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HomeMy WebLinkAbout5.0 Resolution 2006-79lllllil llill lllllll lllllllll lll lllllll lil illl llll llll 7@3231 @7/31/20@6 @4t30P 81826 1 of 2@ R @.O@ D O.OO GRRFIELD STATE OF COLORADO County of Garfield P502 n COUNTY ) )ss ) ALSDORF c0 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meiting Room, Garfield County Courthouse, in Glenwood Springs on Monday the 31st of July, 2006, there were present: Iohn Martin -, Commissioner Chairman Larrv McCown , Commissioner Tr6si Houpt , Commissioner Don DeFord , CountY AttorneY -Mildred ,qJsdo.f ' Clerk of the Board Ed Green , CountY Manager when the following proceedings, among others were had and done' to-wit: RESOLUTION NO. 2006 _ 13 A RESOLUTION AMENDING THE TEXT SECTION 6.00 OF THE GARFIELD COUNTY ZONING RESOLUTION OF 1978 ADOPTING REGULATION. WHEREAS, on the 2nd day of January, Ig7g, the Board of County Commissioners of Garfield County, Colorado, adopted Resolution No. 79-1 concerning a Zontng Resolution for the County of Garfield, State of Colorado; and WHEREAS, the Board is authorized by the provisions of Sections 30-28-109 through 30-28-116, C.R.S. 1973, as amended, to provide for the approval of amendments to such Zoning Resolution, and the Board has so amended the said Resolution; and WHEREAS, on December 16, lgg!, the Board adopted a codified version of the Garfield County ZonrngResolution of 1978 and all subsequent amendments; and WHEREAS, on June 14, 2006, the Garfield County Planning Commission recommended approval of the proposed text amendment to Section 6.00, Floodplain Regulations; WHEREAS, a public hearing was held on the 31't day of July, 2006 before the Board of County Commissioners of Garfield County, Colorado, at the Commissioners meeting room, Suite 100, Garfield County Administrative Building , 108 Sth Street, Glenwood Springs, Colorado, as to which hearing, public notice was given in accordance with requirements of Section 10 of the Garfield County Zoning Resolution ; ,l(L 10 Page 1 of 3 illlill lllll lllllll llllllllll lll llllu_lll lllllllll llll ts=ili{ s;i tsli2alo{ sq:30P 81826 Ps@3 l'l ALSDoRF )-"i-zo R @.o@ D o'oo cRRFxELD couNTY c0 WHEREAS, the Board on the basis of evidence produced at the aforementioned hearing has made the following determination of fact: 1. That an application for a zone district text amendments were made consistent with the requiiernents of Section 10.00 of the Garfield County Zoning Resolution of 1978, as amended; 2. That the Board of County Commissioners is authorized by the provisions of Section 30-2g-116, C.R.S. 19J3, as amended, to provide for the approval of amendmentstotheGarfieldCountyZoringResolution; 3. That the pubtic hearing before the Board of County Commissioners was extensive and comilete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing; 4. That the Garfield County Planning Commission has reviewed the proposed zone district text amendment and made a recommendation as required by Section 10.04 of the Garfield county zoningResolution of 1978, as amended; 5. That the proposed text amendments are in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield CountY. NOW, THEREFORE,, BE IT RESOLVED by the Board of county commissioners of Garfield County, Colorado, that the Garfield County Zoning Resolution, adopted on the 2nd day of January,l9ig, and identified as its Resolution No. J9-1, as subsequently amended by this Board, shall be and hereby is amended and said language will be incorporated into the codified Garfield County Zoning Resolution adopted by the Board on December 16, 1991 as shown on the attached Exhibit A: ADoprED ,n, 3lofi dayor W ,2006 ATTEST:GARFIELD COUNTY BOARD OF IONERS, GARFIELD Page 2 of 3 lllllll illl lllllll llLllllllll lilllll lll llll llll llll 703237 @7/31/2@06 O4:3@P 818253 of 2@ R @.O@ D @.OO GRRFIELD Upon motion dulY following vote: STATE OF COLORADO County of Garfield P5O4 ].I RLSDORF COUNTY CO made and seconded Larrv McCown Tr6si Houpt John Martin , AYe the foregoing Resolution was adopted by the -, Aye -, Aye ) )ss ) T -, County Clerk and ex-officio Clerk of the Board of County C"*111i*-.*^, in anO for the County and State aforesaid, do hereby certify that the urn"""d and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office' IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this - day of , A.D. 2006. County Clerk and ex-officio Clerk of the Board of County Commissioners Page 3 of 3 illllil lllll lllllll lll llllll llllllillll lllll llll lll 703237 A1rct/?O@6 @4z3OP 81826 P505 I'l RLSDORF 4 of 2O R O.gO D @'AO GRRFIELD C0UNTY C0 EXHIBIT A 6.00 6.01 6.01.01 6.0r.02 6.01.03 6.01.04 6.01.05 6.01.06 6.01.07 6.02 6.02.01 6.02.02 FLOODPLAIN REGULATION STATEMENT OF PURPOSE It is the purpose of this floodplain regulation, hereafter "Regulation," to promote the public health, safety and general welfare, and to minimize public and private io.r", due to flood conditions in specific areas by provisions designed to: (A. 85-211) Permit only such uses in designated floodplain that will_not endanger life, health, puUiic