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Wheat Ridge City Zoning Code

Sec. 26-802

Definitions.

Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage, so as to be consistent with the definition given the term in other portions of this zoning code, and to give these regulations their most reasonable application.

100-year flood. A flood that has a statistical frequency of occurring once in one hundred (100) years. This is determined from an analysis of floods on a particular watercourse and other watercourses in the same general region. It has about a one (1) percent chance of being equaled or exceeded during any given year.

100-year floodplain. The area of land susceptible to being inundated as a result of the occurrence of a 100-year flood.

Appeal. A request for a review by the board of adjustment of any interpretation made by the floodplain administrator (or his representative) of any provision of these regulations.

Area of shallow flooding. A designated AO or AH zone on the current digital flood insurance rate map (DFIRM) with a one (1) percent chance or greater annual chance of flooding. The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may or may not be evident. Such flooding is characterized by ponding or sheet flow.

Base flood. The flood having a one (1) percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE). The elevation shown on the current DFIRM for various A zones that indicates the water surface elevation resulting from a flood that has a one (1) percent chance of equaling or exceeding that level in any given year.

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

BCAB. The Wheat Ridge Building Code Advisory Board, as established and defined by section 2-59 of this Code.

Channel. That area of a watercourse where water normally flows.

Crawl space. An unfinished, enclosed area beneath a habitable floor or a building that is uninhabitable because of its shallow height of four (4) feet or less, but can be utilized for storage.

Critical facility. A structure or related infrastructure, but not the land on which it is situated, as specified in section 26-806, 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.

Development. Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials located within the special flood hazard area.

Digital flood insurance rate map (DFIRM). FEMA digital floodplain map. These digital maps serve as "regulatory floodplain maps" for insurance and floodplain management purposes.

Equal degree of encroachment. Established by considering the effect of encroachments on the hydraulic efficiency of the floodplain along a significant reach of the stream on both sides.

Elevated building. A non-basement building built to have the top of the elevated floor above the ground level by means of pilings, columns (posts and piers), shear walls parallel to the flow of the water, fill, or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.

FEMA. Federal emergency management agency, the agency responsible for administering the National Flood Insurance Program.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff or surface waters from any source including the overflow of water from channels and reservoir spillways.

Flood hazard area delineation (FHAD). The local flood maps that serve as the floodplain maps for floodplain management purposes when adopted as LFHA.

Flood insurance rate map (FIRM). The official map on which FEMA has delineated both the special flood hazards areas and the risk premium zones applicable to the community.

Flood insurance study. The official report provided by FEMA that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

Flood profile. A graph or longitudinal profile showing the relationship of the water surface elevation of a flood event to existing ground surface along a stream or river.

Flood protection elevation. An elevation one (1) foot above the base flood elevation.

Floodplain. Any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir.

Floodplain administrator. The community development director or designee who is assigned the responsibility to coordinate and deal with all aspects of these regulations.

Floodplain permit. A permit required before construction or development begins within any special flood hazard area (SFHA). Permits are required to ensure that proposed development projects meet the requirements of the NFIP and this section.

Floodplain variance. A grant of relief from the requirements of these regulations, when approved by the board of adjustments under section 26-808 D. when specific enforcement would result in unnecessary hardship, which permits construction in a manner that would otherwise be prohibited by these regulations.

Floodproofing. 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.

Floodway. The portion of the SFHA required for the reasonable passage or conveyance of the 100-year flood, which is characterized by hazardous and significant depths and velocities, without cumulatively increasing the water surface elevation more than a designated height. The current height to be used in the city is one (1) foot; however, the Colorado 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.

Local flood hazard area (LFHA). The land in the floodplain subject to a one (1) percent or greater chance of flooding in any given year that is adopted by the city but is not included in the DFIRM.

Lowest floor. The lowest enclosed area of a building including basement. However, a crawl space usable solely for storage is not considered a building's lowest floor; provided, that the crawl space is built in conformance with section 26-806.F.

Manufactured home. For the purposes of this section, a structure that is transportable in one (1) or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. This term also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.

Manufactured home park or subdivision. A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale.

Mean sea level. For purposes of the National Flood Insurance Program, the National American Vertical Datum (NAVD) of 1988 or other datum to which base flood elevations shown on the community's flood insurance rate map are referenced.

New construction. Structures for which the start of construction commences on or after the effective date of these regulations.

New manufactured home park or manufactured home subdivision. A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, final site grading, the construction of concrete pads, or the construction of streets) is completed on or after the effective date of these regulations.

Special flood hazard area (SFHA). The land in the floodplain subject to a one (1) percent or greater chance of flooding in any given year.

Start of construction. The date the building permit was issued for any improvement; provided, that the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, installation of streets and/or walkways; 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.

Structure. Anything constructed or erected, the use of which requires a more or less permanent location on or in the ground. Includes, but is not limited to, objects such as buildings, factories, sheds, cabins, manufactured housing, and fences. This term does not include signs, utility or light poles.

Substantial improvement. Any addition, repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the fair market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either:

1.

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assume safe living conditions; or

2.

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places at the effective date of these regulations.

Violation. The failure of a structure or other development to be fully compliant with these regulations.

Water surface elevation. The height above mean sea level of floods of various magnitudes and frequencies in the floodplain.

(Ord. No. 1544, § 1, 1-13-14; Ord. No. 1683, § 35, 1-27-20; Ord. No. 1716, § 5, 7-12-21; Ord. No. 1734, § 1, 5-23-22)