(a)

The City Council finds that there are within the City numerous flood hazard areas which are subject to periodic inundation resulting in potential loss of life and property, danger to health and safety, disruption of commerce and government services, extraordinary public expenditure for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b)

The City Council finds that the drainageways and flood hazard areas of the City that are presently delineable are as shown on the flood hazard area map, copies of which are on file in the office of the City Clerk and City Engineer, and which is incorporated in this Article by this reference as the zone district map of the City.

(c)

It is the purpose of this Article to promote the public health, safety and welfare and to reduce the flood hazards described above. To this end, it is the intent of the City Council to:

(1)

Reduce the hazard of flood to life and property through:

a.

Prohibiting certain uses which are dangerous to life or property in time of flood;

b.

Restricting uses which would be hazardous to the public health in time of flood;

c.

Restricting uses which are particularly susceptible to flood damage, so as to alleviate hardship and reduce demands for public expenditures for relief and protection; and

d.

Requiring permitted floodplain uses, including public facilities which serve such uses, to be protected against floods by providing floodproofing and general flood protection at the time of initial construction.

(2)

Protect floodplain 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:

a.

Regulating the manner in which structures designed for human occupancy may be constructed so as to prevent danger to human life within such structures;

b.

Regulating the method of construction of water supply and sanitation systems so as to prevent disease, contamination and unsanitary conditions; and

c.

Delineating and describing areas that could be inundated by floods so as to protect individuals from purchasing floodplain lands for purposes which are not in fact suitable.

(3)

Protect the public from the burden of extraordinary financial expenditures for flood control and relief, by regulating all uses within the floodplain district 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.

(4)

Protect the storage capacity of floodplains and assure retention of sufficient floodway area to convey flood flows which can reasonably be expected to occur by:

a.

Regulating, filling, dumping, dredging and alteration of channels by deepening, widening or relocating;

b.

Prohibiting unnecessary encroachments; and

c.

Encouraging uses such as open space, parks, recreation and parking;

(5)

Protect the hydraulic characteristics of the small watercourses, including the gulches, sloughs and artificial water channels used for conveying floodwaters, which make up a portion of the urban major drainage system, by:

a.

Regulating, filling, dumping and channelization so as to maintain natural storage capacity and slow flow characteristics; and

b.

Prohibiting encroachment into the watercourses.

(d)

The provisions of this Article are intended to be in addition to the other terms of this Chapter. Nothing contained in this Article is intended to authorize the use of land or buildings in any zone district of the City except in compliance with all other provisions of this Chapter, and establishment of flood hazards areas is not intended to alter the boundaries of any zone district or to remove land or buildings in flood hazard areas from the zone districts in which such land or buildings are located.

(Prior code 23-391)

The jurisdiction of this Article includes all lands adjacent to and within any special flood hazard area as defined in Section 16-23-60 of this Article and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F).

(Prior code 23-392; Ord. 02-14 §1, 2014)

In their interpretation and application, the provisions of this Article shall be held to be minimum requirements, shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers of the City granted by state law.

(Prior code 23-393)

The degree of flood protection intended to be provided by this Article 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 heights may be increased by humanmade or natural causes. This Article does not imply that areas outside floodplain zoning district boundaries or land uses permitted within such districts will always be totally free from flooding or flood damages. Nor shall this Article create a liability on the part of or a cause of action against the City or any officer or employee thereof for any flood damages that may result from reliance on this Article.

(Prior code 23-394; Ord. 2025-02 §1, 2025)

The location, boundaries and flood profile of the flood areas established by this Article are as shown upon the "Flood Insurance Study for Jefferson County, Colorado and Incorporated Areas," dated August 2, 2022, with accompanying Flood Insurance Rate Maps (FIRMs) and any revisions thereto, which is incorporated into this Article. Said map, together with everything shown thereon and all amendments thereto, shall be as much a part of this Article as if fully set forth and described in this Article. Each change in the official map shall be subject to the amendment procedure as required in this Article. For the purposes of final determination of the floodplain limits, the flood profile shall control.

(Prior code 23-395; Ord. 02-14 §2, 2014; Ord. 2022-09 §3, 2022)

The following definitions shall apply to terms used in this Article:

Base flood elevation (BFE) means the elevation as shown on the FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE that indicates the water surface elevation resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year.

