'r"' ·~o OVIDE AD CAN 1'E E,PA OED A TRACT OF !..AND El'l'H · R IN SINGLE OWNER- ~m/OR LOTS 1·mrc11 1AY BE :N SEPARATE VIRO~ •• EN B. SIS. ED '~Tl A NEC Sf,PY FACILITIES S EVP•,on,_.,r:"l"' LT\."l, M"'ETING R~l'lANCf; AND ' !CH IS II Tf:NDF.D IN, S TISFYING LI I IG ·N- 'T'fm~ OCClJPANC MOBILE l!OME S1 ACE: A PLOT or GROUND WITHIN A 10BILE HOME PARK, DESIGNED FOR-Tl-; ACC01·l!-ODATION OF ONE MOBII · HO~IB. FO WIH~ "'HES'!' PT OF TIE EPF C"'I 'E n~TP OF TH S A MOqTL HO!'-"' PARK FOR v-i1lICH THE 'IIIE ?lOBILE HO!-' , SP, ci::s OR PCT? I IT .:> TO , POL'PI:-;G IF"' .D Reach: l\ yaraul · c c"1g n0oring err.i o "scribe longi- tudin--;::-e· ment " " ·t "dm nr r ·C>r. reac1 w· 1 qcner11lly .include the seq n c~ the l od plai1 wt~re flood P.1qh s re -"0- • I • • I n n ( ( C • • • • primarily controlled by man-made or natur 1 flood plain ob~truc- tions or restrictions. In an urban area, the s <1 of s rPam or river be ween two consecutive bridge crossings would mos~ likely be a re1ch. MOBILE HOMB PARK -ST RT OF CO~STRITCTION TIIF. DATE 0 WHICH THE CONSTRUCTION OF FACILITIES FOR SERVICIN~ '1'1!£ SITES ON WHICH THE MOBILE HOMES ARE '.'0 BE AFFIXED, INCLUn !,G BUT NOT LIMITED TO THE CONSTRUCTION OF STREETS, FINAL SITE GRADING, POU RING OF CONCRETE PADS, AND INSTALLA:'IOH OF GT L~TIES I COMME'CED. ~rap: A facing of masonry or tic '•1,;e for protPc-ting an embankment. Riprap shall consist of f~eld stone or rough unhewn quarry stone as nearly rectangular as is prac icable. Broken concrete masonry or roncre t e pavement may be used if approved by the Director of Public Works. ~he stone shall have a specific gravi y of at lea st 2.25 and shall he r0s·s ant to the action of air and w •er. Faking or fragrnental TOck will no be permit ed. Sto s shall have a mini~um thickness of 3 inches and a ninimurn volume of one cubic foot and at least 50 percent by weight sha" havE' a volun of two rubic feet or more. The riprap shall be laced to conform o t, specifica- tions of the Director of Publ·c Works. Storaqe Capac i1=}'. of a Fl._0...9 Plain: The volume of space above an area of flood plain lanrl that can be occupied by flood water of a given stage ta given time, regardless of whether the water i mov.1.1, 1. Structure: Anything cons~ructed or erected which requires loca ion upon or under the ground or at ached to some hing hav ing loca ion upon or under he ground. Subs antial improveme~~: Any repair, reconstruction, o r improvement of a property, the cost of which equals or exceed s 50 percent of the fair market value of the proper y "'ther (a) before the improvement is started or (bl if he prop_rty has been damaged and is beinq rcstor"d, before the damage occurred . Substantial improve en is s+-.ar'"-cd wh !1 the "irst altc at-ion of any wall, -eilino, floor, or ther s rue ural part of the building commences. VARIANCE : A GRAN:' OF RELIEF FROM "'HE REOUIRE'1r.NTS OF THIS ORDINANCE WHICH WOUI,D PERMIT THE USE OF LAND OTl. CONSTRUCTION ON THE LAND IN A ,. N. ER THAT WOULD OTI!EPWISE BE PROHIBITED BY THIS OP.DI:JA .__E. WATERCOURSE: THE CHANNEL OF A STREAM OR A IAT llRAL OR Ml\N:-1. DE CHANN L U ED FOR T lE CONVEYANCE OF WATER. -21- I • • C • • • • FLOOD PLAIN ADMINISTRATOR: THE DIRECTOR OF C01':MVNITY DE- VELOPM£NTQ"jf HIS ASSIGNEE SHALL BE THE FLOOD PLAIN ADMINISTRA-TO R , ALSO REFERRED TO AS TH E ADMINISTRATOR, Section 3. ----=:.. The City Council hereby finds and determines that provisions of this Ordinance must b ecome effective on F bruary I, 1978 in o r der to continue the benefits accruing to those indivi- du al s wh o have purchased flood insurance purs uan t to the Federal program previously instituted, and therefore finds that an emergency ex ists a nd declares that this Ordinance shall be in fu1 1 force and effect upon Publication following final passage. Introduced, read i n full and passe d on First Reading on t he _____ day of _January, 1978, Published as a Bill for an Ordinance on the ____ day of J anuary, 1978. Rad by title and passed on final reading on the _____ day of , 1978. Published by title as Ordinance No . , Series of 1978, on the day of" , 1978. AT TEST : MAYOR ex officio City Clerk-Treasurer I, William D. James do hereby certify that the above and foregoing is a true, accurate and comple te copy of a Bill for an Ordinance , introduced ,.rea d in full and p asse d on first reading on the ____ day of January, 1978 . ex offic io City Clerk-Treasurer -22- • I • • n ....... • • • • • • - INTRODUCED AS A BILL BY CO UNCILMAN SMITH . BY AUTHORITY ORDINANCE NO. , SERIES OF 1978. AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 22.4B, AND AMENDING CHAPTER 22.8 ENTITLED, 'FLOOD PLAIN (FP) 1 , AND 'DEFINITIONS' RESPECTIVELY, RELATING TO THE IDENTIFICATION OF AREAS OF SPECIAL FLOOD HAZARD; AND ADOPTI NG BOUNDARY MAPS THEREFOR; PROHIBITING CERTAIN USES DANGEROUS TO L I F~ AND PROPERTY WITHIN SAID AREAS; RESTRICTING USES HA ZARD OUS TO P UBLIC HEALTH; REQUIRING THOSE USES PERMITTED IN FLOOD PLAIN •DISTRICTS TO BE PROTECTED AGAINST FLOODS BY FLOOD PROOFING; REGULAT ING T HE DESIGN AND METHOD OF CONSTRUCTION OF ALL STRU CTURES WITHIN SAID DISTRICT AND GENERALLY TO PROTECT THE PUBLIC FROM THE BURDEN OF EXTRAORDINARY FINANCIAL EXPENDITURES IN A MANNER CONSISTENT WITH REASONABLE FLOOD PLAIN MANAGEMENT AND TO PRESERVE TH E WATER CARRYING CHARACTERISTICS AND CAPACITIES OF WATER COURSES BOT H NATURAL AND ARTIFICIAL FOR THE CONVEYANCE OF STORM AND FLOOD WATERS; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 22.4B of the Comprehensive Zoning Ordinance, (Ordinance No. 26, Series 1963 as amended) is hereby repealed and re-enacted to read as follows: §22.4B-l Legislative Purpose and Intent To promote the ~~~iie health, safety and welfare OF THE PUBLIC, to minimize flood losses in areas subject to flood hazards; and to promote wise use of the flood plain, this zone district has been establishe d to regulate the uses within the 100-year flood plain. with the £oiiowing ~~rpoeee intended. THE AREAS OF SPECIAL FLOOD HAZARD ARE INDENTIFIED BY THE FEDERAL INSURANCE ADMINISTRATION ON FLOOD HAZARD BOUNDARY MAPS AND FLOOD INSURANCE RATE MAPS, WHICH MAPS ARE ON FILE IN THE ENGLEWOOD CITY HALL IN THE OFFICE OF THE CITY CLERK. BY ADOPTING THIS ZONE DISTRICT, THE FOLLOWING PURPOSES ARE INTENDED: (a) To reduce the hazard of floods to life and property through: (1) Prohibiting certain uses which are :1 ·1 I • I • • • • • • • - dangerous to life or property in time of flood; (2) Restricting uses which would be hazardous to the public health in time of flood; (3) Restricting uses which are particularly susceptible to flood damage, so as to alleviate hardship and reduce demands for public expenditures for relief and protection; (4) Requiring permitted flood plain uses, in- cluding public facilities which serve such uses, to be protected against floods by providing flood proofing and general flood protection at the time of initial construction. (b) To protect flood plain occupants from a flood which is or may be caused by their own, or other, land use and which is or may be undertaken without full realization of the danger, through: (1) Regulating the manner in which structures designed for human occupancy may be constructed so as to prevent danger to human life within such structures; (2) Regulating the method of construction of water supply and sanitation systems so as to prevent disease, contamination and unsanitary conditions; (3) Delineating and describing areas that could be inundated by flood so as to protect individuals from purchasing flood plain lands for purposes which are not in fact suitable. (c) To protect the public from the burden of extra- ordinary financial expenditures for flood control and relief by regulating all uses within the flood plain areas so as to produce a method of construction and a pattern of development which will minimize the probability of damage to property and loss of life or injury to the inhabitants of the flood hazard areas. (d) To protect the natural areas required to convey flood flows so that they develop in a manner consistent with reasonable flood plain management • -2- • I • • - • • • • - {e) To protect and preserve the water-carrying characteristics and capacities of all water courses, including gulches, sloughs, and artificial water channels used for the conveyance of storm and flood water. §22.4B-2 Definitions (See §22.8) S22.4B-3 General Provisions (a) Description of District. The Flood Plain District covers that area of the City which is within the 100- year flood plain, which is defined by computing the 100-year flood plain limits under existing channel and flood plain con- ditions. (b) Jurisdiction. The jurisdiction of this Zone District includes all lands adjacent to any watercourse within the City of Englewood that would be innundated by the 100-year flood for that watercourse as defined in the Definitions Section of this Chapter. ~et Bet1ndaries. ~he bettndaries ef the Fleed Plain Bistriet shall be as they appear en Sening Haps en file in the Planning Bepartment..-~he bettndary lines en the map shall be determined by the ttee ef the ~eale appearing en the Map..-Where there is a eenfliet between the bem,dary lines illttstrated en the ·Hap and aetttal field eenditiens7 the dispttte shall be settled aeeerding te cc ... 3B-T, uMapping Bieptttesu ef thie €hapter. (C) FLOOD PLAIN DISTRICT BOUNDARIES. THE BOUNDARIES OF THE FLOOD PLAIN DISTRICT SHALL BE IDENTICAL TO THE AREAS OF SPECIAL FLOOD HAZARD IDENTIFIED BY THE FEDERAL INSURANCE AD- MINISTRATION ON THE FLOOD HAZARD BOUNDARY MAPS FOR THE CITY OF ENGLEWOOD, COLORADO, SHEETS H-01 THROUGH H-04, AND THE FLOOD INSURANCE RATE MAPS FOR THE CITY OF ENGLEWOOD, COLORADO, I-01 THROUGH I-04, DATED JUNE 24, 1977. THE FLOOD HAZARD BOUNDARY MAPS AND FLOOD INSURANCE RATE MAPS PREPARED BY THE FEDERAL IN- SURANCE ADMINISTRATION, ARE HEREBY DECLARED TO BE A PART OF THIS ORDINANCE, AND THE OFFICIAL MAPS SHALL BE ON FILE IN THE OFFICE OF THE CITY CLERK, ENGLEWOOD CITY HALL, 3400 SOUTH ELATI STREET, ENGLEWOOD, COLORADO. ~dt ff the Federal fnsttranee Adminietrater has net provided water ettrfaee elevation data and has net provided en the basis ef available infermatien7 data sttffieient te identify the fieedway area aleng the watereettree within the €ity and etteh data is net avaiiabie7 the fellowing measttree ehali apply~ -3- • I • • - • • • • • • - ~it(d) Applications for Building Permits shall be re- viewed on a case-by-case basis by the Flood Plain Zoning Ad- ministrator to assure: ~et(l) That the building site will be reasonably safe from flooding. end (2) THAT ALL NECESSARY PERMITS HAVE BEEN OB- TAINED FROM THE FEDERAL, STATE OR LOCAL GOVERN- MENTAL AGENCIES FROM WHICH PRIOR APPROVAL IS REQUIRED. ~bt(3) That where the building site is in a location that may have a flood hazard, all new construction and substantial repairs, improvements, or alterations will be flood-proofed in accordance with the minimwn flood-proofing criteria speci- fied in S22. 4B-7 (e) (],). (e) Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body. (f) Warnin and Disclaimer of Liabilit . The degree of flood protection inten ed to be provided by this Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on occasions, or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that the areas outside of the flood plain area boundaries or land uses permitted within such areas will always be totally free from flooding or flood damages. Nor shall there be liability on the part of, or a cause of action against, the City of Englewood or any officer or employee thereof for any flood damages that may res~lt from reliance on this Chapter. (g) Effect of Flood Plain Regulations. The regula- tions set forth in this Chapter for the Flood Plain Di strict, shall apply to those lands within the 100-year flood plain as mapped and designated on en THE official FLOOD HAZARD BOUNDARY MAP AND THE FLOOD INSURANCE RATE MAP. Bonin~ Hep end ehaii be ~oid and of no e££eee in ereee nee eo mepped end deei~neeedT The regulations of this Chapter shall be construed as being supplementary to the regulations imposed on the same lands by the underlying Zone classification. When the Flood Plain District and the underlyi ng Zone District regulations conflict with one another, the most restrictive regulations shall control -4- • J I • • • •• • • • • • S22.4B-4 Special Provisions. The following regulations shall apply to all uses within the Flood Plain District, notwithstanding that such uses may be specifically permitted under the terms of this Chapter. (a) The flood protection elevation or height shall correspond to a point one foot (1') above the elevation or "Flood Profile" shown on or attached to the Zoning Map. . (b) No structure, whether temporary or permanent; fill, including fill for roads and levees; deposit; obstruction; storage of materials; or other flood plain uses which acting alone or in combination with existing or future flood plain uses, shall be permitted that adversely affects the efficiency or the capacity of the floodway or increases flood heights or adversely affects the storage capacity of the flood plains based on the assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. (c) No flood plain uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways or any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems, NOR SHALL ANY WATERCOURSE BE ALTERED OR RESTRICTED UNLESS THE FLOOD PLAIN ZONING ADMINISTRATOR IS ASSURED THAT THE FLOOD CARRYING CAPACITY OF THE WATERCOURSE SHALL BE MAINTAINED. (D) NO STRUCTURE SHALL BE PERMITTED IN THE FLOODWAY. S22.4B-5 Description of Uses. (a) Permitted Uses. The following open uses shall be permitted within the Flood Plain District to the extent that they are not prohibited in a particular area by any under- lying Zone District classification: (1) Agricultural uses such as: general farming and the raising of plants, flowers and nursery stock; (2) Public and private recreational uses not requiring permanent or temporary structures designed for human habitation such as: Parks, swimming areas, golf courses, driving ranges, picnic grounds, fishing, and hiking and biking trails . -s- • I • • •· • • • • • • (3) Utility facilities such as: flowage areas, transmission lines, pipelines, water monitoring devices, roadways, and bridges. (4) All uses allowed by the underlying Zone District classification within the Flood P l ain District shall be permitted as long as the conditions set forth in Section 22.4B-6, Spe~iai Exception DEVELOPMENT Permits, are complied with. S22.4B-6 Speciai Exception DEVELOPMENT Permits. Any use enumerated in this Section may be permitted only upon application to the Birector 0£ Planning and the iss~ance of a Speciaz exception Pel'fflit ~Y the eity Pzanning and Boning eoffl!llission FLOOD PLAIN ADMINISTRATOR as provided in S22.4B-7(d), Process to be Followed for 6peeia1 Exception DEVELOPMENT Permits. (a) Structures Accessory to Open Uses. Structures accessory to open uses permitted in Section 22.4B-5, Description of Uses, whether temporary or permanent, may be permitted only upon a determination by the eity Planning and Boning eo1t1J11ission ADMINISTRATOR pursuant to a finding under the procedure required by Section 22.4B-7(d), Process to be Followed for Speciaz Excep- tion DEVELOPMENT Permits, that: (1) Structures will not be designed for human habitation; (2) Structures will have a low flood damage potential; (3) The structure or structures, if permitted, will be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters; (a) Whenever possible, structures will be constructed with the longitudinal axis parallelet:o the direction of flow of flood waters, and (bl So far as is practicable, structures wi ll be placed so that their longitudinal axis are approximately on the same line as those of adjoining structures. (4) Structures will be firmly anchored to prevent the structure or building from floating away and -6- • I • • • ( • • • • - thus threatening to further restrict bridge openings and other restricted sections of the stream or river; and (5) Service facilities such as electrical equip- ment will be at or above the flood protection elevation for the particular area. (6) STRUCTURES WILL BE CONSTRUCTED WITH MATERIALS AND UTILITY EQUIPMENT RESISTANT TO FLOOD DAMAGE, (b) Other Structures, Tern orar or Permanent, to be Occupied by People. Other structures, whet er temporary or permanent, which are to be occupied by people, may be permitted only upon a finding by the eity Planning and Boning €01M1iesion FLOOD PLAIN ADMINISTRATOR that: (1) Such structures shall comply with Section (a) (3), '(4), (5) AND ill above. (2) The first floor or basement floor of any structure to be erected, constructed, reconstructed, or moved on or within the Flood Plain DISTRICT as shown on an offieial Boning Map, shall be constructed at or above a point one (1) foot above the 100-year flood elevation for the particular area and the fill shall extend at such elevation at least fifteen (15) feet be- yond the limits of any structure or building erected thereon. (3) No basement shall be permitted in any residential structure. (c) Fills or Deposition of Materials. Fills or deposition of materials may be permitted only upon a finding by the eity Planning and Sonin,g €01M1ieeion ADMINISTRATOR that: (1) Any fill or deposition of materials will comply with Section 4, Special