safety or property in times of flood' (A' 85-211) prohibit the placement of fill, materials and structures which would significantly obstruct flood flows to the potential damage of others or cause pientially bamaging debris to be carried downstream. (A. 85-211) Insure the most effective expenditure of public funds for necessary flood control projects and flood relief measures' (A' 85-211) Prevent avoidable business and commerce interruptions. (A. 85-211) Minimize damages to public utilities, streets and bridges. (A. 85-211) Minimize the pollution of water by prohibiting the disposal of garbage and other solid waste materials in floodplains' (A' 85'211) Encourage but not limit the use of the floodplain for agdcultural, open space and wildlife refuge purposes. (A. 85-211) DEFINITIONS As used in this floodplain regulation, the following words and phrases are defined as follows: (A. 85-211) Area of Shallow Floodine: A designated Ao zone on the Flood Insurance nut. fvfup ffm1vf)*ltt7on. p"r"Lrt chance or greater annual chance of flooding to an average depth of or" (1) to three (3) feet; where a clearly defined channel does=not exist; where the path of flooding is unpredictable and indeterminate; and, where velocity flow may be evident. Such flooding is charaiteri zed by ponding or sheet flow'(A' 85-2 1 1 ) Area Of Special Flood Hazard - is the land in the floodplain within a community subject to a one p"r""r,t o, greater chance of flooding in any given year' The area -uy u" designatid aszone-Aon the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone Ausually is refined into Zones A, AE, AH' AO or A1-99' Base Flood - means the flood having a one percent chance of being equaled or6.02.03 LFI U I rUHlru ,'.,ul!l,u l!! l,I[' H[!ll'llILL!! I 5 ot 2o R o.oo o'oltia-snnFrELD couNTY c0 6.02.04 6.02.05 6.02.06 6.02.07 6.02.08 6.02.09 6.02.10 6.02.t| exceeded in any given Year. Basement - means any area of the building having its floor sub-grade (below gtound level) on all sides. Development: Any manmade change to improved or unimproved real estate, *.trdtrg brt not iimited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations (A' 85-211) Existing Construction - means for the purposes of determining rates, structures for wtriifr the "start of construction" commenced before the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures'" Existing Manufactured Home Park Or Subdivision - means a manufactured home purt - rrUaivision for which the construction of facilities for servicing the lots in which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is compieted before the effective date of the floodplain management regulations adopted by a community' means the p."p*"rt., of additional sites by the construction of facilities for servicing the iots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete Pads). Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: (A. 8-5-21 1) 1. the overflow of iniand or tidal waters. 2. the unusual and rapid accumuiation oI runoff of surface waters from any source. Flood Fringe: That area of the floodplain shown on the flood maps which lies outside of the floodway, in which the depth and velocity of the waters of the 100 Year Flood do not preient as serious a threat to life and property as do the depth and velocity of the 100 Year Floodwaters in the floodway. It is that area of the 100 Year Floodplain in which the use of fiII and flood-proofing techniques may be allowed for development, without raising the water surface elevation of the 100 Year Flood by more than one (1) foot. (A. 85-211) Flood Insurance Study: The official report provided by the Federal Emergency ftlun.og"*"rt Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map' (A. 85-211) Flood Insurance Rate Map: (FIRM) An official map of a community, on which th. F"d".ul Emergency Management Agency has delineated both the areas of special flood hazaids and the risk premium zones applicable to the community' (A. 85-211; 89-057) 6.O2.1r llilll lllll lllill llll lllil lll lllllll lll illl llt lll 703?37 @7/3t/2@O6 @43AP 81826 P507 t'l RLSDoRF 6 ol 2O R O.OO O O.OO GRRFIELD COUNTY C0 6.02.r2 6.02.13 6.02.14 6.02.15 6.02.16 6.O2.17 6.02.17 6.02. r 8 6.42.t9 Floodplain: Any land area susceptible to being inundated by water from any source (see definition of flooding). (A. 85-211) Floodplain Administrator: The individual designated by the County Co.nnr.riorers and assigned to make the necessary interpretations of the floodplain studies and maps as they relate to the precise location and elevation of the surface of the Floodplain on a specific property, and any other interpretation and duties required in the daily administration of this Regulation' For the purposes of ttris Regulation, the floodplain administrator shall be the Planning Director of the County. (A. 85-211) Flood Proofing: A combination of structural and non-structural additions, "hurg"t, or adjustments to structures which reduce or eliminate flood damage to real Jstate or improved real property, water and sanitary facilities, structures and their contents. (A85-21 1) Floodway(Regulator), Floodwav): The channel of a river or other watercourse una ti" uaiucent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (A. 85-211) Highest Adjacent Grade - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Lowest Floor - means the lowest floor of the lowest enclosed area (including U"r".