Basement means any area of a building having its floor sub-grade (below ground level) on all sides.

Channel means that portion of a watercourse with a perceptibly defined bed and banks which confines and continuously or sporadically conducts a flow of water. Channelflow is that water which is flowing within the limits of the defined channel.

City Engineer means the person responsible for administration and enforcement of this Article, who is also designated as the Zoning Administrator.

Conditional letter of map revision (CLOMR) means FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

Conditional use permit means a permit issues in accordance with Section 16-23-160 of this Article to conduct a particular use within a flood hazard area. A conditional use permit issued under this Article is distinct from and in addition to any other conditional use permit that may be required to conduct a particular use in a particular location under any other provision of this Chapter.

Critical facility means a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that, if flooded, may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. Critical facilities are classified under the following categories: essential services, hazardous materials, at-risk populations and vital to restoring normal services.

Development means any humanmade change to real estate or property, including, but not limited to, buildings or structures, mining, dredging, filling, cutting, grading, paving, excavation or drilling, or storage of equipment or materials.

Drainway means a natural or artificial land depression with or without perceptible bed and banks, to which surface runoff gravitates to form a continuous or intermittent flow of water in a definite direction.

Encroachment lines are limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines are established by assuming that the area beyond the encroachment lines may ultimately be developed in such a way that it will not be available to convey flood flows. An equal degree of encroachment is established by considering the effect of encroachments on the hydraulic efficiency of the floodplain along either side thereof, and of a significant width of the stream.

Fill means a deposit of materials of any kind by other than natural means.

Flood means water from a river, stream, watercourse, lake or other body of standing water which temporarily overflows or inundates adjacent lands and which may affect other lands and activities through stage elevation, backwater and/or increased groundwater level.

Flood hazard area means an area which would be inundated by water during a one-hundred-year-frequency flood under conditions of complete development of the City and surrounding areas, according to acceptable engineering studies, determinations and standards, and/or the Master Plans of the City and such surrounding areas.

Flood hazard area map means the map incorporated by Section 16-23-50 of this Article delineating drainageways and flood hazard areas of the City.

Flood Insurance Rate Map means that part of the flood hazard area map on which the Federal Insurance Administration has designated areas of special flood hazards and the risk premium zones applicable to the City, including any amendments thereto.

Flood insurance study means the report of the Federal Insurance Administration, including flood profiles, the flood boundary floodway map and the water surface elevations of a one-hundred-year-frequency flood and used as one (1) basis for preparation of the flood hazard area map.

Flood profile means a graph or longitudinal profile showing the relationship of the water surface elevation of a flood event to locations along a stream, river, watercourse, drainway or channel.

Floodproof means constructed so as to be able to withstand the flood depths, pressures, water velocities, impact and uplift forces associated with a one-hundred-year-frequency flood.

Floodproofing means a combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in a flood hazard area.

Floodway or regulatory floodway means the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The statewide standard for the designated height to be used for all newly studied reaches shall be one-half (½) foot (six [6] inches). Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.

Flow line means a line on the flood hazard area map delineating a watercourse for which encroachment lines have not been established or determined.

Historic structure means any structure that is:

a.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

b.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

c.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

d.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1.

By an approved state program as determined by the Secretary of the Interior, or

2.

Directly by the Secretary of the Interior in states without approved programs.

High hazard area means that portion of a flood hazard area in which water flows at a velocity exceeding three (3) feet per second or the water surface profile would not be increased more than one-half (½) foot if there is an equal degree of encroachment extending for a length of three hundred (300) feet on each side of the watercourse. The limits of the encroachment are defined by encroachment lines. For the purpose of delineating the line between high hazard areas and low hazard areas, reference is made to the engineering study commissioned by the Urban Drainage District entitled "Flood Hazard Area Delineation, Sloan's Lake Basin." Copies of the study are on file in the offices of the City Engineer and the City Clerk, and are incorporated into this Article. Particular reference to the definition, description and use of the term floodway within the study shall be made for the purpose of delineation of the high and low hazard area lines in the City. Particular reference shall also be made to Table C-1 within the Sloan's Lake Basin study for delineation of the high hazard and low hazard area lines.