Provisions, and (2) The fill or deposition of materials will have some beneficial purpose and the amount there- of will not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material .and the use to which the filled land will be put; (3) The fill or deposition of materials does -7- • I • • • • •' - not encroach on that portion of the flood plain which would have significant and perceptible • flow during the flood, and which for that reason would help convey the flood waters. Any additional filling reduces the hydraulic capacity and re- quires appropriate hydraulic studies and a review of the urban impact of such reduction. (4) The fill or other materials will be protected against erosion by rip-rap, strong vegetative cover or bulkheading. (d) The Storage or Processing of Materials. The storage or processing of materials that are buoyant, flammable, explosive, or in time of flooding, could be injurious to human, animal, or plant life, and shall be at er above the flood pro- tection elevation for the particular area or flood proofed in compliance with S22~4B-T~et~it S22.4B-8, FLOOD PROOFING, een ditiens Attached te Speeiai Bxeeptien Permits. Solid waste disposal facilities, such as junkyatds or areas for the dumping of refuse or the storage of Hon-operable vehicles shall not be permitted. (e) MOBILE HOMES. • (1) ALL NEW OR REPLACEMENT MOBILE HOMES PLACED WITHIN EXISTING OR NEW MOBILE HOME PARKS OR SUB- DIVISIONS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, SHALL BE ANCHORED TO RESIST FLOTATION, COLLAPSE, • • OR LATERAL MOVEMENT BY PROVIDING OVER-THE-TOP AND FRAME TIES AS FOLLOWS: (A) OVER-THE-TOP TIES SHALL . BE PROVIDED AT EACH OF THE ,FOUR CORNERS OF THE MOBILE HOME, WITH TWO ADDITIONAL TIES PER SIDE AT INTERMEDIATE LOCATIONS, WITH MOBILE HOMES LESS THAN 50 FEET LONG REQUIRING ONE ADDITIONAL TIE PER SIDE; (B) FRAME TIES SHALL BE PROVIDED AT EACH CORNER OF THE MOBILE HOME WITH FIVE ADDITIONAL TIES PER SIDE AT INTERMEDIATE POINTS, WITH MOBILE HOMES LESS THAN 50 FEET LONG REQUIRING FOUR ADDITIONAL TIES PER SIDE; (C) ALL COMPONENTS OF THE ANCHORING SYSTEM SHALL BE CAPABLE OF CARRYING A FORCE OF 4,800 POUNDS; AND, (D) ANY ADDITIONS TO THE MOBILE HOME SHALL BE SIMILARLY ANCHORED. -8- • I • • • • • • • - (2) AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, ALL NEW MOBILE HOME PARKS ANO MOBILE HOME SUB- DIVISIONS ANO ALL EXISTING MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS WHICH ARE EXPANDED, OR IN WHICH PARKS OR SUBDIVISIONS THE REPAIR, RE- CONSTRUCTION OR IMPROVEMENT OF THE STREETS, UTILITIES ANO PADS EQUALS OR EXCEEDS 50 PERCENT OF THE VALUE BEFORE THE REPAIR, RECONSTRUCTION OR IMPROVEMENT HAS COMMENCED, SHALL COMPLY WITH THE FOLLOWING: (A) STANDS OR LOTS SHALL BE ELEVATED ON COMPACTED FILL OR ON PILING SO THAT THE LOWEST FLOOR OF THE MOBILE HOME WILL BE AT OR ABOVE THE BASE FLOOD LEVEL; (B) ADEQUATE SURFACE DRAINAGE ANO ACCESS FOR A HAULER SHALL BE PROVIDED; AND, (C) IN THE INSTANCE OF ELEVATION ON PILINGS: --LOTS SHALL BE LARGE ENOUGH TO PERMIT STEPS, --PILING FOUNDATIONS SHALL BE PLACED IN STABLE SOIL NO MORE THAN TEN FEET APART, AND --REINFORCEMENT SHALL BE PROVIDED FOR PILINGS MORE THAN SIX FEET ABOVE THE GROUND LEVEL. (3) NO MOBILE HOME SHALL BE PLACED IN A FLOODWAY. (4) NO MOBILE HOME SHALL BE MAINTAINED FOR TEMPORARY OR PERMANENT LIVING PURPOSES UPON ANY PRIVATE OR PUBLIC PROPERTY IN THE CITY OF ENGLEWOOD, COLORADO, UNLESS THE PROPERTY IS REGISTERED AS A MOBILE HOME PARK. (5) THE CITY SHALL ESTABLISH AN EVACUATION PLAN FOR MOBILE HOME PARKS AND FILE THE SAME WITH THE APPROPRIATE DISASTER PREPAREDNESS AUTHORITIES. (f) Similar Uses. Uses very similar in nature to permitted uses may be allowed by the ei~y P:anning and Bening ee111111issien FLOOD PLAIN ADMINISTRATOR, provided that they are consistent with the provisions of this Chapter. -9- • I • • , I • • • - S22.4B-7 Administration. of BE of (a) Flood Plain Boning Administrator. The Director Planning COMMUNITY DEVELOPMENT or his assignee shall administer THE FLOOD PLAIN ADMINISTRATOR AND SHALL ENFORCE the provisions this Chapter. (b) Flood Plain Zoning Permit. A Flood Plain Zoning Permit must be obtained from the Flood Plain Boning Administrator before a Building Permit can be issued for any use subject to the provisions of this chapter AND BEFORE ANY WATERCOURSE CAN BE ALTERED OR RELOCATED. IN THE EVENT OF AN APPLICATION RE- QUESTING AN ALTERATION OR RELOCATION OF A WATERCOURSE, ALL AD- JACENT COMMUNITIES AND THE STATE COORDINATING OFFICE SHALL BE NOTIFIED PRIOR TO ANY ACTION. COPIES OF SAID NOTIFICATION SHALL BE SUBMITTED TO THE FLOOD INSURANCE ADMINISTRATION. (c) Mapping Disputes. The following procedure shall be used by the eity Pianning and Boning eofflfflission FLOOD PLAIN ADMINISTRATOR in deciding contested cases in which the location of a FLOOD PLAIN District boundary is disputed: (1) In all cases the person contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the eofflJ!lissien ADMINISTRATOR and to submit his own technical evidence if he so desires. The €offl1!1issien ADMINISTRATOR shall not allow deviations from the boundary line as mapped unless the evidence clearly and con- clusively establishes that the mapped location of the line is incorrect. (d) Process to be Followed for Speeiai Bxeeption DEVELOPMENT Permits. (1) Applicatiol'.I For. Any use listed in this Chapter as requiring a Speeial Bxeeption DEVELOP- MENT Permit may be allowed only upon application to the Bireetor of Planning and the issuance of a Speeial Bxeeption DEVELOPMENT Permit by the eity Planning and Boning ee1M1ission FLOOD PLAIN ADMINISTRATOR. (2) Procedure for Passing on Speeial Exeeption DEVELOPMENT Permits. (a) Upon receiving an application for a Speeial Bxeeption DEVELOPMENT Permit in- volving the use of fill, construction of structures, or storage of materials, the -10- • I • • ........ • • • • • eo111111ission ADMINISTRATOR shall require the applicant to submit the following: (1) Two (2) copies of an aerial photograph of the area, or a plan certified by a registe~ed engineer competent in open channel hydraulics, which accurately locates the flood plain proposal with ~espect to the District limits, channel of THE stream, existing flood plain developments, to- gether with all pertinent information such as the nature of the proposal: legal description of the property; fill limits and elevations: building floor elevations, and flood proofing measures. (2) If it is deemed necessary by the ee111111ieeien that they ADMINISTRATOR TO have the elevation of the effects of the proposal upon flood flows and flood plain storage in order to render a decision on the proposed flood plain use, the eo111111ieeion ADMINISTRATOR may require the applicant to furnish the following additional information: (a) A typical valley cross-section showing the channel of the stream, the flood plain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development and high water informa- tion. (bl Plan (surface view) showing elevation or contours of the ground: pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site: location and elevations of streets, water supply, sanitary facilities, and soil types and other pertinent information. (c) Profile showing the slope of the bottom of the channel or thalweg of the stream. -11- • I • • - r • • • - {d) Specifications for building construction and materials, flood proofing, filling, dredging, gradin channel improvement, storage of materials, water supply, and sanitary facilities. (3) Decision of ee111111ission ADMINISTRATOR to be base on Certain Factors. The determination of the €e111111issien ADMINISTRATOR on each Special Bxeeptien DEVELOPMENT Permit shall be based on the effects of the proposed project with respect to the ob- jectives and purposes of this Chapter as stated in the Statement of Purpose, Section 22.4B-l(a) ( 1) , ( 2) , ( 3) , and ( 4) . (4) The eo111111issien ADMINISTRATOR shall act on an application in the manner above described within 30 days from receiving the application. (e) Conditions Atlai.:hed to 6pee4a-l EHeepU,eR DEVELOP- MENT Permits. Upon consideration of the factors listed above and the purposes of this Chapter, the €ity Pianning and Boning ee111111issien FLOOD PLAIN ADMINISTRATOR fflay SHALL attach such con- ditions, in addition to those required by the Special DEVELOPMENT Permit, as it deeffls IS necessary in fttrthering TO FURTHER the purposes of this Chapter. Such conditions may include specifi- cations for, without limitatibn because of specific enumeration, modification of waste disposal methods and facilities, landscaping, period of operation, operational controls, sureities, deed re- striction, and adequate flood proofing. §22.4B-8 Floodproofing. Speeiai exeeptione reqttiring fiood preef ing ffleasttres stteh as (a) WHERE FLOOD PROOFING IS DEEMED NECESSARY, SUCH MEASURES follewing, shall be designed consistent with the flood protection elevation for the particular area as described in the Special Provisions, Section ~4t, 22.4B-4; and flood velocities, forces and other factors associated with the flood protection elevation. The eo111111issien ADMINISTRATOR shall require that the applicant submit a plan or document certified by a registered professional engineer that the flood proofing measures are con- sistent with the flood protection elevation for the parti cular area. (b) FLOOD PROOFING MEASURES SHALL INCLUDE THE FOLLOWING: ~at(l) Anchorage to resist flotation and -12- • I • • , • • • • lateral movement. ~bt(2) Installation of watertight doors, bulkheads and shutters. ~et(3) Reinforcement of walls to resist water pressures. ~dt(4) Use of water-proof paints, membranes or mortars to reduce seepage of water through walls. ~et(S) Addition of mass or weight to struc- tures to resist flotation. ~ft(6) Installation of pumps to lower water levels in structures. ~gt(7) Construction of NEW AND REPLACEMENT water supply and waste treatment systems to prevent the entrance of flood waters INTO THE SYSTEM AND TO PREVENT DISCHARGES FROM THE SYSTEM INTO FLOOD WATERS. ~ht(B) Pumpin~ facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures. ~it(9) Construction to resist rupture or collapse, caused by water pressure or floating debris. ~jt(lO) Cutoff valves on sewer lines or the elimination of gravity flow basement drains. ~kt(ll) ON-SITE WASTE DISPOSAL SYSTEMS SHALL BE LOCATED TO AVOID IMPAIRMENT TO THEM OR CONTAMINATION FROM THEM DURING FLOODING. §22.48-9 Certificate of Compliance. (a) No vacant land shall be occupied or used and no building shall be hereafter erected, altered, or moved on the flood plains of any water course, nor shall such buildings be occupied, until a Certificate of Compliance shall have been issued by the Bireetor-of-Pienning FLOOD PLAIN ADMINISTRATOR. (b) The applicant shall submit a certification by a registered professional engineer to the Bireetor of Pienning -13- • I • • • , • • • - FLOOD PLAIN ADMINISTRATOR thht the finished fill and building floor elevations, flood proofing measures, or other protection factors were accomplished in complinace with the provisions of this Chapter. THIS CERTIFICATION SHALL ALSO STATE WHETHER OR NOT THE STRUCTURE CONTAINS A BASEMENT. Within ten days after receipt of such certification from the applicant, the Bireetor of Pianning ADMINISTRATOR shall issue a Certificate of Compliance only if the building or premises and the proposed use thereof, conform with all of the requitements of this Chapter, AND SHALL MAINTAIN A PERMANENT RECORD THEREOF. S22.4B-10 Amendments ---·--- The boundaries of tHe Flood Plain District shall be subject to periodic review ey ~he eity Pianning and Boning €offl- missien and shall be amended in the manner provided by law, to conform with any revised, corrected or additional hydrological data available from Federal, State ·or regional agencies or from a consluting engineer retained by the City. S22.4B-ll Non-Conforming Uses. Existing Non-conforming Uses in the Flood Plain Dis- trict may be modified, altered, or repaired to incorporate floodproofing measures; but such Non-conforming Uses shall not be expanded. ~ereated-by-0rdT-NOT-3T7-Series-ef-i9Tit S22.4B-12 SUBDIVISION PLATS. (a) ALL SUBDIVISION PROPOSALS SHALL BE DESIGNED TO MINIMIZE FLOOD DAMAGE; (b) ALL SUBDIVISION PROPOSALS SHALL HAVE PUBLIC UTILITIES AND FACILITIES SUCH AS SEWER, GAS, ELECTRICAL, AND WATER SYSTEMS LOCATED AND CONSTRUCTED TO MINIMIZE FLOOD DAMAGE; (c) ALL SUBDIVISION PROPOSALS SHALL HAVE ADEQUATE DRAINAGE PROVIDED TO REDUCE EXPOSURE TO FLOOD DAMAGE; AND, (d) BASE FLOOD ELEVATION DATA SHALL BE PROVIDED FOR SUBDIVISION PROPOSALS AND OTHER PROPOSED DEVELOPMENT WHICH CONTAIN AT LEAST 50 LOTS OR 5 ACRES WHICHEVER IS LESS. S22.4B-13 VARIANCE PROCEDURE A. APPEAL BOARD (1) THE BOARD OF ADJUSTMENT AND APPEALS AS -14- • I • • • • • • • - ESTABLISHED BY THE CITY OF ENGLEWOOD, SHALL HEAR AND DECIDE APPEALS AND REQUESTS FOR VARIANCES FROM THE REQUIREMENTS OF THIS ORDINANCE. (2) THE BOARD SHALL HEAR AND DECIDE APPEALS WHEN IT IS ALLEGED THERE IS AN ERROR IN ANY REQUIREMENT, DECISION, OR DETERMINATION MADE BY THE FLOOD PLAIN ADMINISTRATOR IN THE ENFORCEMENT OR ADMINISTRATION OF THIS ORDINANCE. (3) THOSE AGGRIEVED BY THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, OR ANY TAXPAYER, MAY APPEAL SUCH DECISION TO A COURT OF RECORD HAVING JURISDICTION THEREOF. (4) IN PASSING UPON SUCH APPLICATIONS, THE BOARD SHALL CONSIDER ALL TECHNICAL EVALUATIONS, ALL RELEVANT FACTORS, STANDARDS SPECIFIED IN OTHER SECTIONS OF THIS ORDINANCE, AND: (a) THE DANGER THAT MATERIALS MAY BE SWEPT ONTO OTHER LANDS TO THE INJURY OF OTHERS; (b) THE DANGER TO LIFE AND PROPERTY DUE TO FLOODING OR EROSION DAMAGE; (c) THE SUSCEPTIBILITY OF THE PROPOSED FACILITY AND ITS CONTENTS TO FLOOD DAMAGE AND THE EFFECT OF SUCH DAMAGE ON THE INDIVIDUAL OWNER; (d) THE IMPORTANCE OF THE SERVICES PROVIDED BY THE PROPOSED FACILITY TO THE COMMUNITY; (e) THE AVAILABILITY OF ALTERNATIVE LOCATIONS, FOR THE PROPOSED USE WHICH ARE NOT SUBJECT TO FLOODI~G OR EROSION DAMAGE; (f) THE COMPATIBILITY OF THE PROPOSED USE WITH EXISTING AND ANTICIPATED DEVELOPMENT; (g) THE RELATIONSHIP OF THE PROPOSED USE TO THE COMPREHENSIVE PLAN AND FLOOD PLAIN MANAGEMENT PROGRAM FOR THAT AREA; (h) THE SAFETY OF ACCESS TO THE PROPERTY IN TIMES OF FLOOD FOR ORDINARY AND EMERGENCY VEHICLES; (1) THE EXPECTED HEIGHTS, VELOCITY, DURATION, RATE OF RISE, AND SEDIMENT TRANSPORT OF -15- • I • • iii ( • • (j) • • • ---.... --)ti .. .,. .. .,. THE FLOOD WATERS AND THE EFFECTS OF WAVE ACTION, IF APPLICABLE, EXPECTED AT THE SITE; AND, THE COSTS OF PROVIDING GOVERNMENTAL SERVICES DURING AND AFTER FLOOD CONDI- TIONS, INCLUDING MAINTENANCE AND REPAIR OF PUBLIC UTILITIES AND FACILITIES SUCH AS SEWER, GAS, ELECTRICAL, AND WATER SYSTEMS, AND STREETS AND BRIDGES. (5) VARIANCES MAY BE ISSUED FOR NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS TO BE ERECTED ON A LOT OF ONE-HALF ACRE OR LESS IN SIZE CONTIGUOUS TO AND SURROUNDED BY LOTS WITH EXISTING STRUCTURES CONSTRUCTED BELOW THE BASE FLOOD LEVEL, PROVIDING ITEMS (a-j) IN S22.4B-13(4) HAVE BEEN FULLY CONSIDERED. AS THE LOT SIZE INCREASES BEYOND THE ONE-HALF ACRE, THE TECHNICAL JUSTIFICATION REQUIRED FOR ISSUING THE VARIANCE INCREASES. (6) UPON CONSIDERATION OF THE FACTORS OF S22.4B-13(4) AND THE PURPOSES OF ,THIS ORDINANCE, THE BOARD OF ADJUSTMENT AND APPEALS MAY ATTACH SUCH CONDITIONS TO THE GRANTING OF VARIANCES AS IT DEEMS NECESSARY TO FURTHER THE PURPOSES OF THIS ORDINANCE. (7) THE FLOOD PLAIN ADMINISTRATOR SHALL MAINTAIN THE RECORDS OF ALL APPEAL ACTIONS AND REPORT ANY VARIANCES TO THE FEDERAL INSURANCE ADMINISTRATION UPON REQUEST. B. CONDITIONS FOR VARIANCES (1) VARIANCES MAY BE ISSUED 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 THE REMAINDER OF THIS SECTION. (2) VARIANCES SHALL NOT BE ISSUED WITHIN ANY DESIGNATED FLOODWAY. (3) VARIANCES SHALL ONLY BE ISSUED UPON A DETER- MINATION THAT THE VARIANCE IS THE MINIMUM NECESSARY, CONSIDERING THE FLOOD HAZARD, TO AFFORD RELIEF. (4) VARIANCES SHALL ONLY BE ISSUED UPON: -16- • I • • n (· • Section 2. • • - (a) A SHOWING OF GOOD AN D SUFF ICIENT CAUSE; (b ) A DET E RMINATION THA T FAILURE TO GRANT THE VARI AN CE WO ULD RESULT IN EXCEPTIONAL HARDSHI P TO TH E APPLICANT ; AND (c) A DETERMINATION T HAT THE GRANTING OF A VARIANCE WILL NOT RESULT IN INCREASED F LOOD HEIGHTS, AD DITIONAL THREATS TO PU BLIC SAFETY, EXT RAORDINA RY PUBL IC EXPENSE, CREATE NUISANCES , CAUSE FRAUD ON OR VICTIMIZATION OF THE PUBLIC AS I DENTIFIED IN S22 .4 B-13(4), OR CONFLICT WI TH EXISTING LOC AL LAWS OR ORDINANCES . (5) ANY APPLICANT TO WHOM A VARIANCE IS GRANTED TO BUI LD THE LOWEST FLOOR E LEVATION BEL OW THE BA SE FL OOD ELEVATION SHALL BE GIVEN WRITT EN NOT ICE THAT THE CO ST OF FLOOD INSURANC E WIL L BE COMMENSURATE WIT H T HE I NCREASED RISK RESULT ING FROM THE REDUCED LOWE ST tt..ooR EIJEV,AT!ON. That Chap t e r 22.8 of the Comprehensive Zoning Ordin an ce (Ord . #26, Serie s of 1963, as amended) is hereby a men ded by adding new definitions a s f ollows: S22.8 DEFI NI T I ON S APPEAL: A REQU EST FOR A REVIEW OF THE BUILDING INSPECTOR'S OR TH E FLOOD PLAIN ADMINISTRA TOR 'S INTERPRETA TI ON OF ANY PRO- VIS I ON OF T HI S ORDIN ANCE OR A RE QU EST FOR A VA RIANCE THE RETO . AREA OF SPECIAL FLOOD HAZ ARD: THE LA ND IN THE FLOOD PLAIN WITHIN THE CITY OF ENGLEWOOD WHICH IS SUBJECT TO A ONE PE RCENT OR GREATER CHANCE OF FLOODING IN ANY GIVEN YEAR . BASE