*"ti. An unfinished or flood resistant enclosure, usable solely for parking or vehicles. building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood insurance Program regulations. Manufactured Home: A structure, transportable in one (1) or more sections, *t on ir U"ilt on a permanent chassis and is desigrred for use with or without a permanent foundation when connected to the required utilities. The term i'manufactured home" does not include a "recreational vehicle". (A. 89-057) Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home Iots for rent or sale' (A' 89-os7) New Construction: Means, for the purpose of determining insurance rates, ,t*"tr.". for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31,1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means Structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. (A. 85-211) lllllll lllll lllllll llll llllll llulllll!.lll lllllllll llll to=iiii sii t1l iiaso'sc-,isp efiz6 P508 1'l ALSDoRF t- "i-zg R o.oo o @.@o GRRFTELD couNTY c0 6.02.20 6.02.21 6.02.22 6.02.23 6.O2.23 Recreational Vehicle 'means a vehicle which is: 1. built on a single chassis; 2. 4OO square feet or less when measured at the largest horizontal projections; 3. designed to be self-propelled or perrnanently towable by a light duty truck; and 4. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use' Structure: A walled and roofed building, including a gas or liquid storage tank, ttut i, p.ir"ipally above ground, as well as a manufactured home. (A. 85-21l) Start Of ionstruction - (for other than new construction or substantial ,*pr"r"-"rt, under the Coastal Barrier Resources Act (Pub. L.97 -348)), includes substantial improvement and means the date the building permit was issued, provided the aciual start of construction, repair, Ieconstruction, rehabiliiation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or iootings, the installation of piles, the construction of columns, or any work beyoni the stage of excavation; or the placement of a manufactured home on a ftundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or Sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall. ceiling. floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the buiiding. Substantial Damage - means damage of any origin sustained by a structure *t**UV tt.."tt "f iestoring the structure to its before damaged condition would equal oi exceed 50 percent o1the market value of the structure before the damage occurred. Substantial Improvement: Any repair, reconstruction, alteration or improvement of a structure, the cost of which equals or exceeds fifty percent (50Vo) of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. This term does not , however, include either:(A. 85-211) 1. Any project for improvement of a structure to correct existing violations of state or local heilth, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or Z. Any alternation of a "historic structure", provided that the alteration will L[tuilll ilI|Iil l]l lllililtill]ill ilililt ffi703237 07/31/2006 04:3@? Araz6 Fsdg il nLSD0RF'8 ol 2O R @.@O D A.O@ GRRFIELD COUNTY CO 6.03 6.03.01 6.03.02 6.O4 6.05 6.05.01 not preclude the structure's continued designation as a'historic structure." APPLICABILITY OF REGULATIONS Except as otherwise specifically provided herein, no structure shall hereafter be used, constructed, substantially improved, located, extended, converted or altered on lands subject to this Regulation without full compliance with the terms hereof and all other applicable regulations. (A. 85-211) This Regulation shall apply to all areas of lands within the unincorporated area of the County, which are identified as being in an Area of Special Flood Hazards in either: (1) The report entitled the Flood Insurance Study. Garfield County. Colorado. Unincomorated Areas dated August 2,2006 and the accompanying flood maps entitled Flood Boundary Maps, Floodwav Maps and Flood lnsurance Rate Maps. Garfield County. Colorado. Unincorporated Areas, as the same may be from time to time amended through the Zone District Amendment procedure in Section 10.0: or (2) In the processing of any application for Planned Unit Development zoning or for subdivision under applicable County Regulations. (A. 85-211) DETERMINATION OF FLOODPLAINS FOR PLANNED UNIT DEVELOPMENTS AND SUBDTVISION IN AREAS NOT PREVIOUSLY MAPPED When an application for a Planned Unit Development or subdivision site under the applicable provisions of this Resolution or the Garfield County Subdivision Regtrlations indicates or suggests that an area of the site may be in an Area of Special Flood Hazard, but for which area no studies or maps have been previously prepared, it shall be the responsibility of the applicant to provide floodplain studies, including