Low hazard area means the portion of a flood hazard area which is not within a high hazard area.

Lowest floor means the lowest floor, including the basement of a structure.

Manufactured home means a habitable structure which is transportable in one (1) or more sections, built on a permanent chassis and which is designed for use with or without a permanent foundation when connected to appropriate utilities.

New construction means structures for which a building permit is issued after the effective date of the ordinance codified herein.

Obstruction means any dam, wall, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, fence, stockpile, refuse, fill, structure, plantings or matter in, along, across or projecting into any drainway, channel or watercourse, which might impede, retard or change the direction of a flow of water, either by itself or by catching or collecting debris carried by such water, or which is placed where a one-hundred-year-frequency flood flow might carry the debris downstream to the danger and injury of life and property.

One-hundred-year-frequency flood means a flood of such magnitude that flows of equal or greater magnitude may reasonably be expected to occur once every one hundred (100) years or of which there is a one-percent probability of occurrence in any given year.

Recreational vehicle means a vehicle which is:

a.

Built on a single chassis;

b.

Four hundred (400) square feet or less when measured at the greatest horizontal projections;

c.

Designed to be self-propelled or permanently towable by a light duty truck; and

d.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Regulatory flood protection elevation means an elevation one (1) foot above the water surface elevation which would occur in a one-hundred-year-frequency flood.

Special flood hazard area means the land in the floodplain within a community that is subject to a one-percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.

Structure means anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, including, but not limited to, fences, walls, buildings, dams, earthworks including excavations, but not including, by way of illustration only, utility systems, cables, poles, lines, pavements, walks, driveways or other such construction which has no practical adverse effect upon the flow of water.

Substantial improvement means any development of a structure, the cost of which equals or exceeds either fifty percent (50%) of the market value of the structure before the development is started or, if the development is undertaken for repair of damage caused by accident or acts of nature, fifty percent (50%) of the market value of the structure before the damage occurred. Determination of the market value shall be made by reference to comparative real estate sales and construction costs prevailing in the Denver metropolitan area.

Watercourse means a river, creek, gulch, stream or similar conduit, or a tributary of such a conduit, with or without perceptible bed or banks, in which flows of water occur on either a sporadic or continuous basis, including major drainageways for carrying urban storm runoff.

Zoning Administrator. See City Engineer.

(Prior code 23-396; Ord. 02-14 §3, 2014; Ord. 10-14 §5, 2014; Ord. 2025-02 §1, 2025)

(a)

The City Council may amend by motion the flood hazard area map from time to time as may be necessary or appropriate to reflect changes of circumstances or new or additional information submitted to the City Council, and in general compliance with the provisions of Sections 16-25-10 through 16-25-70, except as provided in this Article. Such amendments shall become effective upon the filing thereof in the offices of the City Clerk and the City Engineer. Amendments to the flood hazard area map shall be based on such information as the City Engineer deems suitable in their professional judgment, and as presented to the City Council.

(b)

Any person requesting changes or who is contesting changes to the flood hazard area map shall be given a reasonable opportunity to present their case to the City Council and to submit their own technical evidence if they so desires. The City Council shall not allow deviations from the boundary lines as mapped unless the evidence clearly and conclusively establishes that the mapped location of the line is incorrect.

(Prior code 23-397; Ord. 2025-02 §1, 2025)

Notwithstanding any other provisions hereof, no new development within a flood hazard area shall be allowed, nor shall any building or conditional use permit be issued for any use which would:

(1)

Cause any obstruction which would adversely and substantially affect the efficiency or capacity of any drainway or watercourse;

(2)

Cause an increase of more than one-half (½) of a foot in the flood profile elevation in any flood hazard area;

(3)

Result in storage or processing of flammable, explosive or otherwise potentially injurious materials to human, animal or plant life and/or property within a flood hazard area, except that this storage prohibition shall not apply to small items or materials usually used for domestic or household purposes; or

(4)

Result in the construction within a flood hazard area of any structure except those structures which are:

a.

Designed to prevent flotation, collapse or lateral movement;

b.

Which employ materials and utility equipment resistant to flood damage; and

c.

Which employ methods of construction which reduce the danger of flood damage.

