A.

Statutory authorization. The Legislature of the State of Colorado has in C.R.S. § 31-23-301, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of Wheat Ridge, Colorado, acting pursuant to its powers and authorities granted and reserved in Title 29 of the Colorado Revised Statutes under Article 20 of the Constitution of the State of Colorado and the Home Rule Charter adopted thereunder, does hereby ordain following as its floodplain zoning provisions.

B.

Findings of fact. The city council hereby finds that:

1.

The flood hazard areas of Wheat Ridge are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

2.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and/or velocities and when inadequately anchored damage uses in other areas. Flood losses are also caused by uses that are inadequately floodproofed, inadequately elevated or otherwise protected from flood damage.

C.

Public objectives to be achieved. The city council hereby finds it in the public interest, and in the furtherance of the public health, safety and welfare, that the following objectives be fulfilled:

1.

To promote the public health, safety and general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of the special flood hazard area by:

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 so particularly susceptible to flood damage, so as to alleviate hardship and reduce demands for public expenditures for relief and protection.

d.

Restricting permitted special flood hazard area 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.

To protect occupants of the special flood hazard area 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.

c.

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

d.

Ensuring that potential buyers are notified that property is in an area of special flood hazard.

e.

Ensuring that those who occupy the areas of special flood hazards assume responsibility for their actions.

3.

To protect the public from the burden of extraordinary financial expenditures for flood control and relief.

a.

Regulating all uses within the special flood hazard area 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.

b.

Minimizing the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public.

c.

Minimizing prolonged business interruptions.

d.

Minimizing damage to public facilities and utilities, such as water and gas mains; electric, telephone and sewer lines; streets and bridges located in areas of special flood hazard.

e.

Helping maintain a stable tax base by providing for sound use and development of areas of special flood hazard so as to minimize future flood-blight areas.

f.

Participating in the National Flood Insurance Program to assist property owners in obtaining adequate insurance coverage.

4.

To protect the hydraulic characteristics and storage capacity of the special flood hazard area and small watercourses, including the gulches, sloughs, and artificial water channels, used for conveying floodwaters so as to promote 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, so as to maintain natural storage capacity and slow flow characteristics.

b.

Prohibiting unnecessary encroachments.

c.

Encouraging uses such as agriculture, open space, recreation, greenbelt, trails, and intermittent parking.

d.

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

e.

Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.

f.

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

(Ord. No. 1544, § 1, 1-13-14)