FLOOD: THE FLOOD HAVING A ONE PE RCENT CHAN CE OF BE ING EQUALLED OR EXCEED ED IN ANY GIVEN YEAR. Channel: A natura l or artificial watercourse of perce pti ble extent , with definite bed and bank s to c o nfine and con duct continuously or periodically flowi ng wa t er. Channe l flow thus is that water which is flow i ng within the limits of the defined channel. DEVELO PMEN T: ANY MAN-MADE CHA NGE TO IMPROVED OR UNIMPROVED -17- • I • • ( • • • • REAL ESTATE , I CLUDING 'BUT NO T LIMI TED TO BUI LD I NGS 0, OT HER STR UCTURES, M NING, DRED GING , F I LLING , GRAD I:~G , A.'Ir-G , ExrAVi"T ION OR DRILLING OPERATIO S LOCATED WITH IN THE AREA OF SPECIAL F'.OOD HAZARD. Encro achme nt L ines: The limits of obstru ctio to flocd flows. These lines a r e genera l ly paralle l to the st r ea~. The line s a r e established by assumi ng that t h e are a landward (out - side) of the e nc roachmen t lines may be ultima tely no, 1 ped in such a way t h at i t wi ll not b e avail a ble to c onvey lo d fl o ws . The s tream ch a n nel an d adjoining flood plains betwe~n these lines wi ll be mai ntaine d as open space and w 11 b~ ~a~g ate to convey the 100 -year f l o od withou t a d ver sely incrPasi: Q on e (1) fo ot . Equal De gree o f Enc roa chment: The de g ree o f ~ncroachm e nt estab lished by cons i dering the effect of encroa c hm e n t on th e hydraul ic efficien c y of the flood plain along a significa nt reach of t he strea m on bo h s ides. EXISTING MOBILE HOME P 4t,RI$_! A kOBILE HOME PARK FXIST NG WITHIN THE CIT Y OF' ENGLEWOO D ON THE EF FECTIVE DATE OF HTS ORDINANC E OR EXISTING ON THE DATE OF ANN EXA TION wITHH TFR !TORY ANNE XE D TO THE CITY OF ENGLE WOOD S UBSE QUENT TC THE EFF CTIVE DATE OF THI S ORDINANCE . EXPANS IO TO AN EX IST I NG MOBILE HOME PARK: T•IE PRFPARATION OF ADDI T IONAL MOBILE HOM E PACES OR THE CONST RU CT ON OF F ACI LIT I ES FOR SERVIC ING THE MOBI LE HOME SPACE ON WHICH THEM ILI' HOM ES ARE TO BE AFF I XE D, INCLU DING THE INSTALLAT ION OF t'TIL ~m ES, FINAL S ITE GRAD I NG OR POURIN G OF CO NCRE TE PADS OR THE CONc,1'RUCTION OF S TREET S . Fl o od: The water from a r i v e r, stre a m, wa erco ur q e , lake or other b o d y o f standing wa t e r t hat t e mp orarily overflows or inun d t es a djace n t lands a nd wh i ch ~ay af fe ct other ld~ds a nd ac t ivit ies hrough sta ge e l e vat ion b a c k water, a. d/o in r e as ed ground water leve l. FLOOD INSURA NC E RA TE MA P (F IRM) : THE OFF I CIAL WHI CH THE FE DE RAL INSURAN CE ADMIN I STRATIO Hl.S EL 0 E BOTH THE ARE AS OF SPECIAL FLOOD HAZARDS AND T 'E PIS ' ZONES APP LI C I3LE TO THE CITY OF E NGLEW OOD . FLOOD I~SU NCE STUD Y: THE OFFIC I AL REPORT P ROVIDED BY THE FEDERAL I NSURANCE ADM! I STRA TION THA T I~CLUDE S PLOOD PR OFILES, T HE FLOOD BO UNDARY-FLOO WAY MAP AND THE WATER S U F ACF. EL EVA TION OF THE DASE "'LOOD. Fl o od Plain: The re l atively flat or lowland arP a adJ o i n1ng a r ive r , stre ~m, wat P rcourse , l ake , or othe r body of s nd ng -18- • 1 I • • n ,.. n ( • • Projec .. Flood" to Flood Staq : he referr d -0 SC'"'e di'I"" 1m . the ~l v tion ~t whir~ a banks. Fl~OJlWa~: quired for ye~r floo and d • POS NIT l·P< (A) I TS o· r c· n • • - d Pc pr0'i P ~howinq n~io of a~ ooa e ·ent foot "lo0d nv tion of a f ocd ns • •s<>d to P Pr to c:tocre r; ., 1 O~F.:S, ~ O q CP~AT ION, GE PU R- l\L WFLLPJ G ""ERI T CS: CCUP, CY AD CO JTAIN S I • • - • • • • • FL'JSJ: TOILET, 'IUD OR SHOWER BA"'H, • .,.TCf -Ill FACILITIEf l, "LEEPI!'G CC0l1M0D TIONS. (BJ •1• I • I (Cl "ED ,.'O BE TR,'\~SP()RTED AF'T R FAB I,... TIO:; WH ELS, ON FL?\~BEl' OR OTHER ~p TL R. EXPA DAB~E ~nar F :~ F! M()RP ROOM c:' ;c-if~sri H1 11 PRINC.,.PAL UN:::T AT SHIP VIRON.11 N'.i' BASIS MOBILE PARK, D'SIGNFD 10H Tl 'lll"a h: tua ·nal am include he MOBILF. HOME P'"' iE. ST RT OF T"' OF THTS l'ITEn Tl"', POURING PLETED erm o dP~cr1bP loncri- ~a~ o ve•. r0a h ~ill 0enPra ly • od n ~here f oorl e1qh~s are -20- e I • • • • • • primarily controlled by man-ma e or natural flood pl~in cbstruc- tionn or restrictions. In a urban area, the s·gmen• of r•r am or river be ween two consecutive bridc;e crossings would most- Jikely be a reach. MOBILE HOME PARK T OF C0!"5TRUCTI0N · THE DATL O:,,J WHICHTHECONSTRUC7ION o~ FAC LL'ILS FOR SERVICING THF SITES ON WHICH THE MOBILE l!Olli:S ARE TO BE J\F IXED , INCLUDING BUT NOT LIMITED TO THr: CO'.JSTRUC !'"'' OF s~RELTS, IllAL SITE p..,;n;:•J G, POURING OF CONCRE E PADS, Al'D I "T, LL ""~ON OF UTTLI"'I ~ S COMME!,CED. Riprae: A facina of~ sonry or •le ike or pro•e~ i g an e bankm n•. Riprap shall onqint o~ field s•one or rough unhewn quarry stone as rearly rectangular as is practicable. Broken concrete mnson y or concrete pavement may be used if approved by t~e Direc·or of Public Works. ~he s~one cihal' have a specific grnvi yo at 1 eas 2.25 and shall be resist nt to the a tion of air and w •er. Flaking or fragmPnta rork will not be perr.iit ed. . ner s all have a minimum thickness of 3 inches and a ~inimurn •o u~e df cne C"Ubic foot and at least 50 percent b• weight •1 1bic fe~ · or mor . The i ap sh 11 be to ~e p C"ifica- tions of the Dirnc~nr n• §.!2.raqe Cap ci1=_y o• a F oo Plain: Tl c volume of space above an a ea o L. od · la n Ian tha+-can be occupied by flood wa+-er of givens ge ta aiv n timP, regard ss of whe her the water 1s mov1n . Structure: Anyth1na conctruc ed or •rectPd whic. requires locatio upon or und r he arourd or a tached to somP hing having location upon or under tht· ground. Substantial im rovempn•: Any repair, recon~ ruction, or impro~t of a orcper y, ·he cos of which equal::; or exceeds 50 percen~ of the fair ~~rkrt v l 1e of he prop rty either (a) before the 'mprove ~nt is st r•ed or (b) if hep op~rty 'las been damaged an i~ beinq r stored, before the damage occurred. Substant ial improvrmen i"' s arted Wh"n +:.1e rir•t 1 eration o• an wall, eil1~ , flo , or 0the structur l art of he building comrn~nces. VARIANCE: /\ GR,\Jl."'T or THIS ORDilANCE WHICI WOUL ON THE LA!W N A : m ER TH THIS O I NCE. RELIEF ROM Tl!F. REQUIR · ,NTS OF I',...RMIT 'l'IIE USE OF IJ\'-0 OP CONSTPUCTION T W ULD OT!IE W SE BE PROHIBI~ D BY WATERCOURSE: Tf!!,; CHA ~EL OF A STRF.AM OR A :ATllRAL OR MZ'\'-J~ -E CHANNEL U"'EO FOR THE CONVEYANCE OF l AT 'R . • I • • l - • • • • • . FLOOD .!'._LAIN ADMINISTRATOR: THE DIRECTOR OF COMMUNIT Y DE- VELOPMENT OR HIS ASSIGNEE SHALL BE THE FLOOD PLAIN ADMINISTRA- TOR, ALSO REFERRED TO AS THE ADMINISTRATOR. Section 3. --- The City Counc il hereby finds and determines that provisions of this Ordinance must become effective on February 1, 1978 in order to continue the benefits accruing to those indivi- duals who have purchased flood insurance pursuant to the Federal program previously instituted, and there fore finds that an emergency exists and declares that this Ordinance shall be in full force and effect upon publ ic ation following final passage. Introduced, read in full and passed on First Rea ing on the ~day of January, 1978. Publis hed as a Bill for an Ordinance on the __ day of January , 1978. Read by title and passed on final reading on the _____ day of , l 7 8. Published by title as Ordinance No. , Series of 1978, on the da y of , 1978. MAYOR ATTEST: ex officio City Clerk -Treasurer I, Willi a m D. James do hereby certify that ·the above and foregoing i s a true, accurate and complete copy of a Bill for an Ordinance, intr oduced,,read in full and passed on first reading o n the ~--day of January, 1978. ex officio City Clerk-Treasurer -22- • I • • n n - • • • • - IN TRODUCED AS A BILL BY COUNCILMA N SMITH . BY AUTHOR ITY ORD IN AN CE NO. , SE RI ES OF 1978. AN ORDINANCE REPEALING AND RE -ENACTING CHAPTER 22.4B, AND AMENDING CHAPTER 22.8 ENTITLED, 'FLOOD PLAIN(FP) ', AND 'DEFINITIONS' RESPECTIVELY, RELATING TO THE IDENTIFICATION OF AREAS OF SPECIAL FLOOD HAZARD; AND ADOPTING BOUNDARY MAPS THEREFOR; PROHIBITING CERTAIN USES DANGEROUS TO L IF'S AND PROP ERTY WITHIN SAID AREAS; RESTRICTING USES HA ZARDO US TO PUBLIC HEALTH; REQUIRING THOSE USES PERMITTED IN FLOOD PLAIN ;DISTRICTS TO BE PROTECTED AGAINST FLOODS BY FLOOD PRO OF ING; REG ULATING THE DESIGN AND METHOD OF CONSTRUCTION OF ALL STRU CT URES WITHIN SAID DISTRICT AND GENERALLY TO PROTECT THE P UBLIC F ROM TH E BURDEN OF EXTRAORDINARY FINANCIAL EXPENDITURES IN A MAN NER CONS ISTENT WITH REASONABLE FLOOD PLAIN MANAGEMENT AND TO P RE SERVE T HE WATER CARRYING CHARA CTERISTICS AND CAPACITIES OF WAT ER COU RSES BOTH NATURAL AND ARTIFICIAL FOR THE CONVEYANCE OF STORM AND F LOOD WATERS; AND DEC LARING AN EMERGENCY, NOW, THEREFO RE, BE IT ORD AI NED BY THE CITY COUNCIL OF THE CITY OF EN GLE WOOD, COL ORA DO, as follows: Section 1, That Chapter 22.4B of the Comp rehensive Zoning Ordinance, (Ord inance No. 26, Series 1963 as amended) is hereby repealed and re-enacted to read as follows: §22.4B-l Legislative Purpose and Intent To pr o mote the ptlbi i e health, safety and welfare OF THE PUBLIC, to min i mi ze fl ood losses in areas subject to flood hazards; and to pro mote wi se use of the flood pla i n, this zone d i strict has been esta bli s h e d to regulate the uses within the 100-year flood plain. with the £oiiowing ptlrpo~e~ intended. THE AREAS OF SPEC I AL FLOO D HAZARD ARE INDENTIFIED BY THE FEDERAL INSURANCE ADMINIS TRATION ON FLO'OD HAZARD BOUNDARY MAPS AND FLOOD INSURANCE RATE MAPS, WH I CH MAPS ARE ON FILE IN THE EN GLEWOOD CITY HALL IN THE OFFICE OF THE CITY CLERK. BY ADOPTING THIS ZONE DISTRICT, THE FOLLOWING PURPOSES ARE INTENDED: (a) To r e duc e the hazard of floods to life and property through: (1) Proh i b i t i ng certain u s es which are ,I '! I • I • • ....... • • • • - dangerous to life or property in time of flood; (2) Restricting uses which would be hazardous to the public health in time of flood; (3) Restricting uses which are particularly susceptible to flood damage, so as to alleviate hardship and reduce demands for public expenditures for relief and protection; (4) Requiring permitted flood plain uses, in- cluding public facilities which serve such uses, to be protected against floods by providing flood proofing and general flood protection at the time of initial construction. (b) To protect flood plain occupants from a flood which is or may be caused by their own, or other, land use and which is or may be undertaken without full realization of the danger, through: (1) Regulating the manner in which structures designed for human occupancy may be constructed so as to prevent danger to human life within such structures; (2) Regulating the method of construction of water supply and sanitation systems so as to prevent disease, contamination and unsanitary conditions; (3) Delineating and describing areas that could be inundated by flood so as to protect individuals from purchasing flood plain lands for purposes which are not in fact suitable. (c) To protect the public from the burden of extra- ordinary financial expenditures for flood control and relief by regulating all uses within the flood plain areas so as to produce a method of construction and a pattern of development which will minimize the probability of damage to property and loss of life or injury to the inhabitants of the flood hazard areas. (d) To protect the natural areas required to convey flood flows so that they develop in a manner consistent with reasonable flood plain management . -2- • I • • ( • • • - (e) To protect and preserve the water-carrying characteristics and capacities of all water courses, including gulches, sloughs, and artificial water channels used for the conveyance of storm and flood water. §22.4B-2 Definitions (See §22.8) §22.4B-3 General Provisions (a) Description of District. The Flood Plain District covers that area of the City which is within the 100- year flood plain, which is defined by computing the 100-year flood plain limits under existing channel and flood plain con- ditions. (b) Jurisdiction. The jurisdiction of this Zone District includes all lands adjacent to any watercourse within the City of Englewood that would be innundated by the 100-year flood for that wate rcourse as defined in the Definitions Section of this Chapter. iet Bottndaries. ~he bottndariee e£ the Fleed Plain Bistriet shall be as they appear en Honing Haps en £±le in the Planning Bepartfflent7 ~he bettr1dary lines en the fflap shall be deterfflined by the ttse e£ the !!eale appearing en the Hap7 Where there ±ea een£l±et between the bettndary lines illttstrated en the Map and aetttal £ield eonditiens, the dispttte shall be settled aeeerding te ~~73B-~, llHapping Bisptttesll e£ thie €hapter. (C) FLOOD PLAIN DISTRIC T BOUNDARIES. TH E BOUNDARIES OF THE FLOOD PLAIN DISTRICT SHALL BE IDENTICAL TO THE AREAS OF SPECIAL FLOOD HAZARD IDENTIFIED BY THE FEDERAL INSURANCE AD- MINISTRATION ON THE FLOOD HAZARD BOUNDARY MAPS FOR THE CITY OF ENGLEWOOD, COLORADO, SHEETS H-01 THROUGH H-04, AND THE FLOOD INSURANCE RATE MAPS FOR THE CITY OF ENGLEWOOD, COLORADO , I-01 T HROUGH I-04, DATED JUNE 24, 1977. THE FLOOD HAZARD BOUNDARY MAPS AND FLOOD INSURANCE RATE MAPS PREPA RED BY THE FEDERAL IN- SURANCE ADMINISTRATION, ARE HEREBY DECLARED TO BE A PART OF THIS ORDINANCE, AND THE OFFICIAL MAPS SHALL BE ON FILE IN THE OFFICE OF THE CITY CLERK, ENGLEWOOD CITY HALL, 3400 SOUTH ELATI STREET, ENGLEWOOD, COLORADO . idt !£ the Federal insttranee Adfflinistrater has net provided water sttr£aee eleva tion data and has net provided en the basis e{ available in£erfflatien7 data ett££ieient te identify the £leodway area along the watereettrse within the eity and stteh data is net available, the £ellewi ng ffleasttres shall apply~ -3- • I • ( C • • • ~lt(d) Applications for Building Permits shall be re- viewed on a case-by-case basis by the Flood Plain Zoning Ad- ministrator to assure: ~at(l) That the building site will be reasonably safe from flooding. and (2) THAT ALL NECESSARY PERMITS HAVE BEEN OB- TAINED FROM THE FEDERAL, STATE OR LOCAL GOVERN- MENTAL AGENCIES FROM WHICH PRIOR APPROVAL IS REQUIRED. ~bt(3) That where the building site is in a location that may have a flood hazard, all new construction and substantial repairs, improvements, or alterations will be flood-proofed in accordance with the minimwn flood-proofing criteria speci- fied in S22. 4B-7 (e) (1). (e) Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be minirnwn requirements and shall be liberally construed in favor of the governing body. (f) Warning and Disclaimer of Liability. The degree of flood protection intended to be provided by this Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on occasions, or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that the areas outside of the flood plain area boundaries or land uses p ermitted within such areas will always be totally free from flood ing or flood damages. Nor shall there be liability on the part of, or a cause of action against, the City of Englewood or any officer or employee thereof for any flood damages that may res~lt from reliance on this Chapter. (g) Effect of Flood Plain Regulations. The regula- tions set forth in this Chapter for the Flood P l ain District, shall apply to those lands within the 100-year flood plain as mapped and designated on an THE official FLOOD HAZARD BOUNDARY MAP AND THE FLOOD INSURANCE RATE MAP. Bonin~ Map and ~hall be void and 0£ no e££eet in areas not so mapped and desi~nated~ The regulations of this Chapter shall be construed as being supplementary to the regulations imposed on the same lands by the underlying Zone classification. When the Flood Plain District and the underlying Zone District regulations conflict with one another, the most restrictive regulations shall control -4- • I • • ( • • • - §22.4B-4 Special Provisions. The following regulations shall apply to all uses within the Flood Plain District, notwithstanding that such uses may be specifically permitted under the terms of this Chapter. (a) The flood protection elevation or height shall correspond to a point one foot (1') above the elevation or "Flood Profile" shown on or attached to the. Zoning Map. (b) No structure, whether temporary or permanent; fill, including fill for roads and levees; deposit; obstruction; storage of materials; or other flood plain uses which acting alone or in combination with existing or future flood plain uses, shall be permitted that adversely affects the efficiency or the capacity of the floodway or increases flood heights or adversely affects the storage capacity of the flood plains based on the assumption that there will be an equal degree of encroaclunent extending for a significant reach on both sides of the stream. (c) No flood plain uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways or any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems, NOR SHALL ANY WATERCOURSE BE ALTERED OR RESTRICTED UNLESS THE FLOOD PLAIN ZONING ADMINISTRATOR IS ASSURED THAT THE FLOOD CARRYING CAPACITY OF THE WATERCOURSE SHALL BE MAINTAINED. (D) NO STRUCTURE SHALL BE PERMITTED IN THE FLOODWAY. S22.4B-5 Description of Uses. (a) Permitted Uses. T~e following open uses shall be permitted within the Flood Plain District to the extent that they are not prohibited in a particular area by any under- lying Zone District classification: (1) Agricultural uses such as: general farming and the raising of plants, flowers and nursery stock; (2) Public and private recreational uses not requiring permanent or temporary structures designed for human