(Prior code 23-398)

Nonresidential structures which require floodproofing must conform to the following minimum floodproofing measures verified by a plan or document certified by a registered professional engineer:

(1)

Anchorage to resist flotation and lateral movement.

(2)

Installation of watertight doors, bulkheads and shutters in the portion of the structure below the regulatory flood protection elevation.

(3)

Reinforcement of walls to resist water pressures.

(4)

Use of paints, membranes or mortars to reduce seepage of water through those portions of the walls below the regulatory flood protection elevation.

(5)

Addition of mass or weight to structures to resist flotation.

(6)

Installation of pumps to lower water levels in structures.

(7)

Construction of water supply and waste collection and treatment systems to prevent the entrance of floodwaters.

(8)

Pumping facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures.

(9)

Construction to resist rupture or collapse caused by water pressure or floating debris.

(10)

Cutoff valves on sewer lines or the elimination of gravity flow basement drains.

(11)

Measures that must be taken which, based upon acceptable engineering standards, ensure that the construction does not cause the one-hundred-year-frequency flood to become more damaging.

(Prior code 23-399)

No person shall use land in a flood hazard area except for the following:

(1)

Uses for which conditional use permits are not required:

a.

Farming, outdoor plant nurseries and wild crop harvesting, but not including the planting and growing of nursery stock, whether temporary or permanent in rows, clumps, clusters or in any manner that will restrict the passage of water as set forth in Section 16-23-80 above;

b.

Private and public recreation uses which do not require structures; and

c.

Open area uses within residential districts, such as, by way of illustration only, open space, parks and gardens, which do not require structures or plants that will restrict the passage of water as provided in Section 16-23-80 above.

(2)

Any of the following uses, provided that a conditional use permit has first been obtained pursuant to Section 16-23-160 of this Article:

a.

Extraction of sand, gravel and other similar materials.

b.

Circuses, carnivals and similar transient amusement activities.

c.

Roadside stands and signs.

d.

Storage yards for machinery or materials.

e.

Parking lots accessory to permitted uses, provided that a warning of potential flood hazard is posted at all times in any parking lot in which flood depths over one-half (½) foot or flood velocities exceeding three (3) feet per second would occur in a one-hundred-year-frequency flood.

f.

The structural addition or enlargement of any nonconforming structure subject to the provisions of Section 16-23-80 of this Article, and subject to the following:

1.

No such use shall be expanded or enlarged into the flood hazard area except in conformity with the provisions of this Article;

2.

Such structures shall be located in relationship to existing structures so as to have no effect upon or obstruction of the flow of water pursuant to its actual or projected route of flow;

3.

If such nonconforming use is discontinued as provided in Article 18, any future use of the building and premises shall conform to this Article;

4.

Any uses or adjuncts thereof which are nuisances as prescribed by City or state law shall not be permitted to continue as nonconforming uses; and

5.

Any alteration or repair to any nonconforming nonresidential structure shall be protected by floodproofing measures as contained in this Article.

g.

Railroads, streets, bridges, utility lines and facilities, flood control and drainage structures; provided that such uses are designed to cause minimal increases in flood elevation and that such facilities whose failure or interruption would disrupt or endanger the public health, safety or welfare are protected to the regulatory flood protection elevation; and provided further that the use has first been approved in writing by the City Engineer.

h.

Water distribution and sewage collection facilities and ancillary facilities, including wells and septic tanks; provided that such facilities are designed to employ the best available technology to minimize or prevent infiltration of the facility by floodwaters; and provided further that the use has first been approved in writing by the City Engineer.

i.

Water and sewage treatment facilities and solid waste disposal facilities; provided that such facilities are designed to employ the best available technology to minimize or eliminate infiltration of the facility by floodwaters and infiltration of floodwaters by discharge from the facility; provided further that, in the case of new construction, addition to or modification of existing facilities, emergency plans for action in time of flood, including measures to prevent introduction of any pollutant or toxic material into floodwaters, have been prepared, filed with and approved by any local, state and federal agencies with jurisdiction over such facilities; and provided further that the proposed facility has first been approved in writing by the City Engineer.

(3)

Any of the following, provided that a conditional use permit has first been obtained pursuant to Section 16-23-160 of this Article, and provided further that the use is located in a low hazard area or an area that has been removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F):

a.