appropriate maps, conducted and certified by a licensed professional engineer experienced in floodplain hydrology and hydraulics, which studies shall, at a minimum, determine the depth and eievation of the base flood for the entire area of the site and for two hundred (200) yards upstream and downstream from the site, with an appropriate cross section. Map scales shall be determined by County zoning and subdivision requirements. (A. 85-211) DELINEATION OF DISTRICTS WITHIN FLOODPLAIN District Types The floodplain of the County, identified as set forth in Section 6.03 and 6.04, supra, may, where deemed to be in the public interest by the County, and to promote wise use of the floodplain, be divided by the County into two (2) sub-areas: (1) Flood Fringe; (2) Floodway. ln case of such division, such sub-areas shall be as delineated and described in the studies and maps incorporated herein. Where such definition of any area of the floodplain into lllllll lllll lllllll llll llllll lll lll[lll]l lllll llll llll 1o-sCi{ wrilrzsoe-sc''iop staz6 P510 I'l RLSDoRF g- "i-zg R @.@o D @.@o GARFIELD couNTY c0 6.05.02 6.05.03 sub-areas is not so made, the provisions of this Resolution appiicable to Floodways shall be applied to th; entire area of the floodplain not so divided' (A.8s-211) Applications to Divide Floodplain into Districts Applr*t.^ f". D"u"lop-"rt Permits, as required hereunder' may include a request to divide the floodplain use as to the land included in the application, so that the floodplain land included in the application will be designated as lying in whole or in part in Floodway or Flood Fringe. The applicant seeking such division shall include in his application, at the applicant's expense, a report of a licensed professional engineei competent in the field of floodplain hydrology and hydraulics, including accurate maps, which report and maps shall show' in the opinion of the "ngin""r, which portions of the land included in the application lie in whole or in part in the Floodway and Flood Fringe as defined hliein. The report shall further state that division of the floodplain, in the manner shown in the report, complies with all the standards and requirements of this Regulation. Applications to divide the floodplain may be included in an applicatlon for the permit for use of the land included in the application, or may be^submitted apart irorn uny application for a permit for a use. If the application is submitted aiart from *y uppti"ution for a permit for a use, then the granting of the applicaiion to divide the floodplain into sub-areas shall not be construed to Ue tfre granting of a permit to make a use of the land included' and an application-for a Development Permit shall be required as provided herein tfior. any use of the land can be made for which a Special Use Permit is required. In any case, such application for division shall be approved or denied unier the procedures of this Zining Resolution for Development Permits, using the guidelines set forth below. (A. 85-211) In determining whether to divide the floodplain into Floodway and Flood Fringe sub-areas, the County shall determine whether such division is in the public interest and promotes wise use of the floodplain. The following factors, by way of example, and not by way of limitation, shall be considered in making such determinations: (1) Whether the Flood Fringe area, as depicted by the available studies and maps, is so restrictive due to ihe amount of total area or topoglaphy involved that the development of the site would require a variance from other applicable County Zoning Regulations. ln cases where a variance would be necessary, the County shall not approve dividing of the Floodplain' (Z) Whether the Floodplain in question could serve as an integral part of the land use planning for a subdivision or planned unit development application for the purposes of providing common open space or recreational land' ln such case rhe County shali strive to keep the Floodplain free of significant construction or substantial improvement. (A. 85-21 1) 6.06 ADOPTION OF OFFICIAL MAPS AND REPORTS The flood maps and reports defined and listed above, and all amendments lrilil illl lllll lililllll lllllllll lll llllll lll lill 7@3237 07/31/20e,6 @430P 8t826 Psll I'l ALSDoRF 1@ of 2@ R O.OO O 0.00 GRRFIELD COUNTY C0 6.08 6.08.01 thereto, are hereby adopted by reference and shall be a part of this Resolution as if fully set forth and described herein. These maps and reports shall be filed in the Planning office of the county and the office of the county Clerk and Recorder. In addition, the County shall obtain. review and reasonably utilize any base flood elevation or floodway data available from a Federal, State or other source in the course of the administration of this Resolution. (A.85-211; 89-0s7) INTEGRATION OF FLOODPLAIN REGULATION AND ZONING REGULATIONS Uses allowed on land identified as subject to this floodplain regulation shall also be subject to the provisions of the applicable underlying zone district, as outlined elsewhere in this Zoning