habitation such as: Parks, swirruning areas, golf courses, driving ranges, picnic grounds, fishing, and hiking and biking trails. -5- --~--~----~--~--·~~-----~-~----JC,- I • • ( • • • - (3) Utility facilities such as: flowage areas, transmission lines, pipelines, water monitoring devices, roadways, and bridges. (4) All uses allowed by the underlying Zone District classification within the Flood Plain District shall be permitted as long as the conditions set forth in Section 22.4B-6, Speeiai Bx~ept±on DEVELOPMENT Permits, are complied with. S22.4B-6 Speeiai Bxeeption DEVELOPMENT Permits. Any use enumerated in this Section may be permitted only upon application to the Bireetor or Piannin~ and the i~~ttanee of a Speeiai Bxeeption Permit by the eity Piannin~ and Boning eo111111ission FLOOD PLAIN ADMINISTRATOR as provided in S22.4B-7(d), Process to be Followed for 6pee±a1 Exception DEVELOPMENT Permits. (a) Structures Accessory to Open Uses. Structures accessory to open uses permitted in Section 22.4B-5, Description of Uses, whether temporary or permanent, may be permitted only upon a determination by the eity Planning and Boning eo111111ission ADMINISTRATOR pursuant to a finding under the procedure required by Section 22.4B-7(d), Process to be Followed for Speeiai Bxeep- tion DEVELOPMENT Permits, that: (1) Structures will not be designed for human habitation; (2) Structures will have a low flood damage potential; (3) The structure or structures, if permitted, will be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters; (a) Whenever possible, structures will be constructed with the longitudinal axis paralleleto the direction of flow of flood waters, and (bl So far as is practicable, structures will be placed so that their longitudinal axis are approximately on the same line as those of adjoining structures. (4) Structures will be firmly anchored to prevent the structure or building from floating away and -6- • I • • - ( ( • • • - thus threatening to further restrict bridge openings and other restricted sections of the stream or river; and (5) Serv ice facilities such as electrical equip- ment will be at or above the flood protection elevation for the particular area. (6) STRUCTURES WILL BE CONSTRUCTED WITH MATERIALS AND UTILITY EQUIPMENT RESISTANT TO FLOOD DAMAGE. (b) Other Structures, Tern orar or Permanent, to be Occupied by People. Other structures, whet er temporary or permanent, which are to be occupied by people, may be permitted only upon a finding by the eity Planning and Boning €01M1ieeion FLOOD PLAIN ADMINISTRATOR that: (1) Such structures shall comply with Section (a) (3), '(4), (5) AND ill above. (2) The first floor or basement floor of any structure to be erected, constructed, reconstructed, or moved on or within the Flood Plain DISTRICT ae ehown on an o££ieiai Boning Map, shall be constructed at or above a point one (1) foot above the 100-year flood elevation for the particular area and the fill shall extend at such elevation at least fifteen (15) feet be- yond the limits of any structure or building erected thereon. (3) No basement shall be permitted in any residential structure. (c) Fills or Deposition of Materials. Fills or deposition of materials may be permitted only upon a finding by the eity Planning and Bonin.g €01M1ieei on ADMINISTRATOR that: (1) Any fill or de p osition of materials will comply with Section 4, Special Provis i ons, and (2) The fill or deposition of mater i als will have some beneficial purpose and tne amount there- of will not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material and the use to which the filled land will be put; (3) The fill or deposition of mater ial s does -7- • I • • ( ( • • • - not encroach on that portion of the flood plain which would have significant and perceptible flow during the flood, and which for that reason would help convey the flood waters. Any additional filling reduces the hydraulic capacity and re- quires appropriate hydraulic studies and a review of the urban impact of such reduction. (4) The fill or other materials will be protected against erosion by rip-rap, strong vegetative cover or bulkheading. (d) The Storage or Processing of Materials. The storage or processing of materials that are buoyant, flanunable, explosive, or in time of flooding, could be injurious to human, animal, or plant life, and shall be at er above the flood pro- tection elevation for the particular area or flood proofed in compliance with S~~.4B-~ieriir S22.4B-8, FLOOD PROOFING, €en ditiens Attaehed te Speeiai Bxeeptien Permits. Solid waste disposal facilities, such as junkyards or areas for the dumping of refuse or the storage of hon-operable vehicles shall not be permitted. (e) MOBILE HOMES. (1) ALL NEW OR REFLACEMENT ,MOBILE HOMES PLACED WITHIN EXISTING OR NEW MOBILE HOME PARKS OR SUB- DIVISIONS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, SHALL BE ANCHORED TO RESIST FLOTATION, COLLAPSE, OR LATERAL MOVEMENT BY PROVIDING OVER-THE-TOP AND FRAME TIES AS FOLLOWS: (A) OVER-THE-TOP TIES SHALL BE PROVIDED AT EACH OF THE FOUR CORNERS OF THE MOBILE ijOME, WITH TWO ADDITIONAL TIES PER SIDE AT INTERMEDIATE LOCATIONS, WITH MOBILE HOMES LESS THAN SO FEET LONG REQUIRING ONE ADDITIONAL TIE PER SIDE; (B) FRAME TIES SHALL BE PROVIDED AT EACH CORNER OF THE MOBILE HOME WITH FIVE ADDITIONAL TIES PER SIDE AT INTERMED IATE POINTS, WITH MOBILE HOMES LESS THAN SO FEET LONG REQUIRING FOUR ADDITIONAL TIES PER SIDE; (C) ALL COMPONENTS OF THE ANCHORING SYSTEM SHALL BE CAPABLE OF CARRYING A FORCE OF 4,800 POUNDS; AND, (D) ANY ADDITIONS TO THE MOBILE HOME SHALL BE SIMILARLY ANCHORED. -8- • I • ( ( ( • • • - (2) AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, ALL NEW MOBILE HOME PARKS AND MOBILE HOME SUB- DIVISIONS AND ALL EXISTING MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS WHICH ARE EXPANDED, OR IN WHICH PARKS OR SUBDIVISIONS THE REPAIR, RE- CONSTRUCTION OR IMPROVEMENT OF THE STREETS, UTILITIES AND PADS EQUALS OR EXCEEDS 50 PERCENT OF THE VALUE BEFORE THE REPAIR, RECONSTRUCTION OR IMPROVEMENT HAS COMMENCED, SHALL COMPLY WITH THE FOLLOWING: (A) STANDS OR LOTS SHALL BE ELEVATED ON COMPACTED FILL OR ON PILING SO THAT THE LOWEST FLOOR OF THE MOBILE HOME WILL BE AT OR ABOVE THE BASE FLOOD LEVEL; (B) ADEQUATE SURFACE DRAINAGE AND ACCESS FOR A HAULER SHALL BE PROVIDED; AND, (C) IN THE INSTANCE OF ELEVATION ON PILINGS: --LOTS SHALL BE LARGE ENOUGH TO PERMIT STEPS, --PILING tOUNDATIONS SHALL BE PLACED IN STABLE SOIL NO MORE THAN TEN FEET APART, AND --REINFORCEMENT SHALL BE PROVIDED FOR PILINGS MORE THAN SIX FEET ABOVE THE GROUND LEVEL. (3) NO MOBILE HOME SHALL BE PLACED IN A FLO',)DWAY. (4) NO MOBILE HOME SHALL BE MAINTAINED FOR TEMPORARY OR PERMANENT LIVING PURPOSES UPON ANY PRIVATE OR PUBLIC PROPERTY IN THE CITY OF ENGLEWOOD, COLORADO, UNLESS THE PROPERTY IS REGISTERED AS A MOBILE HOME PARK. (5) THE CITY SHALL ESTABLISH AN EVACUATION PLAN FOR MOBILE HOME PARKS AND FILE THE SAME WITH THE APPROPRIATE DISASTER PREPAREDNESS AUTHORITIES. (f) Similar Uses. Uses very similar in nature to permitted uses may be allowed by the eiey Pianning and Honing €offll!liseion FLOOD PLAIN ADMINISTRATOR, provided that they are consistent with the provisions of this Chapter. -9- • 0 I • • ...... ( ( • • • - S22.4B-7 Admin i strati on. of BE of (a) Flood Plain Honing Administrator. The Dire c tor Planning COMMUNITY DEVELOPMENT or his assignee shall administer THE FLOOD PLAIN ADMINISTRATOR AND SHALL ENFORCE the p r o vi s i ons this Chapter. (b) Flood Plain Zoning Permit. A Flood Plain Zoning Permit must be obtained from the Flood Plain Honing Administrator before a Building Permit can be issued for any use subject to the provisions of this chapter AND BEFORE ANY WATERCOURSE CAN BE ALTERED OR RELOCATED. IN THE EVENT OF AN APPLICATION RE- QUESTING AN ALTERATION OR RELOCATION OF A WATERCOURSE, ALL AD- JACENT COMMUNITIES AND THE STATE COORDINATING OFFICE SHALL BE NOTIFIED PRIOR TO ANY ACTION. COPIES OF SAID NOTIFICATION SHALL BE SUBMITTED TO THE FLOOD INSURANCE ADMINISTRATION. (c) Mapping Disputes. The following procedure shall be used by the eity Planning and Honing €0111111iseion FLOOD PLAIN ADMINISTRATOR in deciding contested cases in which the location of a FLOOD PLAIN District boundary is disputed: (1) In all cases the person contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the €0111111ieeion ADMINISTRATOR and to submit his own technical evidence if he so desires . The €offll'ftieeion ADMIN I STRATOR shall not allow deviations from the boundary line as mapped unless the evidence clearly and con- clusively establ i shes that the mapped location of the line is incorrect. (d) Process to be Followed for Speeiel Exeeption DEVELOPMENT Permits. (1) Application For. Any use listed in this Chapter as requiring a S~eeial Bxee~tion DEVE LOP- MENT Permit may be allowed only upon a pplicatio n to tke Bireetor 0£ Planning and t he issuance of a S~eeiel Exee~tien DEVELOPMENT Pe rmit b y the eity Planning and Honing eemmieeien FLO OD P LA IN ADMI NISTRATOR. (2) Procedure for Passing on Speeial Exeeptien DEVELOPM ENT Permits. (a) Upon receiving an application for a Speeial Exeeptien DEVELOPMENT Permit i n- volv i ng the use of fill, construction of structure s, or storage of mater i als, the -10- I • ( • • • • €0111111ission ADMINISTRATOR shall require the applicant to submit the following: (1) Two (2) copies of an aerial photograph of the area, or a plan certified by a registeFed engineer competent in open channel hydraulics, which accurately locates the flood plain proposal with respect to the District limits, channel of THE stream, existing flood plain developments, to- gether with all pertinent information such as the nature of the proposal; legal description of the property; fill limits and elevations; building floor elevations; and flood proofing measures. (2) If it is deemed necessary by the €ollllftission that they ADMINISTRATOR TO have the elevation of the effects of the proposal upon flood flows and flood plain storage in order to render a decision on the proposed flood plain use, the eo111111*ssion ADMINISTRATOR may require the applicant to furnish the following additional information: (a) A typical valley cross-section showing the channel of the stream, the flood plain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development and high water informa- tion. Cb) Plan (surface view) showing elevation or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing strcctures on the site; location and elevations of streets, water supply, sanitary facilities, and soil types and other pertinent information. Cc) Profile showi ng the slope of the bottom of the channel or thalweg of the stream. -11- I • • l a ,.., ( ( • • • • (d) Specifications for building construction and materials, flood proofing, filling, dredging, gradin channel improvement, storage of materials, water supply , a nd sanitary facilities. (3) Decision of ee!Ml±ssion ADMINISTRATOR to be base on Certar'n Factors. The determination of the ee!Ml±ss±en ADMINISTRATOR on each Speeiei Bxeeptien DEVELOPMENT Permit shall be based on the effects of the proposed project with respect to the ob- jectives and purposes of this Chapter as stated in the Statement of Purpose, Section 22.4B-l(a) ( 1) , ( 2) , ( 3) , and ( 4) • (4) The ee1M1±ss±on ADMINISTRATOR shall act on an application in the manner above described within 30 days from receiving the application. (e) Conditions At La l!hed to Speeia! EKeept,~eR DEVELOP- MENT Permits. Upon consideration of the factors listed above and the purposes of this Chapter, the e±ty Pienn±ng end Sening eomm±ss±en FLOOD PLAIN ADMINISTRATOR ffley SHALL attach such con- ditions, in addition to those required by the Speeiei DEVELOPMENT Permit, as it deeffls IS necessary in £ttrther±ng TO FURTHER the purposes of this Chapter. Such conditions may include specifi- cations for, without limitatibn because of specific enumeration, modification of waste disposal methods and facilities, landscaping, period of operation, operational controls, sureities, deed re- striction, and adequate flood proofing. §22.4B-8 Floodproofing. Spee±ei exeeptiene reqttir±ng £ieed pree£ ing meesttres etteh ee (a) WHERE FLOOD PROOFING IS DEEMED NECESSARY, SUCH MEASURES £oiiowing, shall be designed consistent with the flood protection elevation for the particular area as described in the Special Provisions, Section ~4t, 22.4B-4; and flood velocities, forces and other factors associated with the flood protection elevation. The eefflffl±ss±en ADMINISTRATOR shall require that the applicant submit a plan or document certified by a registered professional engineer that the flood proofing measures are con- sistent with the flood protection elevation for the particular area. (b) FLOOD PROOFING MEASURES SHALL INCLUDE THE FOLLOWING: ~et(l) Anchorage to resist flotation and -12- I • • ( • • - ( lateral movement. ( ( • ihr(2) Installation of watertight doors, bulkheads and shutters. ier(3) Reinforcement of walls to resist water pressures. idr(4) Use of water-proof paints, membranes or mortars to reduce seepage of water through walls. ier(S) Addition of mass or weight to struc- tures to resist flotation. i£r(6) Installation of pumps to lower water levels in structures. igr(7) Construction of NEW AND REPLACEMENT water supply and waste treatment systems to prevent the entrance of flood waters INTO THE SYSTEM AND TO PREVENT DISCHARGES FROM THE SYSTEM INTO FLOOD WATERS. ihr(S) Pumpin9 facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures. iir(9) Construction to resist rupture or collapse, caused by water pressure or floating debris. i!r(lO) Cutoff valves on sewer lines or the elimination of gravity flow basement drains. ikr(ll) ON-SITE WASTE DISPOSAL SYSTEMS SHALL BE LOCATED TO AVOID IMPAIRMENT TO THEM OR CONTAMINATION FROM THEM DURING FLOODING. §22.4B-9 Certificate of Compliance. (a) No vacant land shall be occupied or used and no building shall be hereafter erected, altered, or moved on the flood plains of any water course, nor shall such buildings be occupied, until a Certificate of Compliance shall have been issued by the Bireetor-0£-P!enning FLOOD PLAIN ADMINISTRATOR. (b) The applicant shall submit a certification by a registered professional engineer to the Bireetor or P!~nning -13- • 0 I • • n n - (, • • • - FLOOD PLAIN ADMINISTRATOR that the finished fill and buildi ng floor elevations, flood proofing measures, or other protection factors were accomplished in complinace with the provisions of this Chapter. THIS CERTIFICATION SHALL ALSO STATE WHETHER OR NOT THE STRUCTURE CONTAINS A BASEMENT. Within ten days after receipt of such certification from the applicant, the Bireetor e£ Planning ADMINISTRATOR shall issue a Certificate of Compliance only if the building or premises and the proposed use thereof, conform with all of the requirements of this Chapter, AND SHALL MAINTAIN A PERMANENT RECORD THEREOF. §22.4B-10 Amen~ments The boundaries of the Flood Plain District shall be subject to periodic review ey ~Re eity Planning and Boning eom- mission and shall be amended in the manner provided by law, to conform with any revised, corrected or additional hydrological data available from Federal, State ·or regional agencies or from a consluting engineer retained by the City. S22.4B-ll Non-Conforming Uses. Existing Non-conforming Uses in the Flood Plain Dis- trict may be modified, altered, or repaired to incorporate floodproofing measures; but such Non-conforming Uses shall not be expanded. ~ereated-by-9rd.-No.-3T 7 -Series-o£-i9Tit §22.4B-12 SUBDIVISION PLATS. (a) ALL SUBDIVISION PROPOSALS SHALL BE DESIGNED TO MINIMIZE FLOOD DAMAGE; (b) ALL SUBDIVISION PROPOSALS SHALL HAVE PUBLIC UTILITIES AND FACILITIES SUCH AS SEWER, GAS, ELECTRICAL, AND WATER SYSTEMS LOCATED AND CONSTRUCTED TO MINIMIZE FLOOD DAMAGE; (c) ALL SUBDIVISION PROPOSALS SHALL HAVE ADEQUATE DRAINAGE PROVIDED TO REDUCE EXPOSURE TO FLOOD DAMAGE; AND, (d) BASE FLOOD ELEVATION DATA SHALL BE PROVIDED FOR SUBDIVISION PROPOSALS AND OTHER PROPOSED DEVELOPMENT WHICH CONTAIN AT LEAST 50 L OTS OR 5 ACRES WHICHEVER IS LESS. §22.4B-13 VARIANCE PROCEDURE A. APPEAL BOARD (1) THE BOARD OF ADJUSTMENT AND APPEALS AS -14- ) -• I • • -.. ., ... ( I .. • ( • • • - ESTABLISHED BY THE CITY OF ENGLEWOOD, SHALL HE AR AND DECIDE APPEALS AND REQUESTS F OR VARI AN CES FROM THE REQUIREMENTS OF THIS ORDINANCE . (2) THE BOARD SHALL HEAR AND DECIDE AP PE ALS WH EN IT IS ALLEGED THERE IS AN ERROR IN ANY REQU IRE ME NT, DECISION, OR DETERMINATION MADE BY THE FLOOD PLAIN ADMINISTRATOR IN THE ENFORCEMENT OR ADMINIS TRATION OF THIS ORDINANCE. (3) THOSE AGGRIEVED BY THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, OR ANY TAXPAYER, MAY APPEAL SUCH DECISION TO A COURT OF RECORD HAVING JURISDICTION THEREOF. (4) IN PASSING UPON SUCH APPLICATIONS, THE BOARD SHALL CONSIDER ALL TECHNICAL EVALUATIONS, ALL RELEVANT FACTORS, STANDARDS SPECIFIED IN OTHER SECTIONS OF THIS ORDINANCE, AND: (a) THE DANGER THAT MATERIALS MAY BE SWEPT ONTO OTHER LANDS TO THE INJURY OF OTHERS; (b) THE DANGER TO LIFE AND PROPERTY DUE TO FLOODING OR EROSION DAMAGE; (c) THE SUSCEPTIBILITY OF THE PROPOSED FACILITY AND ITS CONTENTS TO F LOOD DAMAGE AND THE EFFECT OF SUCH DAMAGE ON THE INDIVIDUAL OWNER; (d) THE IMPORTANCE OF THE SERVICES PROVIDED BY THE PROPOSED FACILITY TO THE COMMUNITY; (e) THE AVAILABILITY OF ALTERNATIVE LOCATIONS, FOR THE PROPOSED USE WHICH ARE NOT SUBJEC T TO FLOODI~G OR EROSION DAMAGE; (f) THE COMPATIBILITY OF THE PROPOSED USE WITH EXISTING AND ANTICIPATED DEVELOPMENT; (g) THE RELATIONSHIP OF THE PROPOSED USE TO THE COMPREHENSIVE PLAN AND FLOOD PLAIN MANAGEMENT PROGRAM FOR THAT AREA; (h) THE SAFETY OF ACCESS TO THE PROPERTY IN TIMES OF FLOOD FOR ORDINARY AND EMERGENCY VEHICLES; (i) THE EXPECTED HEIGHTS, VELOCITY, DURATION, RATE OF RISE, AND SEDIMENT TRANSPORT OF -15- • I • • • • - ~,...... _________ -·-·· -- -·-··-------·-·····-·· ··-. . ... -----........ ..,~ '1 ( (, (j) THE FLOOD WATERS AND THE EFFECTS OF WAVE ACTION, IF APPLICABLE, EXPEC TED AT THE SITE; AND, THE COSTS OF PROVIDING GOVERNMENTAL SERVICES DURING AND AFTER FLOOD CONDI- TIONS, INCLUDING MAINTENANCE AND REPAIR OF PUBLIC UTILITIES AND FACILITIES SUCH AS SEWER, GAS, ELECTRICAL, AND WATER SYSTEMS, AND STREETS AND BRIDGES. (5) VARIANCES MAY BE ISSUED FOR NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS TO BE ERECTED ON A LOT OF ONE-HALF ACRE OR LESS IN SIZE CONTIGUOUS TO AND SURROUNDED BY LOTS WITH EXISTING STRUCTURES CONSTRUCTED BELOW THE BASE FLOOD LEVEL, PROVIDING ITEMS (a-j) IN S22.4B-13(4) HAVE BEEN FULLY CONSIDERED. AS THE LOT SIZE INCREASES BEYOND THE ONE-HALF ACRE, THE TECHNICAL JUSTIFICATION REQUIRED FOR ISSUING THE VARIANCE INCREASES. (6) UPON CONSIDERATION OF THE FACTORS OF S22.4B-13(4) AND THE PURPOSES OF THIS ORDINANCE, THE BOARD OF ADJUSTMENT AND APPEALS MAY ATTACH SUCH CONDITIONS TO THE GRANTING OF VARIANCES AS IT DEEMS NECESSARY TO FURTHER THE PURPOSES OF THIS ORDINANCE. (7) THE FLOOD PLAIN ADMINISTRATOR SHALL MAINTAIN THE RECORDS OF ALL APPEAL ACTIONS AND REPORT ANY VARIANCES TO THE FEDERAL INSURANCE ADMINISTRATION UPON REQUEST. B. CONDITIONS FOR VARIANCES (1) VARIANCES MAY BE ISSUED 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 PROCED URES SET FORTH IN THE REMAINDER OF THIS SECTION. (2) VARIANCES SHALL NOT BE ISSUED WITHIN ANY DESIGNATED FLOODWAY. (3) VARIANCES SHALL ONLY BE ISSUED UPON A DETER- MINATION THAT THE VARIANCE IS THE MINIMUM NECESSARY, CONSIDERING THE FLOOD HAZARD, TO AFFORD RELIEF. (4) VARIANCES SHALL ONLY BE ISSUED UPON: -16- • I • • (_ ( • Section 2. • • • (a) A SHOWING OF GOOD AND SUFF ICIENT CAUSE; (b) A DETERMINATION THAT FAILURE TO GRANT THE VARIANCE WOULD RESULT IN EXCEPTIONAL HARDSHIP TO THE APPL ICANT; AND (c) A DETERMINATION THAT THE GRANTING OF A VARIANCE WILL NOT RESULT IN INCREASED FLOOD HEIGHTS, ADDITIONAL THREATS TO PUBLIC SAFETY, EXTRAORDINARY PUBLI C EXPENSE, CREATE NUISA NCES, CAUSE FRAUD ON OR VICTIMIZATION OF THE PUBLIC AS IDENTIFIED IN S22.4B-13(4), OR CONFLICT WITH EXISTING LOCAL LAWS OR ORDINANCES. (5) ANY APPLICANT TO WHOM A VARIANCE IS GRANTED TO BUILD THE LOWEST FLOOR ELEVATION BE LOW THE BASE FLOOD ELEVATION SHALL BE GIVEN WRITTEN NOTICE THAT THE COST OF FLOOD INSURANCE WILL BE COMMENSURATE WITH THE INCREASED RISK RESUL TING FROM THE REDUCED LOWEST FLOOR ELEVATION. That Chapter 22.8 of the Comprehensive Zoning Ordin ance (Ord. #26, Series of 1963, as amended) is hereby amended by adding new definitions as follows: §22.8 DEFINITIONS APPEAL: A REQUEST FOR A REVIEW OF THE BUILDING INSPECTOR'S OR THE FLOOD PLAIN ADMINISTRATOR'S INTERPRETATION OF ANY PRO- VISION OF THIS ORDINANCE OR A REQUEST FOR A VA RIANCE THE RE'l'O. AREA OF SPECIAL FLOOD HAZARD: THE LAND IN T HE FLOOD PLAIN WITHIN THE CITY OF ENGLEWOOD WHICH IS SUBJECT TO A ONE PERCENT OR GREATER CHANCE OF FLOODING IN ANY GIVEN YEAR. BASE FLOOD: THE FLOOD HAVING A ONE PERC ENT CHANCE OF BEING EQUALLED OR EXCEEDED IN ANY GIVEN YEAR . Channel: A natural or artificial watercou rse of perceptible exten~ith definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that wate r which is flowing within the limits of the defined channel. DEVELOPMENT: ANY MAN-MADE CHANGE TO IMPROVED OR UNIMPROVED -17- • I • • ( ( • • • REAL ESTATE , INCLUDING "BUT NOT LIMI ~ED TO BUILDI NGS OR OTHER STRUCTURES, MI NI NG, DREDG ING, FILLING, GRAD ING , PAVING, EXCAVATI ON OR DRILLING OPERATIONS LOCATED WITHI N T HE AREA OF SPECIAL FLOOD HAZARD. Encro a chment Line s: The limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines a r e established by assuming that the ar ea landward (out- side) of the encroachment lines may be ul timat ely developed in such a way that it will not be available to convey flood flows . The stream channel an d adjoining flood plains between these lines will be maintained as open sp ace and wi ll b e adequate to convey the 100-year floo d without advers ely increasing one (1) foot. Equal Degree of Encroachment: The de gree of encroachment established by con si d eri ng the effect of encroachment on the hydraul ic efficiency of the flo od plain a long a significant reach of t he stream on both sides. EXISTI NG MOBILE HOME Pl)JUS ! A ~OBILE HOME PARK EXISTING WITHIN THE CITY OF ENGLEW OOD ON THE EFFECT IVE DATE OF THIS ORDINANCE OR EXISTING ON THE DATE OF ANN EXATI ON WIT HIN TERRITORY ANNEXED TO THE CITY OF ENGL m4 0 0D SUBSEQUE NT TO THE EFFECTIVE DATE OF THIS ORDINANCE . EXPANSI ON TO AN EXISTING MOBILE HOME PARK: THE PREPARATION OF ADDITIONAL MOBILE HOME SPACES OR THE CONST RUCTIO N OF FACILITIES FOR SERVICI NG THE MOBILE HOME SPACE ON WHIC H THE MOBI LE HOMES ARE TO BE AFFIXED , INC LUDING THE INSTAL LATION OF UTILITIES, F INAL SITE GRADING OR P OU RING OF CONCRETE PADS OR THE CONSTRUCTIO N OF STREETS. Flood: The water from a river , stream, watercourse, lake or other body of sta nding water that t e mpo rarily o ver f ows or inundates adjacen t lands and which may affe ct other lands and activities through s tage elevat ion b ackwater, and/o~ 1ncreased ground water level. FLOOD INSURA NCE RATE MAP (F IRM ): THE OFF IC I AL MAP ON WH ICH THE FEDERAL INSURANCE ADMINISTRATION HAS DELINEATED BOTH THE AREAS OF SPECIAL FLOOD HAZARDS AND THE RISK PREMIU M ZONES APPLICABLE TO THE CITY OF ENGLEWOO~. FLOOD INSURANCE STUDY: THE OFFICIAL REPORT PROVIDED BY THE FEDERAL INSURANCE ADMIN ISTRA TION THAT INCLUDES FLOOD PROFI LES, THE FLOOD BOUNDARY-FLOOD WAY MAP AN D THE WAT ER SURFACE ELEVATION OF THE BASE FLOOD. Flood Plain: The relatively flat or lowland a rea adjo in ing a river, stream, wate rcourse, lake, or other body of standing -18- • I • • n - ( C • • • - wa er ·,ihich has been or rrny bo c-cvered tern ora ily by flood wat~r. For ddninistrative purposes, he flood plai• may be defined ns th area tha:. wolld b inunda ed by the "Standai:d Project Flood" (Corps of EngJ.ne>c>rs) or he "Mc1ximum Probable Flood" (TVA). Flood Plain District: Tha portion of the flood plain subject to inundat1on by the 100-y~ar flood. Its width is detennined by the lOO-yC'c1r flood. Iti:; lenqth or n: 'I h is determinF>d by na ur 1 ounds such as a ak;, or. by polit1cal or legal bounds. Tt. s ua's • 1e J.nterme 1ate regJ.onal flood as definC'd by hP Cnrps o• E g eers. Flood Profile: A orap or lonaitudinal profile Rhow ng the relat ioni,ihlo of ':hP Wnternurfac leva ion of a flood event t o location alo~g as ram or river. Floodpr~ofiryg: Any cor'lbination of structural and non- structural ad~i tons, changes, or adjustments o proper ies a n d structures, primarily fnr the reduction or eliminatJ.on of flood damage to J~nds , water, and sanitary facilities, structures, and c ontents of buildings. ' Food Protec ion Elevation: An elevation one (l) foot above-the elevation Or"floodp Ofile" Of th. ] 00-, 'lT Flood under existing channel and flood plain conditions . It is one (1) !oot above •he elevation of the flood for he Flood Plain Dist ·i s:,; 1own on the Flood Hazard Boundary Map/Flood Insur.an e Rte ~RP or En-lewood, Co orado. Flood StaqF: The heigh or elevation of a fl ood as referred-to so~ da ··,-n. rt. is also co mo!1ly usf'd o efe r to t he elevation at whirh as ream will over op its normals age banks. f_lq_odw'!l.: Thut portion o -the Flood Plain Distric re- quired for the reason1ble p ~sagf' or conveyance of the 100- year flood. This is the area of significant dep hs and velocities and due onsidera ion ho11ld be 111v0.:1 eff'ec c; o fill, loss of cross sc 1on~l F war , ~n su t g tncre~sed water surface el v ti ~. HABITABLE FLOOR: •" FLOOR US F!L:. FOR LIVING PURPOSE S, WHICH INCLU -ES WO! SLEEP I G, EATING, COOK I G OR RECREA TION, OR A COMBI lA'1'I0N Tll:F.REOF. A LOOR USED 0. LY FOR STORAGE PUR - POSES IS NDT A "lll\F\l'T'l\BLT:: FLOO " !-!OBILE H0:1.E: A nr.TAC ED, SINGLE RESIDENTIAL DWELL ING UNI'r WHIC!IHJ\!3 ALL OF T"1~ FOLLOWING CHARACTERIST ICS: (Al IT IS DESIGNED FtR LONG-TERM OCCUPANCY AND CONTAI NS -''l- • I • • In ( • • • - A FLUSH TOILET, 'IUB OR SHOWER BATH, K TC E, FACILITIEf AND SLEEPING ACCOMMODATIONS. (B) IT IS DESIG 'ED TO BE TRAl:SPORTED AFTER F/\BRICATIO ON ITS OWN WHEELS, O!l A FI.ATBED OR OTHER TRl\IL .. R. (C) IT ARRIVES T THE SITE vn!ERE IT IS TO BE OCCUPIED AS A DWELLING COMPLETE, I~CLUDING MAJOR APPLIA"CES AND FURNITURE, AD READ FOR OCCUPANCY EXCEPT FOR MINOR AND INCIDE TAL U PACKING AND ASSEMBLY OPERATION~ LOCATION ON J, (:KS OR OTHER SUPPORTS, co·mECTION TO U~ILITIES, D HE LIKE. DOUBLE-\HDE 0" TRIPLE-WIDE MOB LE HO : A MOBILE HOME CONSISTING RESPECT~V~LY OF TWO OR THREE SECTIONS COMBINED HORIZ ON~ALLY AT THE SITE TO ORM SINGLE DWELLING, WHILE STILL RETAIN! G TIIEI I~ !VI UAL CHASSIS FOR POSSIBLE FUTURE MOVEME T. EXPANDABLE MOBIL"' HO IB: · HOME WITH ONE OR MORE ROOM SECTIONS-THAT FOLD, CO .APSE, OR TT LESCOPE INTO THE PRINCIPAL UNIT F!!E l BE! 'G TRA'lSP RTED AND WHICH C N BE E. PA 'DED AT THE SITE TO PROVIDE AD IT~O' ~ L ING AREA. MOBILE HOME PARK: A TRACT OF LAND EITPER I S NGLE OWNER- SHIP OR DIVIDED I:JTO BLOCKS ND/OP. OTS WHICH MAY BF I'l SLPAP./\TE OWNERS HIP, WHICH HAS BEE~: or.v~· OPED WITH AIL NECES8/IRY F CI LI TIES AND SERVICES I ACCO , lCE WI'rH A SITE DFVELOP/.IEN"' PLAN, MFETING ALL OF THE REQUIREtLNTS OF THIS OIIDINANCE JIND WHICH IS I TE DED FOR THE EXPRESS PURPOSE OF PROVI !·lG A SATIS FYI NG LIVING EN- VIRONMENT FOR MOBILE HOt-!E RE8IDENTS ON A LONG-TEPM OCC'l PANCY BASIS . MOBILE HOME SPACE: A PLOT OF GROUND WITHIN A MOBILE HOME PARK, DESIGNED OR THE ACCOMMODATION OF ONE MOBILE HOME. NEW CO STRUCTION: STP. CTURES F0R WHICH THE START OF CON STRUCTION"c::o 1.~1E!./CED 0'.l OF FTER THE EFFECTIVE DATE OF TH S ORDINAW'E • . EW MOBIL _I_Q_ U~R.:IS_: ,\ MOB! E HOME PARK FOR WHICH THE CONSTF '-'CTIO OF FACILITIES FOR THE MOBILE HOME SPACES OR FOR SERVICING THE MOBILE HO. E SPT,CES, INCLUDING BUT 'OT LIMITFD TO, THE INSTALLATION OF UTILITIES, FINAL SITE GRADING, THE POl'RING OF CONCRETE PADS AN THE C'O!J TR 1CTI0N OF STREETS rs COMPLETED ON OR AFTER TIP" EFFF:CTIVr; Dl,TE OP THIS OPDP~/\NCE. Reach: A hydraulic engin~ering term to dpc:cribe longi- tudjn al segments of as ream or river. A reach w·11 generally include tte ccgmcnt of the flood plain where flood hPigh s are -20- • Io I • • · In ( • • • • primarily controlled by man-made or natural flood plain ohstruc - tions or restrictions. In an urban area, the segment of as ream or river between two consecutive bridge crossings would mo~~ likely be a re~ch. MOBILE HOME PARK -START OF CONSTRUCTION: THE DATE ON WHICH THE CONSTRUCTION OF FACILITIES FOR SERVICING THE SITES ON WHICH THE MOBILr. HOMES ARE TO BE AI'FIXED, INCLUDING BUT NOT LIMITED TO THE CO:JSTRUCTION OF STRF-;ETS, FINAL SITE GRADING, POURING OF CONCRETE PADS, A' D INSTALLA7IOt, OF UTILITIFS IS COMMENCED. ~rap: A facing of ~asonry or e ike ror prot•cting an embankment. Riprap shall consist of field stone or rough unh wn quarry stone as nearly rectangular as is prac icable. Broken concrete masonry or concrete pavement may be used if approved by the Director cf Public Works. ~he stont? shall have a specific gravity of at least 2.25 an shall te resistant to the action of air and water. Flaking or fragmental rock will not e permit ed. Stones shall have a minimum thickness of 3 inches and a minimum volume of one cubic foot and at least 50 percent by we"qht shall have a volume of two cubic feet or more. The riprap shall be placed to conform o the specifica- tions of the Director of Public Works. Storage Capacity of a Flood Plain: The volume of space above an area of flood plain land that can be occupied by flood wa er of a given stage at a given time, regardless of whether the water is rnovinq. Stru~: Anything constructed or erected which requires location upon or under the ground or attached to something having location upon or under the ground. Substan ial improve~: Any repair, recons ruction, o r improvement of a proper y, the cost of which equals or exceeds 50 percent of the fair market v~lue of the proper y either (a) before the improvement is star cd or (b) if the proper y has been damaged and is bei~g re~torcd, before the damage occu red . Substantial improvement is s ar ed whn~ the first alt~ration of any wall, ceiling, floor, or other structural part o the building commences. VA. IANCE: 11. GRANT OF FBI TEF FROM THE REQUIR ME 'l'S OF THIS ORDINANCE WHICH WOULD r 'SRMIT 'l'HE USE OF LAND OR CONSTRUCTION ON THE LAND IN A MAN ER THA'T' WOULD OTHERWISE BE PROHIBITED BY THIS ORDINJINCE. WATERCOURSE: THE CHAN~EL OF A STREAM OR A NATURAL OR MJ\NMADE CHANNEL USED FOR THE CONVEYANCE OF WATER. -21- • I • • In n ( • • • • ------- FLOOD R_LAIN ADMINISTRATOR: THE DIRECTOR OF COMMUNITY DE- VELOPMENT OR HIS ASSIGNEE SHALL BE THE FLOOD PLAIN ADMINISTRA- TOR, ALSO REFERRED TO AS THE ADMINISTRATOR. Section 3. --- The City Council hereby finds and determines that provisions of this Ordinance must become effective on February l, 1978 in order to continue the benefits accruing to those indivi- duals who have purchased flood insurance pursuant to the Federal program previously instituted, and therefore finds that an emergency exists and declares that this Ordinance shall be in full force and effect upon publication following final passage. Introduced, read in full and passed on First Reading on the ~day of _January, 19 78 . Published as a Bill for an Ordinance on the ~day of January, 1978. Read by title and passed on final reading on he _____ day of , l 78 . Publishe d by title as Ordinance No. , Series of 1978, on the day of , 1 978 .- MAYOR ATTEST: ex officio City Clerk-Treasu rer I, William D, James do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordin ance, introduced, read in full and passed on first reading on the ___ day of January, 1978. ex officio City Clerk-Treasurer -22- • I • • • - • • \Ill FIIDAY, MARCH 25, 1977 .I PART 111 Ill ·-a, DEPARTMENT OF • .HOUSING AND URBAN '-DEVELOPMENT e federal Insurance Administration • • NATIONAL FLOOD -0 INSURANCE PROGRAM ln,urance Purc~att Requirement I . ..! • • I I n • - PROPOSED RULES DEPARTMENT OF HOUSING AND te<1tl"l'll1-mat.i nniuic lnl n.:,s t>tunu·. URBAN DEVELOPMENT The exc.ept.tons to the prohibition• relnLe Federal ln1urence Admlnl1tr~,:: U.t\ [ 24 CFR P1r11919 ] solely to "fcdcrnlly -relatert tlnnnclnl f.16 ... 11l stancc''; lhot. ls t.o such form\ o r nnan- clnl &Mlnt.ance n.s co nventlonnl mortan"o loun s. or slmll 1• r Rf\i,1s t.uncc, from frd e r- 111l y 111 ..;urcd , regu lated, or Slll>ervlsed }('ndlng tn~llllltlOM. tnt'ludlng commtr- cla.l bnnk!i , :m vtnvs Unnk s, 5R\'lnss and loan 1L-.soc tat1 o n s nnd cr<'dlt. un lo11:J n lu11 ger te rm n.ntl ,o r chnn gc In prlnclpo l tndcbtf'<1 ncss w ith n reduced m onthly pny1 ncnt more a.ftordf\blc l o the u bl1"01·, ~uc h exH·11slon would b l .. excepted from t he i1r (l h\bltloll.! o f S ection 20 2 <t,1 I Doclcot No . n 77 3:H I NATIONAL FLOOD INSURANCE PROGRAM fn1ur1nce Purchase Requhe,nent Tla n rfore , t h e now Scc•.ton 202 <b1 ex- Pursuant to the M ood Dllnst.er Pro~-cepllons hnve no nppllcn1.lo11 to VA Uon Act of 1073 /Pub . L. 93-23'), o.ru1 1un rantc<ll mort~•Ro loans o r Fil. .. ln- t 2 U .8 .C . Sections 4001-'121t. alld I.he sured lonns or ~ny other lonn o f dln.'C~ BocretAry'• Del,~l\tlon of Autnorttf to or lndlrl'CL nfll\nclnl a,;alst&nce lrom the F'N:lerlLI Insurutwe Admlnlstralor 1"cxleral naencteo . ".f'cdeml." a.s con - do.Led P'ebrunry 27. 196g <H FR 26801. tre.,t.ed wlU1 "Fcderally-rdatcd :· nnau- ns amended J1U1unry 24 , 1974 t JW FR ctn! Mst•Umce conllnuC!< to be prohlb· 2787• the Fedcrttl Insu rance Admtnl!,i· lted without f'X cc pl.lon under the p n> trnt.o r' 1., coneldertng the addition or a visio n s or SecUon :!02 (a ) wlU1 rc:\ptc\ new Subpart B .. t Part 1019, o.s set forth t o prnperUes located In s pecl"1 nood hu- below . This n e w rule ts ntceselto.t.ed by ard area.a of commun\Ues whtrh nrc not. a rece nt amendment to 8 cct1on 2021b• ~~~~~~~"i~~K~~h~~nt;':!1;1 0~1 ~~ ot the Flood Dl•a.,icr Prote<:tlou Act o r 1975 , or on• yenr ell.er u,e communtc,'a 1973. tu1 d e•crlbed below . ldenuncallon •• beln11 tlood-prone. In Becla"'1 14 ot tho Hous1n11 Aulhorl1.a-addition, t.he •.mendmen t hn,; no appll· lion Ad ol IU7 6, Pub. L. 9H76, At>-caUon LO S eel.Ion 102 o l U1e 1873 Ac~ proved on Au,mt J. 111'18 . amended Bee-I.e ., the ftDod lniurance purch&M re- Lion 202 <b > of lhe Flood Dt.oast.er Pro-Qulremont ln communltle. partlclpall n 11 \eel.ton Ac t ol 1973 t"U1e 1973 Ac t " J lo ln tl>e P roirrnm . provtde &8 f ollows : · \ 'I"h e nN;t two or Lhe four 11 rw cxrep- l b l Each l"ederal tuatrumen!AlJt;i, ,.. llon.s to llrctlon 2021 b l are limited to ,vonslble for I.he •uper vls lon, npproval. loans !o r Urn a cqul elLlon of p revloualy retUll\tlon , or lneurlng o! bank~. savt.nga occupied atructurea n~ r er.ldcntlal dwell - nnd loan a ssoc1aUona. or almllar lnstltu-tna:s or 1mnll bu.!iness concerns nnd not lions ehall by reaul&llon prohibit suoh In-LO lo..na fot ntw construction. A µrovt- •lltutlon• on and after July I. 197&. f rom •Ion for the nnanclna o f n,hablltt.