Dwellings or any substantial improvements or additions thereto, including manufactured homes, provided that the lowest floor is located at or above the regulatory flood protection elevation and provided that the manufactured home is securely anchored to an adequately anchored foundation system in order to resist flotation, collapse and lateral movement.

b.

Commercial, manufacturing, industrial, detached buildings accessory to residential buildings and other similar structures or any substantial improvements or additions thereto, provided that:

1.

The lowest floor is located at an elevation equal to or above the regulatory flood protection elevation; or

2.

The structure is floodproofed to an elevation equal to or above the regulatory flood protection elevation and special circumstances exist which, in the opinion of the Zoning Administrator, make compliance with Subparagraph b.1. above impractical.

c.

Alteration, addition or repairs to an existing structure that changes its structural integrity, but is less in extent than substantial improvement, shall be protected, where possible, by floodproofing measures.

d.

Earthfills or deposits of soil materials may be permitted, provided that such fills or deposits are adequately protected against erosion by the use of riprap, vegetative cover or other suitable means.

e.

Recreational vehicles, provided that the vehicle:

1.

Be on the site for fewer than one hundred eighty (180) consecutive days;

2.

Be fully licensed and ready for highway use; or

3.

Meet the requirements of this Article and the elevation and anchoring requirements for manufactured homes set forth in this Section.

f.

New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to 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 Colorado professional engineer or architect, or meet or exceed the following minimum criteria:

1.

A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided;

2.

The bottom of all openings shall be no higher than one (1) foot above grade; and

3.

Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

g.

All new and substantially improved critical facilities and new additions to critical facilities, provided that protection includes one (1) of the following:

1.

Location outside the special flood hazard area; or

2.

Elevation of the lowest floor or floodproofing of the structure, together with attendant utility and sanitary facilities, to at least two (2) feet above the base flood elevation.

h.

Other uses similar in nature to permitted uses may be allowed, provided that they are consistent with the provisions of this regulation.

(Prior code 23-400; Ord. 02-14 §4, 2014)

The following uses are specifically prohibited in the high hazard area:

(1)

The storage or processing of materials that in time of flooding are buoyant, flammable, explosive or otherwise potentially injurious to human, animal or plant life and/or property; however, these storage prohibitions shall not apply to small items or materials usually used for domestic and household purposes, if applicable.

(2)

The dumping, storage or disposal of garbage or other solid waste materials, except such small items necessarily related to domestic and household uses, if applicable.

(3)

Buildings and structures for human occupancy, being either fixed or mobile.

(4)

Storage or processing of solid debris that is capable of being carried downstream by floodwaters.

(5)

Any encroachment, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway, unless it has been demonstrated through hydrologic or hydraulic analyses performed by a licensed Colorado professional engineer and in accordance with standard engineering practice that the proposed encroachment would not result in any increase (requires a no-rise certification) in flood levels within the community during the occurrence of the base flood discharge.

(Prior code 23-401; Ord. 02-14 §5, 2014)

In circumstances of undue hardship to the property owner, such as the substantial destruction of a structure, upon presentation to the City Council of such significant and undue hardship, the property owner may be granted the right to repair the structure in compliance with the provisions of this Article. The City Council shall determine what constitutes significant and undue hardship within the context of the purpose and intent of this Article. Such determination shall be final.

(Prior code 23-402)

(a)

The Zoning Administrator may withhold issuance of a building permit whenever they is aware that the proposed construction would result in violation of provisions of this Article and applicable local and state laws and/or regulations, other City ordinances and/or regulations, or federal laws and/or regulations. The Zoning Administrator shall permit local, state and federal enforcement officials to examine their records at mutually convenient times. The Zoning Administrator may suspend or revoke any building permit or certificate of occupancy whenever such officials provide them with information which establishes probable cause that the construction or use would violate any provisions of this Article and local, state or federal laws or regulations. A building permit or certificate of occupancy which is suspended under this Article shall not be reinstated or reissued until the Zoning Administrator is reasonably satisfied that no violation exists or will exist.

(b)

The Zoning Administrator shall, from time to time, notify the Colorado Water Conservation Board, the Federal Insurance Administration and any affected adjacent communities of alterations or relocations of any watercourse which result from permitted development when, in the opinion of the Zoning Administrator, the alterations or relocations are substantial. The Zoning Administrator may withhold issuance of any building permit or certificate of occupancy whenever they deems it in the public interest to consult with other local, state or federal officials prior to issuance of such permit or certificate.