Resolution. Where this floodplain regulation and the applicable provisions of any underlying zone district category conflict, the more restrictive shall apply. (A. 85-211) ADMINISTRATION PROCEDURES Development Permit Required Any use to be developed in the floodplain shall be required to obrain a Development Permit, in accordance with the applicable regulations of Section 6.08.02., All applications for a Development Permit under this Regulation shall be reviewed by the Floodplain Administraror: (1) Maintain and hold open for public inspecrion all records pertaining to the provisions of this resolution. (2) Review, approve or deny all applications for development permits required by adoption of this resolution. (3) Review permits for proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or Stare Law, including Section 404 of the Federal water Pollution control Act Amendmenrs of 1972,33 u.s.c. 1344, from which prior approval is required. (4) Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) To assure that adjacent communities, the Colorado Water Conservation Board and Federal Emergency Management Agency have been notified of the proposed watercourse alteration or relocation. LUll ulll illlll lll il]ilI Iilffiill]ilillllt7@3237 @7/37t2@O6 @4:3@p AtsC{isiz r nLSDORF11 of 20 R O.O@ D O.OA GRRFIELD COUNTY CO 6.08.02 (7) To assure that the carrying capacity ofthe altered/relocated watercourse is maintained. (A. 85-21 1) (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements. or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first appiies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision). Permit Procedures (1) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed la-ndscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location ofthe foregoing in relation to areas of special flood hazard. Additionally, the following information is required: a. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; b. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; c. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Section 6.09.; d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. e. Maintain a record of all such information in accordance with Section 6.08.01 (3). ilililr lilr ililil il[ ilIil l] Iilil ilt llm ilr IIlr 703237 07/3[/?OOB @4z3AP 81826 P513 l'l RLSDORF tZ ol 2@ R O.O@ O 0.00 GRRFIELD COUNTY C0 (2) Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this resolution and the following relevant factors : a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its conrents to flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; e. The safety of access to the property in times of flood for ordinary and emergency vehicles; f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate ofrise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; i. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; j. The relationship of the proposed use to the comprehensive plan for that area. (3) Outline of Process. The Administrative Review process shall consist of the following procedures : a. Review Process. 1. Application. The application materials required for a Development Permit subject to Administrative Review are set forth in Section 6.08.01 (1) 2. Determination of Comoleteness. The Director shall review the application for determination of completeness . 3. Evaluation b), Director/Staff Review. Upon ilililt llll lllllll llll llllll il illll lll llllll ll lill 703237 @7/3[/AOOA @4t3@P 81826 P514 I'l RLSDORF 13 of 20 R O.OO D 0.00 GRRFIELD COUNTY CO determination of completeness, the Director shall review the application for compliance with the approval standards set forth in this resolution. The Director's evaluation of the application may include comment by referral agencies. b. Director Decision. Within thirty (30) working days of the date of determination of completeness. or close of the comment period if the application is referred for comment, the Director may approve, approve with conditions or deny the land use change application subject to Administrative Review. The Director's decision shall be based upon compliance of the proposed use with the approval standards set forth in this resolution. I . Approval of Application. If the application satisfies all ofthe applicable standards, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable standards. Z. Denial of Application. If the application fails to satisfy all ofthe applicable standards, the application shall be denied. c. Written Notice of Decision. The Director shall inform the applicant of the approval, conditions of approval or basis for denial in writing within five (5) working days of the date of decision. Notice of the Director's decision may also be provided to the Board of County Commissioners. d. Reconsideration of Director's Decision 1. Request by Applicant for Reconsideration of Decision. An applicant may request reconsideration of the Director's decision by the Board of County Commissioners. The aggrieved party may file a written request within ten ( l0) calendar days of the date of written notice of the decision by the Director. 