&Uon making, tncrea.stng , t•xtendtn1. or renev-'· o f n.nd lmprovemcn1.I to tJrevlowly occu- ln 11 nn i• lean ,ecuroo by 1m1>rowtd r eal pl,'<1 resldonlJeJ 6lntc turca Is contained ,..t.ate or a m.obl.18 h11111e kleated or to be In !.he t.btrd eacepuo n ,s ecUon 202 <b > locnled 1n nn a rea th&t hM be<!n k1cn-ti 11, whtle tbe fourth exception , &<-· uned by U>0 Sec rrt.ary a., an arra hnv-lion 202C b ) <4> 1 dea.la with t he nnunc - lni spec1 BJ Oood har.ards, w1Jess Lhe coin -tu g o r lmprovcment.., and additions to munlty 1n whJch such area ls slt1wt.ed nonrt't.ldeuttnl n.gn culturnl ~trur ture,s ts then partlc lpatlna in the National loc ated on tann.e. J'1ood Iruurance Prosram, ~ept tho.t n ohquld be noted that. In the caae /lie prolti httlo,i contained In lh!J se n-of t he third exception !o r rehubllltatlon.o t cnce shall n o t appl y t o 'I I loan of nnrt lmprovemrnt..s LO rc,,;tdenUa.l mad e to /hHJJ H'r tl,c acG""-on oJ a rtli -dwellings 1Sectlon 202 Cb > ,J}) the lo &n9 d i:utlul dwdtlno OL.'ettpfe• OA a rrddt.'fLl'e runnot be usrd to mnk:o mnJor addlUona v,ior to March J . 197 6. or one vcar Joi-to the property . The Admln18trntor be- towing !dtn ll/lcatton of lh• area within lleves this llm !latton 18 In keeping with which such dtc eWnc, i s located a.t a11 arcu U1e leals llltlve In tent. M expres..1ed nt pngc co ntaining specia l /food h azardJ. which-28 ol the Conference Rr Po rt on S . 3295 eu er 1., later , or mndc to extend, renew, where t t I! ~Lated , "ll Is the 1ntenUon or ln<..'T eaac tl1c j!nandn'1 o r re/lnandnc, or the conferee! that such home lmprove- h, ron ncc tl nn with s ud1 a dwelling , t2) mf'nt Ionns permllt.od by this prov ts lon nnu loo n , w hic h d oc., not exce ed an could not be us ed fo_r mnJor add ltton.s to amount prescribed bv th e Secretarv. to the propnty :· In kee p ing with thl8 les- /ln a nce tile acqul.!llfon o/ a IJ11lldht11 or L<latlve lnU:nl. the Adtnlntstrtt lQr lurlher structure completed a n d occ upitd 1>11 a belltv.,. lt •PPrDt>rl•LC LO equot.e the term ,mall bua/llUI CMt<4'11, QI dc/h"'4 ~ :he "maJcr 11ddltlans " with "subalantlal lm- s~crl'taru . 1irtur t o Jauuaru I. 19 7 6, <J• provcincnt" n~ dcf\nc<l tn P u rl 1909 o r anv loan or loo,u . which Ill 1/<r a~QT•· thluubch pter. gate do 11ot a c ud $5 .000 to /hw nce /,n . n i. ODIJ' ,,.1~ the nrs t exce1 >tlon. tor provemen rs to or r chabllttatl011 o/ a l oan• used to nnnnce u,-a cci utsttlon ol bufldfug or Mruclure <)(·r ui,fr d 11a a rest-o. rcs tcl f'ntlal dwelli ng oc c upled a.a 11 real .. dcn c e prior t o Jumia rv l , 19 76 , or Cf J dcncc . ,,here n o t only mny a new loan any loan or loans , which In the auurc -be made, but also where the orlglnnl loan gate do not e.rcee4 aft aniownt pre.scribed tlaJ' be n.ftn&llcect , extended. renewed, bu the Sccre tarv, lo /lnance nonrc1fdc11-or tncr eMed ln conn ection wtlh auch a Ila/ addlflo,u or l11 t P'fOVemcnts lo be dwelling . For example. In Ute c n.se ol & u•ed .ale IV /or agricultural purpose. on I b o rrower who de!aull.8 ltt the rnaklna a /arm . IAm endmcnl lt.o.llcl zed .l _ ol monUtly paymont.e under lh• obl\j(&· Thus, Bcctlon 14 (11,l ol Pub. L . 94 -375 lion. where the lender would tavorablJ' set.a tort.h t oU1 · apeclnc exceptlona to •uch f o r bear fo reclosure In f avor or extend• prohibit.Iona lllflLIMl the extcn,ilon of In a t he ortalnal obll11at1 on to provide !or Por t.h c o lhc r three !-.ltUatlone tncludcct tn t he nrurndml'nl to t.he 191 :i A c t , the e,:ceptlons uppl y o nly t o the mnkln~ or R. new Jonn . Toe n11 1r 11d mcn t µr rmll .... lo:111 s w it h r e- s perl lu 11.•:,,.ld c 11t lal d wrlllni~• octuull.y t.11 t:xis 1ente 1u1CI occupied Ob n res idenc e prtot to a certain c.lat.c . TJ1e u111t•m l1 !'1cn t d o,e,s mil pcrm lt the makJ ng o f a loan ln rcsµc r t to exL1t1l1g ~truct ures that. have nrvcr be-en occuµlect o r U1ot hove been oc c upied othe r thnn !o r res idential pw-posts Therefore , o cc upanr y cu, llll omre or ~ome other i>ri mnrlly comme,- claJ use, even wlth lnf'ldc11tn l r ~s lt.l c ntl a.l u.se, t.·oulJ not coMlll\lle llle ki11d o f re st- dontlnl dwe ll lnw oc c1 1p1u1c y contcn1pJntcd by the u111e ndrnent. Slrnllurly , rcstdentinl dwemnas occupied br t.h o builder o r dc - vrl oner a.s lil su.les offi ce o r for dlsplo y puriX>Ses ns a "model" h ome would n ot. ~ull.l t!y . However, a r es idential dwelltn~ U1e ro06t. rerent occupuncy o f wh ich was far N:sldentlal purposes would quall!y even lf It. we r e temporn rlly unoccu pi ed at. the Ume o r Lh c n 1Rklnv o! the l oan . ln r~µect to the a mendment appli - cable t.o t h e m Rki ng of n lo &n fo r u s truc - ture complct.t!d and occupied by a :,mn ll b ualnrs..c; ronc:crn AA o f o. certi\ln d ate . the Adm ln lslrntor ,hnll utilize th e l:lm n ll Bu slnc... Aclmlnlstratlon '• d eflnltlons o! and crlt.e1 tu. t or a "11m all bustness cou- oern" H owevtr , tn resp01 1s<' Lo the am cudmcn l 's dlrecth'r t.o limit the nmount o r Investment. 1n t.he l rfrnttfled s pecial n ood hazard Rr cas b y sctllna tile maximum nmount or U1e loan oppHcable 10 U1 r fl n nncing o! the a r quts ttlon .of 1tractures coflll)h1t cct nnd occu11led by a small bu~lness conce rn . t.he Admlnl,tr a - Wr hns ,ct a limit not LO ucre<I $100.000 For t he su m e r c ne on ~ and ulso llt re - s 1xmse t o s totutory direc tive, t1 1c rxt~rp- uon for n l ouJ1 for Lh r lmpro\'cotcnl o r ·adt.Hllon to i; nonresidential s tructuro 50lel.J ll!\Cd f o r DR r k ultu ro.l purposes on a farm l!'.1 !unit ed too. lOfUl or lon ns which In the an.:rcgnt.e do n o t exceed t35 ,000 . The l nt.l Mdual F\.'<lernl lns tmmentnll- tles h n\'c p1 o mu l rioLed t.helr own s e po..ratc reaulo t1 0 n s under sect.I ons 1021b) nnct 202 1b 1 o l the Flood Dls uster Pro tec tion Act ol 19n. The new e xc eptio n s LO Sec-. lion 202 , bl, ,..., dcs,·rlbed below wlU1ln the pro1>0!-.r d r ule, should be n ·Hrc ted in revl.ied regulations by Ute lndlvldual Fed- eral lns trumcnt.n ltLl es . Federa l superv i - sory tn!>lru rncnta.llttes n.nd lending ln - atlt.uU ons may hnpas e more stringe nt rc- q u lrt'menl11 for thtlr own prot.cctlon and the prok'r t lu n o! lhclr borrO\\ers If they choose t u do so. Lcttt.llnl{ Institutions aliould r rfrr QUes tton!I to t heir s u~>en l- sory orkunlzntlons '9.'llh resµect to their r cs p o11'ilb Ullles under the 197 3 Ar.t ns a=ndetl Lenll ln~ lnsttlullon! wish ing to d cter- mlno 'wll ll l·Lher the 1noh lbltlon apµllea f."'~t~~ .~~~ 2~·;~e7r:u~i:i:tft~ tot";~~; nwnbc rs nt (8001 424-8872 or 18001 424 - 8873 . PlOUAt HOISTII , VOt 0 , NO . 11--FllDAY, MAICH 21 , "77 • ) I • • - The lollow 1J1v Is t. l oc ator llal o! Ille regutation.1 of U1e Yllrklna lnnlrtuntmls lt- Uos concen 1ln-g t he Natic , 1: l l'i"!.o orl In- .1mnu 1ce Pro~rnni <•2 u .n ~. ·:1 :J -1 :23): (l ) Co1npt.rol lt1 r o t l btt Cu1:~11c :,·. 12 CM{ :J~ 2 und :.!~.3 . (3) l"odoMl n.~rve fS)'ltem : 11 C P"lt 2~ 10) P c deral J:~(.l()fllt Jn11ur11.11 , t• t'1irporn · t 1011 · I~ <WR 3:,t, 1 11..nd 8 SII 2 . (4 ) F1·c1C·rnl n ,uno Loan n1mk .9)'11 l c rn l:J O.t'R 623.:10 . (i!U Nf\l10t1 1\I nrcd lL U 11 1on Athll l1LI Nlli\Llu11 : i 2 o ,·n ·,ou 0-:,1.. Whe n pulJllalwd tor fu,u I c/f ou tl•e new Btrh pad. 8 o.t P u.r t 1010 ~h n ll bt: c on 4 •lderrJ to mO<ll!y Ui t ~u lde l111c• pub· llahed In U1e F'>.nnAL RRolSTH by the Federal Inaurnnr e l\dmtntstrnllon ou July 17, 1974 (39 l"R 2dl 86-9S l a nd t.o •uperoed e lhe (!Uldelll lC8 l>t1blloh ed ou N o- vember 21 ,' 1975 <{O PR M277-79l 611d Jru,uury 18 1076 <41 f'R 24~6,. 1i1e 11 ,1. mlnlntrutor l• cons ldcrlnr pu!J llcntl<,n ln the noe.r futun, ol ,rn eddttlolllll t..suonce of proposed n 1l c1mu:h1ij •t Pa rt 1019, to enttrcly eur,trt1e<ic t.ho i'llJ rttllnen p u b· ll•hcd on ,Jul y 17 , 1074 , In cnJe r t o pro- vide " compreherutv~. aru111111J y-recodl - ned dll!c u "8 lon o l I.he rc.;mr.sthllltlca c l both F'eder11l agencle:i am! Pe,1 r r• l tn- •t.rumcntalltlr. un,lor the 1973 Ac t n., ~mended . Interet,ted perr.onli a.re ttw l\<<1 t.o par- t!clpa~ In U1e IJ1Jllrtn• of the proposed rul •. 1111 1et for th belo· ... b)' subro tltln1 1uch wrltt..en comm,nte or 1Uva c.i,Uor..1 u they moy d c,tre. Commun icatio n• Bhou!d tdentlly the 1ubJect matt.er bJ I.he above title and nrea a!fect.ed and ~houl!1 he 111bmlttcd lo the Rule• 0,-,c . ke t Cl•rk, Offi ce o r tho &creliuy , De- PR.rtrn ent of H,w~tng and Urban Dcvet- opmftnl, Hoom 10141 , 4~1 ~vrn th Btre,t , 8 .W ., WW'hlnato n . D .C . 20 410 . All corn- rr.nntrnt1011H r cceS\'ed on or hetore Arn ll 2~. lij77 . will be c o r:s lder cd h v tl 1c Arl - mlnlet rnt o r b<·fnrc t>\k lng u ctton m 1 the prol)MOu o. The prOl)<lelila conto.lntd ln l hlj, notice m a y tx , chMl:cd ln 11 ,;ht or cornmcnta r ccc1 vcd . A copy of eac h eub - mt.,,,ton will be avnlloble !or publlo tn- •;,rctlon durlllll' hu.slneM h our• a t tho a~,ove e.d <1.rr.sa . n ,~ Depnrtmcnt h1111 det.enn ln cd U1ut AA F.11v1ron1n entn.J lmpnct 8 Lalem t n t 1., not required with 1·canect to t hl• r ule'. A cooy ol lhe Flndln11 of Inoppltcat,lllty l• 1wa.llable tor· Inspection at lhe obove n.d- dreM. It,~ hcrehy tcrttnelt th1t.t tht e<:o norati-· ~nd tnllntlona.ry lm l>""l • of thla pronoserl rnle hn vo been care fully •••lu•u,1111 tu:· cord~nce with DMD Clrculn r A-10 7 and thRt Uteae amendment.fl do n ot h a ve: t\.11 eeonomk tu1111>Cl. A copy ur the Mndtn1 of Innpl)llCl\blllty !JI nvallnble t or Inspec - tion ot U,e above addrees. Accordln~ly, 8ubchapt.er B or C:hapw,r X ot Title 24 01 u,e Code C1I P.,dcn,,I • • - PROPOSED 1Ut.E1 Rerll!..UU!l!I ta proi,o,w,d to be O,l'Jlt!lded M l olloflo : I. A new Pnrt 1919 la M· t.abU•hed t.s follo ws: PART 1919--INSURf<HCE l'UHCHASE HEQUlflEllfl'lT S.o . tOIU 10 JOHUI JlilHU2 1810.18 10 18 .1' ll)1'UD HU9.J l5 lfubpart A--(A•nrw.dl Subpar1 D--l.at\d\n1 lndltutlon. Purvo."" u r Subpart J:!~ltd 0cn n luo 1\A I Ro.J9 n t1 l I lllc::u,rvo,11 (ft~II CIY ttd l Pro b1 b lt1on on lemtlu g bi t •<J ern.lly- rclr.t.1(1 fl u o n~1at INtUt.ullOflA . E•c..-e r,1.10 1111 Lo pn.>M bltlon1 on lend - l u g b1 f o..\tlr&llJ -rel•tOO flnrJ\cial bUJUt.uUona. t!ub po rt A.-[Rneroltld] Subpart 8--{.endlna 1n,t1tutlon1 § 1'119.10 Purpo ,i1:-ofSuhpart. n,e purpo,,e or u,1, subpart II! to pro- vldo HIi i.to.nee wlLh r coped to U,e re- 6~t islb111~1et; of tho l'edcml ln.et.ru- u 1e 11!,,.lltlt., under Bedlon• 1021b ) and 20~ !b l or Uic Flood Dl•8Jitcr Prota:Uon Ac l ol 1973 o.s arnendMl. U JCl!'J .11 ~l•l·,·lnl ct .. ftnitfuni.. Tho dellnltlorc, ,cl forth &t t 1900.l ol tl,ta •ubcl\111 >ter e.r• ai,pUr.aule to U1le sulipSJ't . In a ddition to u-..,s e d<>flnlllon•. t he f o ll owlnr •pec lal d cllnttlons e.n, 111>· pllcuhle to U1IJI ou hl>flrt : (11 l "lleatdenttal dwclllna" mean.a & etructure oocupled prtmartly u & 1tn1le la.mlly home, u well a, mu!Uple dwell - lJtKa, coni.Jomtnlum 1tructure3, cooper&· uv .. or other form of apa,·t.ment build· lnp, exr.t11t a 11tn1rturc customarUy u.~cd !or h otel or m ot<-1 oe<:Uph.11 cy . (b) "Small hllliincH;<t c oncern" men.ns n. •mil.II busin ess con cern u d cllncd by lhe A<lmlnblrutor or the Sm1'11 Bualm"'" lld- in 1ul.-1 trnll (')n ,auA, ror the 11u n)()lle ot rc-cc lvlng OJI SRA l O!\ll, at 13 CF'R tlec· lion 1~1 3-10 . 'r1ll• d•l'lntt1n11 applles only f or the p llrt>Or<es or Rcctlon 20 3 <b) ol the Act . BllA acllo m l)Ursut.nt to &-ctlon 102 <a ) 11,nd 20 2< al are su bJ ect to lhe provl - el<>n• ol 1;, CFR Part 116 . § 191 1).12 11~ ...... J 1 ft 191 9 .U I ll rM>1>r11] § 191 '1.9' fll,..,n cdl P 1919.IS Prohlblllonnn lr11dl11j1 by 1 .. 1. ,., .. u,.r .. ln lrd fi 11ill\1"L.l ln•tltullon,, 6c tlon ~02 t b) o l t.he Act provldea lhn t euch F'cdernl tnetr u me-ntalJty re· s1>0 1Lnlble t o r t.he s1tr.e rvll'olon . 11p\>rovn l, r evul:.tlon, o r ln1urh1r ol b11nks, 1avlng• nnd JoM1 a.\S oclaUon1t , or al mlbt ltlRtltu M tlun• 1hall by res\J 11'tlon prohibit •uch tn,tttutlona on nnd "'""r July I . 1975. rn,m maklnll, lncreiu,lnir, extendlnll , or renrwtnr, o.n y loan •"<lured by Improv ed 162M r enl C:-,tn t.e or a mo blll! h ome h n.tcJ o r to be lot·at,ed ln 1u1 r.r-e u t ha t he.~ bee.n lrtentlncd b y lhc !lec:re .-y a• h a.v ~1g i.pN 1R1 tt r,oc..l h tUfL rct.s. uul,it.B U1e corn- f'11Jnl l y 111 whltn ~11ch e.rc1\ l<, ."ll tun~,I Is tlw 11 p n1 l ki p nllni,; 111 Lh e P r0K ru1 .1. ~ 1'119.1(, E ,(',"JU iom, tu prul,il,i1ivu!l ·o ,, h ·u ,ling L, (1•,l,·1·,.Uy-r• l:i l,·,I tin11 11 r i ,.I im,1 i 1u1iv na. <n.) An e.x 1:i?ptlon t..> the P ll,hlbltlo w, 1:t.~n ln&l rno rt~ni;e le?n dlng ro111.n 10~<1 In SN·Llon 202(h) or th e f"1 ooU D1Nrn ter P ro- t ec t!o n Ac t o r 1973 M 111Ht11c!N I ii lrn.J l tl J)p ly to nny lon n rn 1.ufo td fin""'nce Ute a cq ulnStl on of n r e:slclent.!a.1 ilwellln• oc- cu pi ed ue a r esl<1cn c t prtur l'> :'\'Inrc.J1 I , 1916 , o r 1 yoor follow lnK l:l cn tlflcnllon of U1 e 1\ren wlU1ln wh ich t he r t's lde:ut.11\J d we lling ls JO(·oud ru. nn nn-a t·1m\nh1- l11~ SJ)<'c lo.l fl ood hn.zn.rci r-, whtciw•.cr 1tl lutcr. o r m ade to ex tend, r enew. o r tn - Cre-1!.se the n 11 nnc tnR or r c rtnn.nd.ug rn connection wll h sut h n d wc!ltJt l( I b ) An e.J:crpUon t.o the IJt'Oh Jh lllon.-. atc u lns c. m o rt..M l18e lendlng cun th lncd Jn Sectio n 202(b> of the Pl(\()(j Olr,i\li t ~r Pro- t.ecllun Act ol 1073 ... a1m,ndod shn ll a pply t o a.ny lvo.n nuuic to llnonc e Ute a cqul.s tUo n or a butldlng or hln1c t11r c complcLed Rlld occupltxi \1y a smnlJ bus i - n~s..'f. concern prior to Januar; 1 , 1976 . The am o unt ol t ho l mi . .u nppHc1Lb Je to Ut e building or 1iL1t1 c ture Bhall not cxreec.J $1 00,000 . <cJ An exce ption to the prol,lbltlon.s agains t n 1or t.1r1iie lc ndJng r.ontnlned In Section 202(bl ol lh~ F'lood 01.!Wl ~r Pro· IA,ctlon Ac t ol 1973 n s e.mcnded shall app ly to any loon or Jonna. whk h In t he agg regal,e a hnll n ot exceed $5,000 !o fi. nnnc c U1~ r fhublll lnLion of or 1.mµro v,:~ n1 en t Lo a build ing o r &tn><.:tnre urru p ied • tt..s f\ residential ll we lllna prinr to J nnu · 6..l'Y 1, 1976 ; prov lderl . howeve r, tltla t:x- r(•ptlun s ha ll 110 1. tlptJ!Y l o l1»1 1!ti mnd e to nniH1 ce "m uJor 1.1.ddltic,n.s ." "Maj or adol- t1 011s" ha.s tht eH.r11e m C1t n ll1k' ~ "au b - fi t~, n llu I lmprovcmcnl " 6JJ dt:fl11 1?ll ln PH1t. 100{1 o r th l H sub1..:h n pl.or. Cd, An excEpllun Lo tht· ,11·ufl!U 11,.1 u ns esa lm,t rn o rtan.i!e lcnd lnrig co,1t.ui ued In S ec tio n 2(1:?Cb J o f tl c P1ood Dl<.i n.s t.e r Prn - tccUon Ac t. o r 1973 Mi a1mul(lu 1 bt u\Jl "l>PI Y to aay loan whkh In tlie sgc rc gllt.e ahu.11 not e x ceed Sl5 ,000 to nnmjce U1c 1mprovemcnt. or ac1d1tton LO a n1.m r~:.l · c1 en l1Bl buUdJng o r s Lru c t m-c lo..:t1t«i on n fa.nu and u.1ed eolely t o r ngrtc11Hurt1I pur pooeo. Issued al Wa!hlnKt.<.m, D .t:. 1111 M Krc·h 17 . 10'/7. J . n o ur.n'l n u NTr.tt , A rtlnc, f '.e d1.,'1·al ln.uauncc A dmlnidrator . lf'U Doc 77·80M Pllod 3 ~2-1-77:U t O nm! HO'IIAL .. Ollfll, VOL . 42, NO . ~8 -...flllDAY , MAICH 2S , 1977 ,.. . • I • • - • • • ------... CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described proper ty : A±~ S ('.) Js\ l,,c,.~ C: ~'< 'rl).Y if' ~~ G~"w) ~v, ~ 5S>\)1h 4'"~"'~ S-\'C v3"" Legal Description I hereby certify under oa th that the above described property was posted continuously for a period of \ J days , from :J'W'1\ J(),.\'/ 6 . 1•li. to ~~vo,~£· State of Colorado ) ) ss County of Arapahoe) gnature Date /-~ r-z5 Subscribed and sworn to be f ore me this :J3 da y of ;) ~?,<./ 19-2i__. Ml Comm ;ss:on expi re s ;)_ -/ b -~ D ~~~ Notary a.Public ~ A s eparate certifj cation s hall be presented to the Department of Community Deve lopment for each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Publi · He a ring in order that it can be included in the information presented to the Public body before whom the Hearing is being held • • I • • -• • CERTIFICATION OF POSTING Attached is a pho t ograph of a sign as it is erected on the following described prope rty :~~~...,,,,~-'1'~~4X-~w..~,S,.,l()J,.....J~~~~C.~~~Y-~..:..=::~Y~~~~~~~~~~- ~\~\)St,\\~ SJ ~S · ~5 ~ ~1\Y1b ~~~:n~~l Legal Description I hereby certify under oa t h that the above described property was posted continuously fo, a pe'1 od o f \ :J days , from (S 0,,, C,fJ. < f, (, ___ , 19-=:Tu,, t o ">.) S>m v (l"{T ~] .~911 . Signatu~~ Date Sta t e of Colorado ) )' s s Co u n ty o f Arapahoe ) S ubsc r i bed and sworn t o be f ore me th i s c2.,3 19 ZY J,l;t mm : s:on e)lpire~ da y of j;)C:Jc-<'. A s eparate ce r tif i a 1ion s ha ll b e presen t ed t o t h e Depar t men t o f Commun ity Deve lopment f or each No t i c e o f Hearing sign. Suc h ce rt ifica tion s hould b e submitted to the Department prior to t h e P ubli He a rin g in o r der t ha t it can b e included in t he inf ormat i on pres en ted t o the Publ i c body before whom the Hear i n g is bei n g h e ld. I • • - • • • CERTIFICATION OF POSTING Attached is a pho t ograph of a sign as it is erected on the following Legal Description I hereby certify under oath that the above described proper ty was posted continuously for a per i od of _____ , 19_:z._f, to State of Colorado ) ) ss Coun ty of Arapahoe) Signature / "-~ .J:-'zt Date Subscribed and sworn to be f ore me this ----=.;2_3"--_d a y of 19 ZI . MY. Comrn iss:on expir ~--r;~:- Notary Public / t -(....o k ' r".r,...t..