City Services || For Residents || For Visitors || For Business

0-2002-32

AN ORDINANCE

AMENDING ARTICLE 14 OF THE LAKEWOOD ZONING ORDINANCE RELATING TO FLOOD PLAIN MANAGEMENT

WHEREAS, in order to participate in the National Flood Insurance Program, the City of Lakewood has previously enacted and enforced the Flood Plain Management Ordinance which meets the minimum standards established by the Federal Emergency Management Agency; and

WHEREAS, the Federal Emergency Management Agency has amended its previously established standards relating to Flood Plain Management; and,

WHEREAS, it is necessary for Lakewood to amend its Flood Plain Management Ordinance to conform to new Federal Emergency Management Agency standards.

NOW, THEREFORE, BE IT ORDAINED By The City Council of The City of Lakewood, Colorado, That:

SECTION 1. Article 14 of the Lakewood Zoning Ordinance is hereby amended to read as follows:

ARTICLE 14: FLOOD PLAIN MANAGEMENT

17-14-1. TITLE. This Ordinance shall be known and may be cited as "Flood Plain Management Ordinance of Lakewood, Colorado.

17-14-2. PURPOSE. This Ordinance is enacted for the following purposes:

(1) To establish regulations to help minimize the extent of floods and the losses incurred in flood hazard areas.

(2) To promote the public health, safety and welfare.

17-14-3 LEGISLATIVE INTENT. The intention of this Article is:

(1) To permit only that development within the flood plain which is appropriate in light of the probability of flood damage.

(2) That the regulations in this Article shall apply to all property located in the flood plains, as indicated in the Official Flood Studies for the City of Lakewood, as adopted by this Article and filed with the City Clerk.

(3) That these regulations combine with and qualify with the Zoning Ordinance regulations.

(4) That any use not permitted by the primary zone shall not be permitted in the flood plain and any use as permitted by the primary zone shall be permitted in the flood plain only upon meeting conditions and any requirements as prescribed by this Article.

17-14-4 DEFINITIONS. As used within this Article, except where otherwise specifically defined, or unless the context otherwise requires, the following terms, phrases, words and their derivatives shall have the following meanings:

(1) Agency: The Federal Emergency Management Agency.

(2) Appurtenant Structure: A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

(3) Area of Shallow Flooding: Land designated as shallow, indeterminate flooding in the Official Flood Studies. No clearly defined channel exists and the path of flooding is unpredictable.

(4) Base Flood of 100-Year Flood: The flood having a one percent chance of occurrence in any given year.

(5) Base Flood Elevation (Flood Protection Elevation): The water surface elevation of the 100-year flood as indicated in the Official Flood Studies.

(6) Chief Executive Officer: The City Manager or his/her appointed designee.

(7) Development: For the purpose of Article 14 only, shall mean any manmade change to improved or unimproved real estate including but not limited to buildings, fences, or other structures, mining, dredging, filling, grading, paving or excavation operations.

(8) Equal Degree of Encroachment: A standard applied in determining the location of encroachment limits so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the flood plain along both sides of a stream for a significant reach.

(9) Existing Construction: Structures for which the "start of construction" commenced before the effective date of the Flood Plain Management Regulations adopted by Lakewood, Colorado, July 21, 1972.

(10) Existing Mobile Home Park or Mobile Home Subdivision: A manufactured home park for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) are completed before the effective date of Flood Plain Management Regulations adopted by Lakewood, Colorado, July 21, 1972.

(11) Expansion to an Existing Mobile Home Park or Mobile Home Subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).

(12) Flood Hazard Area: The area which would be inundated during the occurrence of the base flood or 100-year flood.

(13) Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

(14) Floodway Fringe District: The land located between the encroachment lines of the floodway and maximum elevation subject to inundation by the 100-year flood as defined herein.

(15) Flood Insurance Rate Map (FIRM): An official map of a community on which the Federal Emergency Management Agency has delineated both the flood hazard areas and the risk premium zones applicable to the community.

(16) Flood Plain Management Regulations: Subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading ordinance or erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

(17) Flood Plain: The area which would be inundated during the occurrence of the base flood or 100-year flood.

(18) Flood Plain Management: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and flood plain management regulations.

(19) Floodproofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

(20) Floodway: The channel of a gulch or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than six inches (6") at any point. This information is based upon the Urban Drainage and Flood Control District's criteria.

(21) Floodway Encroachment Lines: The lines marking the limits of floodways as tabulated in the Official Flood Studies.