2. Schedule Public Hearing. Public hearing by the Board of County Commissioners shall be held within forty-five (45) calendar days of the date of receipt of the request for reconsideration. 3. Notice b), Publication. At least thirty (30) calendar days prior to the date of the scheduled public hearing before the Board of County Commissioners, the agglieved party shall have published a notice of public hearing in a newspaper of general circulation in the area that the proposed land use change is located. 4. Decision by Board. The Board shall conduct a hearing. The Board shall uphold the Director's decision, modify the decision or reverse the decision, based upon compliance of the proposed Development Permit with the approval standards set Llr"t"llljllll lltllll fllilil]illiltilt til iltililt tilt703237 @7/3t/zoo6 sq,,i@e aia-i'6 Fiis r,t RLSDoRF14 of 20 R a.oo D o.oo GARFTEio'i6ururv co 6.08.03 6.08.03 6.09 6.09.01 . forth in Secrions 9.08.02 (l) and 9.09. Intemretation When interpretation is needed as to the exact location of the boundaries of designated floodplains, water surface elevations of the Flood or any other requirements of this Regulation, the Floodplain Administraror of the County shall make the necessary initial inteqpretation. The Flood elevation for the point or points in question shall be the governing factor in determining the actual boundaries. In making such interpretation the Floodplain Administrator shall obtain the elevations, in relation to mean sea level, of the Iowest floor. including basement, of each new or substantially improved structure in the Floodplain, provided by the applicant and based on information provided by an engineer or surveyor registered in the State of Colorado. The above data, together with information as to whether the structure contains a basement, whether the structure has been flood-proofed, and the elevation of the flood-proofing measures shall be maintained on record with the Floodplain Administrator. Mapping Disputes In deciding contested cases in which the location of a district boundary as mapped or fixed by the Floodplain Administrator is disputed, the persons contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the county Board of Adjustment in accordance with the procedures and requirements noted in Section 6.12. STANDARDS FOR CONSTRUCTION General Standards ln all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:(l) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilarion, plumbing, and air conditioning equipment and other service facilities that are designed and/or Iocated so as to prevent water from entering or accumulating within the components during conditions of flooding. (5) All new and replacement water supply sysrems shall be designed to minimize or eliminate infiltration of flood waters into the svstem: ',E+Il'#ilillUI|',','I',,4jl!!l$J,[[l!l!l'lH!r (6)New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7)On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (8)When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community; and, (e)Under the provisions of 44 CFR Chapter 1, Section 65' 12, of the National Flood Insurance Program regulations, a colrununity may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision). 6.09.02 Specific Standards ln all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 6.03, or 6.09.03, the following provisions are required: (1)Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to one (1) foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Admrnistrator that the standard of this subsection as proposed in, Section 6.08.02 (1), is satisfied. (2)Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards ofpractice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (3)Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, l[]ll lllll lllllll ill llllll lllllllll ill llllll lll lll 703237 @1/3t/2006 043eiP 8t826 P517 l',l RLSDoRF 16 of 20 R @.0@ D @.00 GRRFIELD COUNTY C0 building access or storage in an area other than a basement and which are subject flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b) The bottom of all openings shall be no higher than one foot above grade. c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes - a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. b) Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. c)Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) ofthis section be elevated so that either: I ) the lowest floor of the manufactured home is at or above the base flood elevation, or 2) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and ililil| lllll lllllll llllllllll lll llllllt-ll lllltllll llll To:rlC{ w:tittzso{ ac:3@P 81826 Ps18 l'l RLSDoRF it-;i zo R o.o@ D 0.0@ GRRFIELD couNTY c0 lateral movement. Recreational Vehicles - Zones A1-30, AH, and Require that recreational vehicles placed on sites within AE on the community's FIRM either: a) be on the site for fewer than 180 consecutive days, b) be fully licensed and ready for highway use, or c) meet the permit requirements of Article 4, Section C (1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no perrnanently attached additions. 