-.---' l i, A separate certifi a tion s hall be presented to the Department o f Community Deve l opment f or each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Publ ic He a r i ng in orde r that it can be included i n the information presented to the Public body before whom the Hearing is being held. I • • - • • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following rror~d; at described property : -;1'q £t:tz:h2t oSf f/4., ~~+;, {?t:¢gJwry Legal Description I hereby certify under oa t h that the above described property was posted continuously for a period o f ~-/_....:Z~~-days, from ~-l_:r:-.:a~~tz ....... ll ....... a~1;;;-,,.Y~-C"~- 19 -;(, to J:cw, va;r ff 3'.: , 19 7<!, • State of Colorado ) ) ss County of Arapahoe) Slgnatur~~ ~ Date /--;? r-z~ Subscribed and sworn to before me this ,;-2,:J, day of , ~ILUd'. 19 7 1 Mt Comm:ss:on expire ;;2 -/ tJ -% 0 Not~;; A s eparate certi fi catio n s hall be presented to the Department of Community Deve l opmen t for each Notice of Hearing sign, Such certification should be submitted to the Department prior to the Publi c He a rin g in o rder that it can be included in the information presented to the Public body before whom the Hearing is being held. • I • • -• • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described property : df 14 G4' d: £'.l:zl rt ~t>vf h t; ~ -J:::;.td "'~:'~t t>~f T ~ Le ga l Description I hereby certify under oa h th a t t he above described property was posted cont1nuous1y for a per i od of / )' days, from -:J';,nva.1-y t;;; ___ , 19~, t o r..L-*1?V~$,V 2: ?°: ~19A. State of Colorado ) ) ss County of Arapahoe) -L~ o/ Slgnatu,.; ~~ /-c9:_? ... 7(2_ Date - Subscribed and sworn to be f ore me this ,;? 3 day of J ~ 19 11 / Mt Comm;ss:on exp;r: 51 -/o JO J~-go Notary Public ~ • A s eparate c erti fjc a tj n s hall be presented to the Departmen t of Community Deve lopment f or each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Publ ic He a ring i n order that it can be included in the information presented to the Public body before whom the Hearing is being held . • I • • - • • • l CERTIFICATION OF POSTING Attached is a photograph as it is erected on the following Legal Description I hereby certify under oath that the above described property was posted continuously for a period of / Z days, from JIVl(J vq~v" -h ____ , 19 7 f, to ,-J'(!!Ja c,~Y ,? }: 197&. St ate of Colorado ) ) ss County of Arapahoe) Slgnatuf-2 ~~ ' /-;?5'-~ Date Subscribed and sworn to before me this ~ J day of 19 1f M Comm 1 s:on exp ;, .,9--; o j o Notary Pu A separate certif i a tion sha ll be presented to the Department of Community Deve lopment for each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Publ i He a ring in order that it can be included in the information presented to the Public body before whom the Hearing is being held • I • - • • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following Legal Description I hereby certify under oath that the above described property was posted continuously for a period of \') days, from So,wa'<" s: ___ , ••I~, to ,..\ """"'~~( '}'.) '. ,._Tu . . , .. Z:&L,~ Date 1-;i.. ?-7$7 State of Colorado County of Arapahoe ss S ubscribed and sworn to before me this cJ J day of ---,,-,~,..-~------· 19-1i_, / My Jmm: ,o n ex .r L_ c? -/tf Yu Notary Public A separate c ertif j ati o n s hall be presented to the Department of Community Deve lopme n t for each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Pu bli c He a ring i n o rder that it can be included in the information presented to the Public body before whom the Hearing is being held. • I • - • • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described property : M f&v t:1orik?ce st: C-<!IY'f'1'?r: b --f I{;_ ')t,, ¥Ir-/ tl. >. '21?5 Ari :Jb "+ h .L.; yr, S/mt: Legal Description I hereby certify under oa th that the above described property was posted ----cootinuously for • period of , z days, fr~ J,a,,,w7vt ___ , 192_(, t o ,[a-, 1/Q )/'. , if J' ,19 J<J. s, •• ::f:£~k Date State of Colorado ) ) ss County of Arapahoe) Subscribed and sworn to before me this ..:;.__3 19 1 y .(.liComm i sion exp ire s ,;;) -/, Jo !) /_ -day of _7.....,.,,,._~-------~ A separate certific a ti on s hall be presented to the Department of Community Development f or each Notice of Hearing sign, Such certification should be submitted to the Department prior to the Public Hearing in order that it can be included in the information presented to the Public body before whom the Hearing is being held • I • • • • • ~----- CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described prope,ty ~~ d~~: ¥ C-u.t e,,JJ ~-_%_ 0 ~-__ _!_-f _ _£__/=, /3aiadu~ ~nod!~£ &c:5 0/" cr(W Legal Description I hereby certify under oath that the above described property was posted continuously for a period of / ;> days, from -----, 19 7 1 to ----'~'--'-~_a_'--~-~-;,_\.,'""/ ____ _ State of Colorado ) ) ss County of Arapahoe) 7 Signaturf3''~7~ Date /-p:?:-$ Subscribed and sworn to before me this l.ly Comm ;ss,on expire , ;; -/v / o A separate certific a tio n s hall be presented to the Department of Community Deve l opment for each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Publ i He aring in order that it can be included in the information presented to the Public body before whom the Hearing is being held. • I • • - • • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described property , ,Jf I/,,;., ,;,fr,,.~ 0 £ ~ Za5=~ ::S~~~yc.::a( Legal Description I hereby certify under oath that the above described property was posted continuously for a period of / 7 days, from ;;;a,,a(ld ';.,( r::: ___ , 197S, to u{,,.-.vy ;j "i , 19.ii_. State of Colorado ) ) ss County of Arapahoe) Slgnatu?!>tC:tk;Jk, /-~?-7~ Date Subscribed and sworn to be f ore me this .:z?,,,J day of 19 J( . r., omm ;ssi on expi re . ~ -/ o J' o A separate certif j a tio n sh all be presented to the Department of Community Development for each Notice o f Hearing sign. Such certification should be submitted to the Department prior to the Public Hearing in order that it can be included in the infonnation presented to the Public body before whom the Hearing is being held . • I • • - 0 • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described property : A.J~r /.v ,a:6.,,-~-t(Pl c:f L;, W,>< C: ul'.<-~ £L:Jel-/. .5'~ F~ tJ.V: ~ ii( en: M;, Li £e_, a ,. 'IC'? Om£ 11 >,,. 11, of e, ·9 Legal Description I hereby certify under oath that the above described property was posted continuously for a period of _____ , 19fl, to State of Colorado ) ) ss County of Arapahoe) Subscribed and sworn to be f ore me this ;;).] 19 2t Ny mm; s:on ex~:m ;) -I o -;fc day of __ po)~;;;..,.;~---- {/ A s eparate certi fi a tion s hall be presented to the Department of Community Deve l opment for each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Public He a rin g i n order that it can be included in the information presented to the Public body before whom the Hearing is being held. • • I • • - • • • • CERTIFICATION OF POSTING C:~I( Legal Descrip t ion I hereby certify under oa th that the above described property was posted continuously for a period of ____ , 192%__, to State of Colorado ) ) ss County of Arapahoe) /-::;. J'-7 -n-a~t-e-~ Subscri bed and sworn t o be f ore me this , 3 day of -..... -~2...:~=:a.---~ ?i' 19 2r .t.11 C mmis sion exe;m .; -/o -to r; A se parate certific a tion s hall be presented to the Department of Community Development f or each Notice of Hearing sign, Such certification should be submitted to the Department prior to the Publ ic Dearing in order that it can be included in the information presented to the Public body before whom the Hearing is being held . • I • - • • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described proputy , ~ ~ -:,.f~{;'&z, ~~~vfl FA~ l<~·v?g ~; = A1~ ~v1-1, rt t:::f fftJE t:~ aJ = ef 6'C' Legal Description I hereby certify under oath that the above described property was posted continuously for a period of / 7 days , from J ~ v q l::....,Y 6 ____ , 19 7 (, to <E:nz u<, I'../ ) 3' 719 71 . State of Colorado ) ) ss County of Arapahoe) •.. ~f!~ Date Subscribed and sworn to before me this --'~3~~day of ~,::£,,._ 19 1{ Notary Public A separate certif i ca t i on shall be presented to the Department of Community Development for each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Public He aring in order that it can be included in the information presented to the Public body before whom the Hearing is being held. • I • • • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described property : No:<:\1'JtA1L (.a'<\)\l (5~ ~\JJ:b \>lt).y\ ~~'f ~ ~ \k~'l'I, \) 's ~ ~ Legal Description I hereby certify under oath that the above described property was pos t ed continuously for a period of \1 days, from ',,~\J~'Y'/ 3 (y,,-" <}'('/ 43 , \91~ . Signatu~ ~;~ 19 ""'\<\, to Date /-t?-T-Z State of Colorado ) ) ss County of Arapahoe) Subscribed and sworn to before me this ~ 3 19 1 I _;J -I 0 J /IVC~- Notary Public A separate certif i ~tio n shall be presented to the Department of Community Deve lopme nt f or each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Public He ar ing in order that it can be i ncluded in the information presented to the Public body before whom the Hearing is being held. • I • • - 0 • • • • ---- CERTIFICATION OF POSTING Attached is a it is on the following described proper ty :_~~...::....:..i:...:.;.;~~.....:::c:...(:)~~~~"'"'-1-........:~~.__-~.=..:::~~~~t...u _____ _ C \ (\.'< ~ O':'\ :::S ~~£"-"" ~ \Jy·, "~ . Legal Description I hereby certify under oath that the above described property was posted continuously for a period of \ \ days, from J 0::,,-n\lo.'j ,f (; 19 '"\' • to -J"" C).H», \\'<'' :a 3 J 19 ___)1_. State of Colorado ) ) ss County of Arapahoe) I ff6-_,~ ., ... -ii: 7 r{ Date Subscribed and sworn to before me this .:;)....J day of ;}; ~ 19 11 . .!I'll Comm ;ss ion ex~:n . -9 ~ I tJ Notary Public A sepa rate certifi ~ti o n s hall be presented to the Department of Community Development f or each Notice of Hearing sign. Such certification should be submitted to the Department prior to th e Pu bl1 He aring i n order that it can be included in the information presented to the Public body before whom the Hearing is being held • 1 I • • - • • • • CE RTIFICATION OF POSTING Attached is a pho t o gr aph o f a s ign as it des er i bed pr ope ct y , · o ;.\\-~ Ll)j ~l [J:'£) :A,'v:('C\\l' ~ ~\J\\ is erec t ed on the following 'r',..'( ~~ ~ o..t CJt\«f.S ~ 5:h ~ Legal Description I hereby certify under oa th that th e above des cribed proper ty was posted conti nuously f o r a pe ri od o f~-'~:) ....... ~~ da ys, fr om ~-.....)~-°""'~-v~'-v_,~,-~~~~ 19,\, to ~~,"-r ff) , 19.J1_. Sign,tu-/~~ /-:2 I-z:L Date St ate of Co lorado ) I ) SS County of Arapahoe ) Subs cribed and sworn t o be f ore me this 19 / (( ~lt ;nm. s. Hx ;re. ..t. -/~ -H __ ;:. __ da y o f A separa t certifi<"1 t io n s hall b e prese n ted to t h e Department o f Community Developme nt f or each Notice of Hearing sign. Su ch ce rt ification s hould be s ubmitted to the Department prior to the Pu bh Hearing in or der that i t can be i n cluded in the in formation presented to the Public body b efore wh om t he Hea ring is being h eld. • D I • • - • e • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected described property : ,,41 &.,. (,,t:tdca J.411K. Cr UK, ~trli o-f 4!~.?T4ck, > Legal Description on the following ) I hereby certify under oath that the above described property was posted State of Colorado ) ) ss County of Arapahoe) Subscribed and sworn t o be f ore me this c::2 3 day of ; ~._/ 19_Jj_. M}'. Comm · s:o n exp ire ~ cl--/u -Notary Public r v A se pa rate certif ication s hall be presented to the Department o f Community Deve l opment f or each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Public He a ring in order that it can be included in the information presented to the Public body before whom the Hear i n g is being held. I • • - • • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described property : ~ &, ~£@.l'r1 /c.nK.. o-f' ~ a J Cr.ea le b ,,, ... ti ,..f td/e, 'i'f 41,,w:: dvt2 tJ'7s h J.,(J /(_ I 1/. ~ 7 ~r ;o'-,q;: I:: ,i, TbC ~C:::( I~. Legal Description I hereby certify under oath that the above described continuously for a period of ~~~'-+-7~ days, from ---· 19? [(, to Ja.,.,u<e-5;-1 property was posted ,Ji.,. I Io ! ./;k 7 :>-3 ' 19 • Signatu~77 Date State of Colorado ) ) ss County of Arapahoe) Subscribed and sworn t o be f ore me this ~;2~..2~~day of 19 ,7/ . M}'. Comm is ion exp ire. c,,1. -1 ~ , 0 -~~~ Notary Public ~ A sepa r ate ce r tific a tio n s hall be presented to the Department of Community Deve l opment for each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Public He a rin g in order that it can be included in the information presented to the Public body before whom the Hearing is being held • • I • • • • • CERTIFICATION OF POSTING Attached is a pho t ograph of a sign as it is erected on the following described propert y : 5,., '-)i~~t C:...O'{ ~y ~"°' S'~v\h C,,,b c~ A.~-0\_ ~ W Q,.~ G ·,1n-.~ /i-.rlmv\,. Legal Description I hereby certify under oa th that the above described property was posted continuously for a per i od of \ ' days , from -J Qt'\\) 0..."'1 '/ (; ___ , 19 --=:l'.h , t o ::S Sl::<) \J I>-"1 , } ~ , 1. J'.L • State of Colorado ) ) ss County of Arapahoe) ?~ Signature J /-~ S::-7L Date Subscribed and sworn t o be f ore me this c. ..3 day of 19 71 fJ~-~~ Notary Publi c A separate certi fi a ti on s hall be presented to the Departmen t of Communi ty Development f or each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Public He a ring in order that it can be included in the information presented to the Public body before whom the Hearing is being held. • I • • - • • • • • CERTIFICATION OF POSTING ~:= :::•~~og~~~;~~~ictt;";it+~::: ~ · Legal Description I hereby certify under oath that the above described property was posted \ ~ days, from __ J..:..<;J:,,,:\..,,.;;..._._,J;;..::O,.:,o,f:_:/.~-~-- ----' 19~, to -~;:'w.)_,Slvx-=i..:.....:\J::.....()..~'<~'/~--d') ,/19.Jj_. I continuously for a period of State of Colorado ) ) ss County of Arapahoe) Signatur~~ 7 ~ Date /-;;,-f-z i Subscribed and sworn to before me this ,;2. 3 day of ) Ch-1._ -/-~=------ 19 ? x -;o l) Notary Public A separate ce r ti fi a tion s hall be presented to the Department o f Community Development for each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Public He aring in order that it can be included in the information presented to the Public body before whom the Hearing is being held . • I • - • • • • CERTIFICATION OF POSTING Attached is a pho t ograph of a sign as it is erected on the following ::;?• ~•·'i£Atu~ ~di / Legal Description I hereby certify under oa t h th a the above described property was posted continuously f or a per i od o f /) days , from ~~\---r:..-~~~-·.._MU.~'Ci ....... ~~-('--"~"'-~- ---' 19 7 r: t o __ vG_~_va.-_ _,r:,'-y ____ 2 y ' 19 ) 9. 7 State of Colorado ) ) ss County of Arapahoe ) Date Subscribed and swor n t o be f ore me th i s __..,iJ, ...... ,f ~-day of ....... ~d_([;"-"--e,-/~~~~~--' y 19 1f My Co mmiss :on exp;re~ ;;J -1 u tJ 0 rdr~~ No t a ry Publi c ~ A s epa r a te cer t i fi a tion s hall b e p r esented to the Departme n t o f Commun ity Developme n t f or each Not i ce o f Hearing sign. Such ce rti fic a tion s hould b e submitted to the Department prior to t h e P ub li c He a r ing i n order that i t can be included in the i n f ormation pres en t ed t o the Public body be f ore whom the Heari n g is be i ng h e ld. • I • - • • • • CERTIFICATION OF POSTING Legal Description I hereby certify under oa th that th e above described property was posted continuously for a per i od of ~......._/-""'-;?~~ days, from ~-l~..__4-yJ .......... ,__Cl,_tF'_"?':....,..___=t:'"-~- ----' 19 -1 f . to --~-ti--i __ v_a._r.,...Y'-' ____ '?-J , 19 2.£. 7 State of Colorado ) ) ss County of Arapahoe) Sign,~Ji_ <2- Date /-2r-zY Subsc ribed and sworn t o before me this ,.:2..3 day of ~~--H--,c.._,/~----~ 19 21 Jilt Comm issi on exe ir . ;z_ -r o -,/0 A se parate certif ica tio n s hall be presented to the Depar t ment of Community Deve l opment f or each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Public Hearing i n order that it can be included in the in f ormat i on p resented to the Public body before whom the Hear i ng is being held. • I • • • • • CERTIFICATION OF POSTING Attached i s a pho t ograph of a sign as it is erected on the following described proper ty :~~--~~-/..::::;:~4~&"-'-r_i,/.J.l.!_,/c.......?:~d<L.:.>::....:.~~G..e..1<:0~Y~n:L...Jt~t:c._--1P,;:f.1.__~~::::...~l~~u...~~~- ~/oyJ d ~v~ J iiboM Ga (a i >a:r, Slt:d: Legal Descrip t ion I hereby c ertify under oath that the above described property was posted continuously for a period of / 7 days, from J;, >, U /'I £ ____ , 19 _zi_, t o 0a b ;ruT J-] , 19 / ff . . , ... ,ii!A~ Date State of Colorado ) ) ss County of Arapahoe) Subscribed and sworn to be f ore me this .?..3 19 t i Ml Comm is sion exi re. o2 -Id -S day of §)~ A se parate certifj ation s hall be presented to the Department of Community Development f or each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Publ i He aring in orde r that it can be included in the in f ormation presented to the Public body before whom the Hearing is being held. • I • • - • • • CE RTIFICATION OF POSTING Attached is a Legal Description I hereby certify under oath that the above described property was posted continuously for a period of 11 days, from 1 7-.., J('t? ;;l b ___ , 192-1_, to !Jc,4at.M// -:ii , 19.iL. State of Colorado ) ) ss County of Arapahoe) Signat:=c ffi. 7~ Date /-2:J>-70: Subscribed and sworn to be f ore me this ;2.3 day of ;1~. 