(22) Grade: For the purpose of Article 14 only, shall mean the lowest finished ground level adjacent to a foundation wall.

(23) Lowest Floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of 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 elevation design requirements of this Ordinance.

(24) Mean Sea Level: The average height of the sea for all stages of the tide. Mean sea level shall be used as the elevation datum in Lakewood, Colorado, for purposes of these regulations and shall include the National Geodetic Vertical Datum (NGVD) of 1929 for purposes of the National Flood Insurance Program, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

(25) Manufactured Home: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

(26) Manufactured Home Park or Manufactured Home Subdivision: For the purpose of Article 14 only, shall mean a parcel or contiguous parcel(s) of land divided into two or more home lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is commenced on or after the effective date of the Flood Plain Management Regulations adopted by Lakewood, Colorado, July 21, 1972.

(27) New Construction: Structures for which the start of construction commenced on or after the effective date of the Flood Plain Management Regulations adopted by Lakewood, Colorado, July 21, 1972.

(28) Official Flood Hazard Map: A map delineating the 100-year Flood Hazard area.

(29) Official Flood Studies: Official studies adopted by the City of Lakewood to determine the location, size and elevation of the flood plain and floodway. The studies adopted are enumerated in Section 17-14-5.

(30) Person: Any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies.

(31) Reach: A hydraulic engineering term to describe longitudinal segments of a stream or river. In an urban area, an example of a reach would be the segment of a stream or gulch between two consecutive bridge crossings

(32) Recreational Vehicle: A vehicle, which is (a) built on a single chassis (b) 400 square feet or less when measured at the largest 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.

(33) Start of Construction: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, 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 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; nor does it include the installation of streets and/or walkways; nor does it include excavation for a 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.

(34) Structure: For the purpose of Article 14 only, shall mean a walled and roofed building, including gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

(35) Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (a) before the improvement or repair is started, or (b) 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 that 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 assure 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.

(36) Variance: A grant of relief by Lakewood, Colorado, from the terms of the Flood Plain Management Ordinance.

(37) Water Surface Elevation: The height in relation to Mean Sea Level reached by floods of various magnitudes and frequencies in flood plains.

(38) EXHIBIT A: For illustrative purposes, and in order to facilitate understanding the definitions and provisions of this Article, Exhibit A is attached hereto and is incorporated herein by reference.

17-14-5. ADOPTION OF FLOOD INSURANCE RATE MAP, OFFICIAL FLOOD STUDIES, AND OFFICIAL FLOOD HAZARD MAP. Lakewood, Colorado, hereby adopts the Flood Insurance Rate Map and the following studies and amendments thereto and all technical back-up information as the Official Flood Studies for Lakewood, Colorado. The flood plains indicated in these studies shall be shown on a single Official Flood Hazard Map which is hereby adopted by Lakewood, Colorado. A copy of said map, studies and amendments are on file in the City Clerk's office and available for public inspection.

(1) (a) Flood Hazard Area Delineation
Weir Gulch Tributaries
1st Avenue - Dakota Avenue July, 1977

(b) Major Drainageway Planning
Weir Gulch Tributaries
1st Avenue and Dakota Avenue
Depew Street Basin July, 1978
Portions of this study are superseded by (1)(t) below.

(c) Major Drainageway Planning
Sanderson Gulch/Weir Gulch
Volume 2, Drawings August, 1972
Portions of this study are superseded by (1)(d),(1)(e) and (1)(q) below.

(d) Weir Gulch
Drainage Improvements
Schedule III So. Garrison Street to
Main Reservoir January, 1977

(e) Flood Hazard Area Delineation
Sanderson Gulch &
North Sanderson Gulch August, 1979

(f) Flood Hazard Area Delineation
Lakewood Gulch February, 1979

(g) Flood Hazard Area Delineation
McIntyre Gulch October, 1977

(h) Flood Hazard Area Delineation
Sloans Lake Basin October, 1977

(I) Flood Hazard Area Delineation
Green Mountain Area April, 1978

(j) Flood Hazard Area Delineation
South Lakewood Gulch July, 1977

(k) Flood Hazard Area Delineation
Bear Creek December, 1979

(l) Lena Gulch
Master Drainage Plan
Volume Two June, 1975
Portions of this study are superseded by (1)(r) and (1)(s) below.

(m) Flood Hazard Area Delineation
Dry Gulch and Tributaries November, 1977

(n) Flood Hazard Area Delineation
Henry's Lake Drainageway July, 1983
Portions of this study are superseded by (1)(u) and (1)(v) below.