(Prior code 23-403; Ord. 2025-02 §1, 2025)

Prior to the issuance of a certificate of occupancy for any conditional use permitted by the Board of Adjustment, a land surveyor registered in the State or an engineer registered in the State shall certify to the Zoning Administrator the elevation of the lowest floor of the structure and/or the elevation of other floodproofing, if such floodproofing is a condition of the permit. The elevation shall be accurate to one-tenth ( ¹ /10) foot and shall be based upon mean sea level datum bench marks established by the City.

(Prior code 23-404)

Appeals of any decision or interpretation of this Article shall follow the procedure in Article 24. The Zoning Administrator may appeal a decision of the Board of Adjustment to the City Council for final determination upon the allegation that the Board of Adjustment has failed to adhere to the intent, objectives, purposes, or provisions of this Article. The burden of proof shall be on the Zoning Administrator.

(Prior code 23-405)

(a)

The Zoning Administrator shall issue a conditional use permit for any use for which said permit is required only upon approval of the permit by the Board of Adjustment.

(b)

The applicant for a conditional use permit shall have the burden of proving all facts and conditions precedent to issuance of such a permit.

(c)

The Board of Adjustment shall, as a continuing condition of any permitted use, require that safeguards such as floodproofing, reasonable drainway improvements and dedication of rights-of-way or easements, if the latter requirement of said dedications is applicable, be effected to reduce flood hazards.

(d)

No conditional use permit or variance from the use regulations of this Section shall be approved in violation of the provisions of Sections 16-23-80 through 16-23-120.

(e)

An application for a conditional use permit under this Article shall be accompanied by an application fee in the amount set forth in the City's Fee Schedule as adopted by the City Council from time to time.

(Prior code 23-406; Ord. 15-10 §5, 2010; Ord. 10-14 §6, 2014; Ord. 2022-09 §4, 2022)

The Board of Adjustment shall not approve any conditional use permit or reverse or alter any decision of the Zoning Administrator relating to the use of specific property in a flood hazard area unless and until it has taken evidence of and considered the following:

(1)

The probability that materials would be swept onto other properties to the injury of persons or property in time of flood.

(2)

The susceptibility of the proposed use to flood damage.

(3)

The importance of the proposed use to the community.

(4)

The availability of safer and practical alternative locations for the proposed use.

(5)

The compatibility of the proposed use with the Master Plan and any applicable floodplain management program.

(6)

The access to the property in time of flood for ordinary and emergency vehicles.

(7)

The height, velocity, duration, rate of rise and debris transport capability of the floodwaters which would occur at the site in times of flood.

(8)

The cost of providing governmental services to the property during and after a flood, including maintenance and the repair of public utilities and facilities such as sanitary sewer, gas, electrical and water utilities, and streets and bridges.

(9)

Any other relevant evidence submitted by the Zoning Administrator, the person requesting a permit, any appellant or other party at interest.

(10)

The determination of the Board of Adjustment shall be based on the effects of the proposed project with respect to the objectives and purpose of this Chapter as stated herein.

(Prior code 23-407)

In addition to those duties stated in Article 2 of this Chapter, the Zoning Administrator shall:

(1)

Review, investigate and report to the Board of Adjustment on any application for a conditional use permit in a flood hazard area or any appeal taken under this Article to the Board of Adjustment.

(2)

Maintain records of the elevation of all new construction above the regulatory flood protection elevation, including any required certification by developers, surveyors, engineers or architects that new construction conforms to the requirements of this Article and other applicable local, state and federal laws.

(3)

Review floodplain development permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

(4)

Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334) from which prior approval is required.

(5)

Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this Article, including proper elevation of the structure.

(6)

Where interpretation is needed as to the exact location of the boundaries of the special flood hazard area (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Zoning Administrator shall make the necessary interpretation.

(7)

When base flood elevation data has not been provided, the Zoning 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 this Article.

(8)

Notify, in riverine situations, adjacent communities and the state coordinating agency, which is the Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.

(9)

Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

(Prior code 23-408; Ord. 02-14 §6, 2014)