19 '? ( Ml ~o_mmJmon ex~,re ~ ,9. -10 io A separate certifi cati on shall be presented to the Department of Community Deve lopment f or each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Publ1 He a ring i n order that it can be included in the information presented to the Public body before whom the Hearing is being held. • I • • - • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described property : ln -£y~ ~ ~~ Y ~ ~\J~b \b <l'v-s.. Y\ () c \(__ S ! 'fl ~ if · Legal Description I hereby certify under oath that the above described property was posted continuously for a period of \, days, from J 9:-:::Y',) Q.'Y ,, (; ~:) ( 19 J~. 19\~, to Date State of Colorado ) ) ss County of Arapahoe) Subscribed and sworn t o be f ore me this 19 J r! .M t .C.1m.mJ s"on exP.ire: ,;l. -/e-if u /-> ?-zZ: _ __;J :....J __ da y · of V A s eparate certi fic a ti o n s hall be presented to the Department of Commun i ty De v e l opme nt f or each Notice of Hearing sign. Such c ertificat i on should be submitted to the Department prior to the Publ ic He a r ing i n order that it can be included in the in f ormation pres ented to the Public body before whom the Hearing i s being held. • I • • • • tit CERTIFICATION OF POSTING following 1·,r&. . Legal Description I hereby certify under oath that the above described property was posted continuously for a per i od of State of Colorado ) ) ss Co u nty o f Arapahoe) days , from _)J .... -.__°"'1)_....._\J'-Q..&"->1-,+..__.G....,__ .J"""' \J ox , r d--o . ;i;; _::ii_. ~~M Signature " /-~?-z~ Date Subscribed and sworn t o be f ore me this b2._:j' da y of J~ p 19 1/ MX Comm ·ss ion exp :r"' .? lo fo Notary Public A se p arate certifi ati on s hall be presented to the Department o f Commun ity Developme n t f or each Noti c e of Hearing sign, Su c h ce rt ification should be submitted to the Department prior t o the P ubli • He aring in order that it can be included in the in f ormat i on p resented to the Publi c body before whom the Hear i n g is be i n g h e ld. • I • • • • • • CERTIF I CATION OF POSTING Attached is a photograph of a sign as it is erected on the described property , /:,,b; ~Ill tsi GOY ~ Y £ \la_ ( M :X () \~ 0,t g.,y Cb(\~ \A) ~ ~ s: ( 0 f A~ \J ~ following o~~'yi Legal Description I hereby certify under oa th that the above described property was posted continuously for a period of \ days, from -:rwvll..'f '/ £ cl -r . ,a 19 ~. to --~-~--~-~:..;,.::-,..3......'fl----_):...._'3 ___ , 19 _li_. State of Colorado ) ) ss County of Arapahoe) Signatif'~~ /-:J: ?-2 Date - Subscribed and sworn t o before me this ""Q{"-'3""-__ da y of ~ · 19 'Jf ~ A separa te certif i a ti on s ha ll be presented to the Department o f Community Deve lopment for each Notice of Hearing sign. Such certifi c ation should be submitted to the Department prior to the Publ ic He aring in order that it can be i n cluded in the information presented to the Public body before whom t he Hearing is being held • I • • - • • • • CERT IFICATION OF POSTING Attached is a pho t ograph o f a sign as it is erected on the following described \>\~(._~ prope,ty ~~:v.wi: can,a.:r ,..\ \Al ,i rb ... f ~ ~ s,i,\)\:"' cJ~."~~ ~,l~ Legal Description I hereby certify under oa th that th e above described property was posted continuously for a per i od o f \""\ days. from :r~v~-, B ;:y <:),,..r\ ~ (\.'t '\. I } '3 /, 19 -2i_. I Sign,tuif &;;~ Date State of Colorado ) ) ss Coun ty of Arapahoe) Subscribed and sworn to bef ore me thi s ~~c.......::,J<--~-day of z;i «-:?: 19 2 .( 0 A separate ce rti fic ati on s hall be presented to the Departmen t o f Commun ity Deve lopment for each Noti ce o f Hearing sign. Such certification s hould be s ubmitted to the Department prior to the Publ ic He a rin g in order t hat it can be i ncluded in the information presented to the Public body before whom the Hear ing is being held • I • • - • • • ---- CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described property : ,)did/, b"t we,£ Url,hzou-tA 4 k'.nV (_,, /J ~-----g...._.._/..___O....._Z,_7'.':.....,__~~<.., ....... ef..............,_/Z_,_a..::....,a:OoL<:-.,L..m<..l:llac.J...:u~f L...:...;....:..-- .dvfVJ111 e1 Legal Description I hereby certify under oa th that the above described property was posted continuously for a pe ri od of / 7 days, from ,1a,,, v6 ;y C' ___ , 19.z.(, to cTO::vr,;;: .2:3 (19_25J_. :;;r;ft;~L Signature 7 Date L"";; Z-zt State of Colorado ) ) ss County of Arapahoe) Subscribed and sworn to be f ore me this _._ J day of 19 2¥ My_ Comm :s s:on exp,r, ~ -10 J'o A separate certif ica t i on sh all be presented to the Department of Community Deve lopment f or each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Pu bl ic He a ring in order that it can be included in the information presented to the Public body be fore whom the Hearing is being held. I • • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described property : ~£.(Ca-::G d C..-o tfr-4:~ a£ e,t}a, s--(9 bz "i+'?f 40 d\&n v<.J ~ .)d v/-fi fn ,( 41dh:z v {_,, Legal Description I hereby certify under oath that the above described property was posted continuously for a period of ~/..._ .... 7 ___ days, from J c£:n l,,q r y C ,/ 7 ____ , 19_2Q__, to , Tt:b-1 v ct. r v ~ 5 , 19~. State of Colorado ) ) 55 County of Arapahoe) ,/ Signat~z Date - Subscribed and sworn to be f ore me this _ _;;-3;..__day of ~a::-,,...._, 19 7 Notary Public A se pa rate certifi c ~,t io n sh all be presented to the Department o f Commun ity Deve lopme nt for each Notice of Hearing sign. Such cert if i c ation should be submitted to the Department prior to the P ub li He ar i ng i n ord e r that it can be included in the in f ormat i on presented to the Public body before whom the Hearing is being held. I • • - • • • CERTIFICATION OF POSTING Legal Description I hereby certify under oath that the above described property was posted continuously for a period of / ) days, from ':& Vt:; y-< 19 7 ( , to ---'Y4.......,.;4o............_l/_<(-.?...,,&.y''-----.!'-~ , 19 71 Signat~~~ Date State of Colorado ) ) ss County of Arapahoe) Subscribed and sworn to be f ore me this 19 zi -.3 day of ~-----' h1Y. C mm, s.o n exi1.1~-;;J -I I) -t> Notary Pubhc A separate certi fi ati o n s hall be presented to the Department of Commun i ty Deve lopme nt for each Notice of Hearing sign. Such certifi c ation should be submitted to the Department prior to the Pu b lic He a rin g in o r der that it can be included in the information presented to the Public body before whom the Hearing is being held • • I • • - • • • CERTIFICATION OF POSTING photogra ph of a sign as it is erected on the following des Cr i bed proper ty : ___;M_..c..6'..,_r...,_l.....;hCL.JO:l.L::1,;:;_:, .... s:c...;(".__C=-o""-'-.....-..LN-=,,_V'_""'b-r.....,_---"s;=,_.,(/::c.._./J.h;..L__ __ E:la.--f/ S'.f ra:i: ~ (l/b$Z qvd drm v ~ Attached is a Legal Description I hereby certify under oa th that the above described proper ty was posted continuously for a per i od of _____ , 19 7 '6, t o State of Colorado ) ) ss County of Arapahoe) / 2 days, from J6--wUr;?,>([ J:::~71/ ~ 1 2: >" ' 19 7'$ . /~~ Signature I-d-: 3'., z;(' Date -- Subscribed and sworn to before me this .,J>J ' day 19 'l [ f,,. C .nm . s,on ex)):rc~ -/() j ,:) A separate certificati on sh all be presented to the Department of Community Deve lopment for each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Public He a ring in order that it can be included in the information presented to the Public body before whom the Hearing is being held. • I • - - • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described proper ty :,---~....>oe-::L.;'J:.....J\::""-~_____.;:~:...i.__-\J~.5;.-L.:..----0.:l~....il~,~~,~i:,..cd\~1,._~~~""-:2...L.-- '(h \~WC\:,.( ~~ c; Cl \1th ho°to::.,s±'hl: Le gal Description I hereby certify under oa th that t he above described property was posted c on tinuously for a pe ri od o f / 7 days , from _...,,L~ ... ~i:;._:;.L....:b;;__ ___ _ ___ , 19)6, to _ __..,..,,_Z~a-'--------~.s , 19.25._. Sig~~ ~--1-;). Y-7% Date State o f Colorado ) ) 55 Coun ty of Arapahoe) __;'i?.J="'--day of+:....:·----' Subscribed and sworn to before me this 19 7t ~~ My Comm 1ss :on ex p re . 0 :2. -/l Notary Public A separate certif i ation sh all be presen te d to the Department of Commun ity Development f or each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Public He aring in order t ha t it can be i ncluded in the i n formation presented to the Public body before whom the Hearing is being held • • I • • • • • CERTIFICATION OF POSTING Attached is a pho t ograph of a sign as it is erected on the following described proper ty !, i z~-f V'~Ls~v+) tf~czdwov ,n_t>-_!.. _-C_e,y:z~- 0 Legal Description I hereby certify under oa th that the above described property was pos te d continuously for a per i od of , 7 days, from -::1'4nvoi:;v t ___ . ,. -:16'. t o ,Unv"}/ 2: ! /~,.~. ~~ Signature /-,,:;. f. z'L Date State of Colorado ) ) ss County of Arapahoe ) Subscribed and sworn to before me this ~.;;~~)'--_day of 19 11 ' ' Notary~ A separate ce r tif icati o n s hall be presented to the Department o f Community Deve lopment for each Notice of Hearing sign. Such certifi c ation s hould be submitted to the Department prior to the Pu bl ic He a ring in order that it can be included i n the information presented to the Public body before whom the Hearing is being held • • I • • • • • CERTIFICATION OF POSTING Attached is a pho t ograph of a sign as it is erected on the following described proper ty , Jf g;Mg9 2'd9---6'}" .(,,/~ ~-,~ ~ t::r:~t?,-%:uu ir~d Legal Description I hereby certify under oath that the above described property was posted continuously for a period of ____ , 19~, to days , from 0 0:::'1 VC( y G v=,,~ I ,.3 . 1• 71 Signatu~>~ l) Date State of Colorado ) L-a 2-zz1 ) ss County of Arapahoe) Subscribed and sworn t o before me this ~-~ __ da y of 19 l<s bit mm: s:on e.~ ;, _ -. -/6 -J ~· Nota~ / A separate certif j ati on shall be presented to the Department of Commun ity Deve lopment f or each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Public He aring in order that it can be included in the information presented to the Public body before whom the Hearing is be i ng held • • I • • - • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described property ~~~ ~r--1\"t ~ <,, s s ~ 3.1_=----_ _ --'~ ·, s_~ u:k: , "' Legal Description I hereby certify under oath that the above desc ribed property was posted continuously for a period of \""') days , from '(\\1'<:-.\l g.V'-1 £ 19 J ~ , to 0 """" I),.'"! J: -Z,, ( 19 )'\, _. State o f Colorado ) ) ss County of Arapahoe) Signatff ~-+ __ /-,? j7.. 2 Date · ' Subscribed and sworn to before me this .;2 ..3 dayof r ---~ 19-2.L. My_ Co mmiss ion exp ;re' c? 111 -R" X z:.~_.:....-~ ~~c A separate certi fi a tio n s hall be presented to the Department o f Community Development for each Notice o f Hearing sign. Such certification should be submitted to the Department prior to the Publ ic He aring in order that it can be included in the information presented to the Public body before whom the Hearing is being held • • I • • - • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described property ?a_~ "-f"" "1tf::rd/ ;1 J'(J 9 J;iv.,ZZ __ c/c __ Legal Description I hereby certify under oath that the above described property was posted continuously for , period of / ,2 days , fr= ..2o.a f/<11!/ ~ 19 '7S, to ,r~~d.y 2: 2 '' 19 • State of Colorado ) ) ss County of Arapahoe) Sign,~ l-2 I-7 Date · Subscr i bed and sworn to be f ore me th i s r.c9 3 day of \/4-r:< 19 1( / Mt Com rn,ss:on ex pire s c? -1~ t NotaryPulic A se pa rate cert i fi a tion sha ll be presented to the Department o f Community Deve lopment f or each Notice of Hearing sign, Such certification should be submitted to the Department prior to the Publ1 He aring i n order that it can be included in the information presented to the Public body before whom the Hearing is being held • I • • \ • • • CERTIFICATION OF POSTING Attached is a pho togra ph it is Legal Description I hereby certify under oa th that the above described property was posted continuously for a period of ____ , 19~, to Sta te of Colorado ) ) ss County of Arapahoe) /-?.?-zi' Date · Subscr ibed and sworn to be f ore me this ;?,J day of ~ ~ 19 2&' y~~~ Notary Public A separate certi f i c h tio n sh all be presented to the Department of Community Development f or each Notice of Hearing sign, Such certification should be submitted to the Department prior to the Publ i He aring in order that it can be included in the information presented to the Public body before whom the Hearing is being held. I • • - • • • • CE RTIFICATION OF POSTING Legal Descrip t ion I hereby c ertify under oa th that the above de scribed p r ope rty was posted continuously for a period of days , fr om J" ~"<l'<V (, 19"'\. ~ , t o __ ......)_°"""' __ '-.l_~~~'--11-----' J ...:i I':} , l 9_l_"t)_. State of Colorado ) ) ss County o f Arapahoe ) Signat~ /-~?-Z_ Date · Subscribed and sworn to be f o re me this .........:"--'3""-_d a y of '-f ®",,, 19 7i MY. C mm i~s .on ex ; c 4 -//· Notary PuHc A sepa rate certi fic ~ti o n s hall be presented to the Department o f Community Deve lopment f or each Notice o f Hearing sign. Such certification should b e s ubmitted to the Department prior to the Pu bl1 He a ring i n orde r t hat it can be i ncluded in the i n f ormat i on presented to the Public body b efore whom the Hear ing is being held • • I • • • • • CE RTIFI CATI ON OF POSTING Legal Descrip tion I hereby certify und er oa th that the above described prope rty was posted continuously f or a per i od o f _\-+)~---days ' from (} \rn\lSlYr G ____ , 1919:) , to ,-..J g.....y.. ,,C).. "''' ~'s , 19~. ' Signat~?~ __..,.....-I -f>-.:C_ -,?:! Date ~ Sta te of Colorado ss Coun ty of Arapahoe Subscribed and sworn t o be f ore me this ,2 5 day of St~ ,/ 19 )f . Ml Ccm m·ss:on exp ire. _:; 1 tJ -I c> ~£\..<..-t.c.-J ~""'-' No t ary Public A separate certific;c,.tion sh all be presented to the Department o f Community Deve lopment f or each No tice of Hearing sign. Such certification should be submitted to the Department prior to the Public He a ri ng in orde r that it can be included in the information presented t o the Public body be f ore whom the Hear ing is being held • • I • • - • • • CE RTIFI CATI ON OF POSTING Attached is a pho t o graph of a sign as it is erected on the following described proper ty : 6t., -fu, ~ta'{!b S.~ ~L £ ~ a;/:: ~~:;~ ~~s~ct~·J:d;: Legal Desc ri p ti o n I hereby certify under oa th that the above described property was pos t ed con tinuousl y for a per i od of __ \~G~~-da ys, fr om -J' h\)\\'C '-{ ~ 19 ,~. to ,., 0rr." '"'( 1 1 ?, . 19 1~. State of Colorado County of Arapahoe ss SignatG ~.,%.J-: Date .L --2-. J:-z,:( Subscribed and swo rn t o before me this .,2 5 day of J ""'- 19 1 ( MY. Co m, • n exp.re~ J I o Y u A sepa ra t e certific ll ti o n s hall be presented t o the Department o f Commun ity De ve l opment f or each Not ic e of Hearing sign. Such certificat i on should be submitted to the Department prior to the Pu bl i He a ring i n order that it can be included in the information presented to the Public body be f ore whom the Hearing is b eing held • • I • • • • • CERTIFICATION OF POSTING Legal Description I hereby certify under oath that the above described property was posted continuously for a per iod of ~~~~' 19 7<{, to / 2 days, from ,Lao 1/11(7 ..( c brz Lz Q 1-v ;:2 'J , 19-22.._. Sign~~ Date State of Colorado ) ) ss County of Arapahoe) Subscribed and sworn to be f ore me this 19_.Jj_. ,2 ? day of --~~&::'.'.=;:__ ___ _ f11l Com i s" on exp i1 •. .1 · / o JO Notary Public • A separate certifj a ti on s hall be presented to the Department of Community Development for each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Publ i~ He aring in order that it can be included in the information presented to the Public body be f ore whom the Hearing is being held. • I • • -• • CERTIFICATI ON OF POSTING Attached is a pho t ograph of a sign as it is erected on the f ollowing described proper ty : NC'<,41).l-U)Y b,\Y £ u -S. r,h~w:i~t :1r\S ~ S~'-' Lg9t~'v ur 1 Legal Descrip t ion I hereby certify under oath that the above desc ribed proper ty was posted continuously for a period of \:l days, fr om ,:::Y°""-',lC\.'<'I \) ---· 10--=::ii.. to 0 s:b,,J"-''( ")3 . r.~. State of Col orado ) ) ss County of Arapahoe ) S;gnate. f6;~ /-:;ix-z Date z - Subscribed and sworn t o be f ore me this -~J"--_day of ~ 'u1,../ 19 1 r/ Mt Com missi on ex~,r ;) /b 0 Not a ryPu A separa te certific a tion s hall be presented to the Department of Commun i ty Dev elopment f or each Notice of Hearing sign. Such certificat i on should be submitted to the Department prior to the Pu bl ic He a ring in order that it can be included in the information presented to the Public body before whom the Hearing is being held. I • •