(o) Flood Hazard Area Delineation
Weaver Creek May, 1981

(p) Flood Hazard Area Delineation
Dutch Creek, Lilley Gulch,
Coon Creek and Three Lakes Tributary May, 1978.

(q) Major Drainageway Planning
Upper Weir Gulch
Phase B Preliminary Design Report December, 1993

(r) Flood Hazard Area Delineation
Upper Lena Gulch January, 1993

(s) Major Drainageway Planning
Upper Lena Gulch
Phase B Report March, 1994

(t) Flood Plain Revisions
Depew Street Basin December, 1998

(u) Outfall System Planning
Academy Park Tributary to Bear Creek July, 1999

(v) Outfall System Planning
Pinehurst Tributary to Bear Creek December, 1999

(w) Flood Insurance Study prepared for the Federal Insurance Administration by the United States Army Engineering District, Corps of Engineers, Omaha, Nebraska, 1971.

(2) The official flood studies listed as (a) through (v) above and any amendments to the 1971 Flood Insurance Study (w) are to be used in all cases for administration of this Article.

(3) No provision in this Article will be enforced based upon modified data reflecting natural or man-made physical changes without prior approval of the change in the documents by the City of Lakewood, the Urban Drainage and Flood Control District and the Federal Emergency Management Agency.

17-14-6. APPLICABILITY. This Article shall apply to all lands within Lakewood, Colorado, as indicated in the Official Flood Studies as being located within the 100-year flood plain.

17-14-7. RULES FOR DETERMINING THE EXACT LOCATION OF THE FLOOD PLAIN AND FLOODWAY. The boundaries of the flood plain and the floodway shall be determined from information presented in the Official Flood Studies. In the absence of other information, boundaries shall be determined by scaling distances on the map. Where interpretation is needed as to the exact location of the boundaries, the Chief Executive Officer shall make the necessary interpretation. In all cases, the level of the 100-year flood shall be the governing factor in locating the boundary on any property.

17-14-8. ESTABLISHMENT OF FLOOD PLAIN AND FLOODWAY. Lakewood hereby establishes flood plains and floodways whose boundaries are those of the designated 100-year Flood Plain and the designated floodway respectively, as shown or tabulated in the Official Flood Studies adopted in Section 17-14-5. The flood plain includes the floodway.

17-14-9. INTERPRETATION. In their interpretation and application, the provisions of this Article shall be held to be minimum requirements and shall not be deemed a limitation or repeal of any other powers granted by Colorado State Statutes.

17-14-10. DISCLAIMER OF LIABILITY. The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by man-made or natural causes, such as bridge openings restricted by debris. This Article does not imply that areas outside the flood plain will be free from flooding or flood damages. This article shall not create liability on the part of the City of Lakewood or any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this section or any administrative decision lawfully made there under.

17-14-11. FLOOD PLAIN REGULATIONS. Unless modified by other parts of this Ordinance, the following general Flood Plain Regulations shall be in force:

(1) (a) In areas of shallow indeterminate flooding, all new construction and substantial improvements of nonresidential and residential structures shall have the lowest floor, including basement, elevated to one foot (1') above the crown of the nearest street.

(b) As an alternative for nonresidential structures only, the structure, including utility and sanitary facilities, can be completely flood-proofed to the level mentioned above. The walls and basement floor shall be completely waterproofed and they shall be built to withstand lateral and uplift water pressure.

(2) (a) In flood plain areas in which the 100-year flood elevations are known, all new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated one foot (1') above the 100-year flood level as indicated in the Official Flood Studies.

(b) As an alternative for nonresidential structures only, the structure, including utility and sanitary facilities, can be completely flood-proofed one foot (1') above the level of the 100-year flood as indicated in the Official Flood Studies. The walls and basement floor shall be completely waterproofed and they shall be built to withstand lateral and uplift water pressure.

(3) When flood-proofing is used for nonresidential structures, a registered professional engineer or licensed architect shall certify that the flood-proofing methods are adequate to withstand the flood pressures, velocities, impact and uplift forces, and other factors caused by the 100-year flood. A record of this certification shall be maintained on file with the building permit by the Building Official. The elevation to which the structure is flood-proofed (based on sea level) shall be attached to the certification.

