General provisions.
(a)
Lands to which this article applies. This article shall apply to all special flood hazard areas and areas removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F) within the jurisdiction of the city.
(b)
Basis for establishing the special flood hazard area. The special flood hazard areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Arapahoe County Colorado and Incorporated Areas," dated April 11, 2024, with accompanying flood insurance rate maps and/or flood boundary-floodway maps (FIRM and/or FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this article. These special flood hazard areas identified by the FIS and attendant mapping are the minimum area of applicability of this article and may be supplemented by studies designated and approved by the city council of the City of Sheridan. The floodplain administrator shall keep a copy of the flood insurance study (FIS), DFIRMs, FIRMs and/or FBFMs on file and available for public inspection.
(c)
Establishing of floodplain development permit. A floodplain development permit shall be required to ensure conformance with the provisions of this article.
(d)
Compliance. No structure or land shall hereafter be located, altered, or have its use changed within the special flood hazard area without full compliance with the terms of this article and other applicable regulations. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation. These regulations meet the minimum requirements as set forth by the Colorado Water Conservation Board and the National Flood Insurance Program.
(e)
Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, nor deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(f)
Interpretation. In the interpretation and application of this article, all provisions shall be:
(1)
Considered as minimum requirements;
(2)
Liberally construed in favor of the governing body; and
(3)
Deemed neither to limit nor repeal any other powers granted under state statutes.
(g)
Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes.
This article does not imply that land outside the special flood hazard area or uses permitted within such areas will be free from flooding or flood damage. This article shall not create liability on the part of the city or any official or employee thereof for any flood damages that result from reliance on this article, or any administrative decision lawfully made thereunder.
(Ord. No. 3-2024, § 1, 4-22-2024)
General provisions.
(a)
Lands to which this article applies. This article shall apply to all special flood hazard areas and areas removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F) within the jurisdiction of the city.
(b)
Basis for establishing the special flood hazard area. The special flood hazard areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Arapahoe County Colorado and Incorporated Areas," dated April 11, 2024, with accompanying flood insurance rate maps and/or flood boundary-floodway maps (FIRM and/or FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this article. These special flood hazard areas identified by the FIS and attendant mapping are the minimum area of applicability of this article and may be supplemented by studies designated and approved by the city council of the City of Sheridan. The floodplain administrator shall keep a copy of the flood insurance study (FIS), DFIRMs, FIRMs and/or FBFMs on file and available for public inspection.
(c)
Establishing of floodplain development permit. A floodplain development permit shall be required to ensure conformance with the provisions of this article.
(d)
Compliance. No structure or land shall hereafter be located, altered, or have its use changed within the special flood hazard area without full compliance with the terms of this article and other applicable regulations. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation. These regulations meet the minimum requirements as set forth by the Colorado Water Conservation Board and the National Flood Insurance Program.
(e)
Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, nor deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(f)
Interpretation. In the interpretation and application of this article, all provisions shall be:
(1)
Considered as minimum requirements;
(2)
Liberally construed in favor of the governing body; and
(3)
Deemed neither to limit nor repeal any other powers granted under state statutes.
(g)
Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes.
This article does not imply that land outside the special flood hazard area or uses permitted within such areas will be free from flooding or flood damage. This article shall not create liability on the part of the city or any official or employee thereof for any flood damages that result from reliance on this article, or any administrative decision lawfully made thereunder.
(Ord. No. 3-2024, § 1, 4-22-2024)