6.09.03 Standards For Subdivision Proposals l. All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this resolution. 2. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of 6.08.02 and the provisions of 6.09 of this resolution. 3. Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this resolution. 4. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. 5. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. 6.09.04 Floodway Floodways - located within areas of special flood hazard established in Section 6.03.02, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: 1. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless tt has been demonstrated through hydrologic and hydraulic analyses performed in 5. llililt flilr ililt til illl] il ilffi ilt ilillt llt lllt 703237 O7/3t/2A@5 @4:3@P 81826 P519 t't ALSDORF 18 of 20 R O.O@ D 0.00 GRRFIELD C0UNTY CO accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 2. If Section 6.09.02 (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. 3. Under the provisions of 44 CFR Chapter 1, Section 65.72, of the National Flood lnsurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. 6.09.05 Standards For Areas Of Shallow Flooding Located within the areas of special flood hazard established in 6.03.02 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of I to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is charactenzed by ponding or sheet flow; therefore, the following provisions apply: 1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified). 2. All new construction and substantial improvements of non-residential structures; have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. 3. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in 6.08.02 (1) a., are satisfied. 4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed a) b) lmll lllll lllllll llllllllll lll llllu_lll lllllllll llll t'osiCi wtiltzoso s4,30P 81826 P52o n RLSDoRF is-;i zo R o.oo o o.oo GRRFTELD couNTY co 6.10 6.1 I 6.12 structures. DISCLAIMER OF LIABILITY The degree of flood protection required and intended to be provided by this Regulation is considered reasonable for the protection of life and property and is based upon engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes. This Regulation does not imply that areas outside the designated floodplains or land use permitted within such floodplains will be free from flooding or flood damages. This Regulation shall not create liability on the part of the County or any officer or employee thereof for any flood damages that result from reliance on this Regulation or any administrative decision lawfully made thereunder. NONCONFORMING USES Notwithstanding any other provisions of this Resolution to the contrary, the provisions of this Regulation shall not apply to or affect any fixed building or structure already lawfully in place or the terms or conditions of any lawful permit already granted at the time of the enactment of this Regulation, provided that, in the event of destruction or damage of over fifty percent (50vo) of such use or structure, the reconstruction or replacement of such building shall be considered a substantial improvement and be governed by the applicable provisions of this Regulation. Any manufactured home existing at the time of enactment of the Resolution that is substantially improved or an existing manufactured home park in place at the time of enactment of this Resolution shall meet the requirements set forth in Section 6.09. VARTANCE The appeal Board as established by the community shall hear and render judgement on requests for variances from the requirements of this ordinance. The Appeal Board shall hear and render judgement on an appeal only when it is alleged there is an elror in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. 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 ordinance. Variances may be issued for new construction and substantial improvements to 1. 2. J. 4. 5. 6. illllll lllll lllllll llll llllll lll!I|lu!=lllllllllll llll 1@;iii dirclizssi'6r.'is0P Btazs P521 11 RLSDoRF ;o-;i'za n- o.oo D o.oo GARFIELD couNTY c0 7. 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 the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives ofthis ordinance (Section 6.01). Vanances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. Prerequisites for grantin g variances : a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b) Variances shall only be issued upon: i. showing a good and sufficient cause; ii. a determination that failure to gmnt the variance would result in exceptional hardship to the applicant, and iii. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c) Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 1 1. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: a) the criteria outlined in Section 6.12 (l-9) are met, and b) the struclure or <lther clevelopment is protected b1, rnethods tlrat rninimize flood dzlnages during the base flood and create no additional threaLs to public safeS. 8. 9. 10.