(4) All new individual manufactured homes, new manufactured home parks, expansions of existing mobile home parks, and mobile home parks where the repair, reconstruction or improvements of the streets, utilities and pads equal or exceed fifty (50) percent of their value before the repair, reconstruction or improvement was commenced, are to be placed or substantially improved and be elevated on a permanent foundation such that the lower floor of the manufactured home is one foot (1') above the 100-year flood elevations as indicated in the Official Flood Studies, provide adequate surface drainage, be securely anchored to an adequately anchored foundation system in accordance with this Ordinance, and access for a hauler be provided. When mobile homes are put on pilings, the lot must be large enough to have steps up to the mobile home. The pilings must be reinforced if they are more than six feet (6') high and they must be placed in stable soil on ten-foot (10') centers or less.

(5) Individual building permits shall be required for the placement of any manufactured homes anywhere in the flood plain.

(6) (a) All manufactured homes placed after the effective date of these regulations in the 100-year flood plain 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. There shall be top ties at each corner with one (1) mid-point tie on each side of manufactured homes shorter than fifty feet (50'). Longer manufactured homes shall have two (2) ties at intermediate points on each side.

(b) All parts of the anchoring system shall have a strength of 4,800 pounds. Additions to manufactured homes shall be anchored in the same way.

(7) Recreational Vehicles shall 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 and elevation and anchoring requirements for manufactured homes.

(8) All land development proposals shall follow the guidelines for drainage studies outlined in the Engineering Regulations, Construction Specifications, and Design Standards adopted by the City Council of Lakewood, Colorado.

(9) The City of Lakewood will review all proposed development in the flood plain to verify appropriate permits have been obtained and to ensure compliance with Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334.

(10) The City of Lakewood will:

(a) Require flood plain construction permits for all new development and other activities such as filling, paving and dredging in the flood plain.

(b) Require building permits for structures in the flood plain according to the adopted building code and this Article.

(c) Review all building permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood hazard area, all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall be:

1) 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) be constructed with materials and utility equipment resistant to flood damage,

(3) be constructed by methods and practices that minimize flood damage, and

(4) constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(d) Require every builder or developer to submit a statement from a registered land surveyor listing the lowest floor (including basement) of new and substantially improved structures.

(e) Require that for all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall:

(1) have the interior grade elevation that is below base flood elevation no lower than two feet below the lowest adjacent exterior grade,

(2) have the height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the foundation wall, not exceed four feet at any point,

(3) have an adequate drainage system that allows floodwaters to drain from the interior area of the crawlspace following a flood,

(4) be anchored to prevent flotation, collapse, or lateral movement of the structure and be capable of resisting the hydrostatic and hydrodynamic loads,

(5) be constructed with materials and utility equipment resistant to flood damage,

(6) be constructed using methods and practices that minimize flood damage,

(7) be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding, and

(8) 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 licensed architect or must meet or exceed the following minimum criteria:

(a) 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.

(b) The bottom of all openings shall be no higher than one foot above the exterior grade.

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

(f) Review subdivision proposals and other proposed new development (including proposals for manufactured home parks and subdivisions) to determine whether such proposals will be reasonably safe from flooding. The proposals shall include base flood level data submitted with subdivision proposals and other proposed developments greater than fifty (50) lots or five (5) acres whichever is less. If a subdivision proposal or other proposed new development is in a flood hazard area, any such proposals shall be reviewed to assure that:

(1) all such proposals are consistent with the need to minimize flood damage within the flood hazard area,

(2) all public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage, and

(3) adequate drainage is provided to reduce exposure to flood hazards.

(g) Require within flood hazard areas:

(1) new and replacement water supply systems to be designed to minimize or eliminate infiltration of flood waters into the systems,

(2) new and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters,

(3) on-site waste disposal systems to be located to avoid impairment to them or contamination from them during flooding, and

(4) cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than six inches (6") at any point.

17-14-12. FLOODWAY REGULATIONS.

(1) The Floodway delineates the channel of a gulch or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the base flood water surface elevation more than six inches (6") at any point. This information is based upon the Urban Drainage and Flood Control District's criteria.

There shall never be encroachment of fill, new construction, substantial improvements or any other development within or above the floodway unless a Special Use Permit has been issued under the conditions of Section 17-14-13.

(2) Permitted Uses in the Floodway: The following uses shall be permitted within the Floodway to the extent that they are otherwise permitted by the Zoning Ordinance.

(a) General farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife and related uses.

(b) Loading areas, parking areas and other similar uses provided they are no closer than ten feet (10') to the stream bank. Signs 18" x 24" shall be posted listing the depth of water in a base flood. Where interpretation is needed as to the exact location of the stream bank, the Chief Executive Officer shall make the interpretation.

(c) Lawns, gardens, play areas, bikeways, pedestrian pathways and other similar uses.

(d) Portions of golf courses, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space, and other similar private and public recreational uses not involving structures.

(e) Streets, railroads, overhead utility lines, creek and storm drainage facilities, sewage or waste treatment plant outlets, water supply intake structures and other similar public, community or utility uses.

(f) Boat docks, ramps, piers for publicly owned structures or similar structures.

(g) Dams, provided they are constructed in accordance with regulations of the Department of Public Works, and other federal and state agencies.

(3) Uses prohibited in or above the floodway.

(a) All fill, encroachments, new construction, any artificial obstruction, substantial improvements of existing structures or other development unless a Special Use Permit is obtained.

(b) Any portion of a new mobile home park, any expansion to an existing mobile home park, or any new mobile home not in an existing mobile home park.

17-14-13. SPECIAL USE PERMITS.

(1) Uses permitted by Special Use Permit in the floodway. The following uses may be permitted within a floodway upon approval of a Special Use Permit:

(a) Any use or accessory use employing a structure; however, no structure which is designed for human habitation shall ever be allowed under any conditions in or above the floodway.

(b) Open storage of any material or equipment.

(c) Parking, loading areas and other similar uses when located less than ten feet (10') from the stream bank. If a Special Use Permit is granted, 18" x 24" signs shall be posted listing depth of water in a base flood. Where interpretation is needed as to the exact location of the stream bank, the Chief Executive Officer shall make the interpretation.

(d) Other uses similar in nature to those listed in items (a) through (c) above.

(2) Uses listed in this Article as requiring a Special Use Permit may be established only after approval of the Planning Commission.

(3) Standards relating to Special Use Permits in the floodway.

(a) The base flood elevation (or flood protection elevation) is the water level for the 100-year flood assuming only that encroachment on the flood plain that existed when each Official Flood Study was adopted. Additional and complete encroachment to the floodway encroachment lines will cause the water level to surcharge six inches (6") described above, assuming future complete encroachment to the floodway lines will occur. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream.

(b) Maintaining an unobstructed floodway capable of carrying the 100-year flood without surcharging water levels more than six inches (6") at any point is an integral purpose of this Ordinance. As such, special conditions apply to floodway Special Use Permits as follows:

(1) Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount placed shall not be greater than necessary to achieve the purpose demonstrated on a plan submitted by the applicant. Any fill or other materials shall be protected against erosion by rip rap, a vegetative cover or bulkheading.

(2) Structures. Under no conditions shall structures in or above the floodway ever be designed for human habitation. Structures shall have a low flood damage potential and shall be constructed and located on the building site in a manner which minimizes obstruction of the flow of floodwaters. Whenever possible, structures shall be placed with the longitudinal axis of the building parallel to the direction of the floodflow and structures shall be placed approximately on the same floodflow line as other adjacent structures. All structures shall have the lowest floor, including basement, elevated one foot (1') above the level of the 100-year flood as indicated in the Official Flood Studies or together with attendant utility and sanitary facilities, shall be flood-proofed one foot (1') above the level of the 100-year flood as indicated in the Flood Studies. A registered professional engineer or licensed architect shall certify that the flood-proofing methods are adequate to withstand the flood pressures, velocities, impact and uplift forces and other factors caused by the 100-year flood.

(3) Any structure allowed by a Special Use Permit shall be firmly anchored to prevent flotation, collapse or a lateral movement of the structure which may result in damage to other structures, restrictions of bridge openings or restrictions of narrow sections of the stream or river.

(4) The storage or processing of materials that are buoyant, flammable, explosive or could be injurious to human, animal, or plant life during times of flooding is prohibited under all conditions; however, storage of other materials or equipment may be allowed if not subject to major damage by floods and if firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

(4) Application for Special Use Permit.

(a) Applications for Special Use Permits shall be filed within the Department of Community Planning and Development and considered by the Planning Commission. The procedure shall be as outlined in Article 6 of the Zoning Ordinance unless modified by this Section.

(b) The applicant shall submit forms together with four sets of plans drawn to scale, showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the channel, floodway and 100-year flood elevation as indicated in the Official Flood Studies. The applicant shall furnish such of the following additional information as is deemed necessary by the Department of Community Planning and Development for the evaluation of the effects of the proposed use upon flood flows:

(1) Typical valley cross-sections showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information.

(2) Plan view showing elevations or contours of the ground; pertinent structures, fill, or storage elevations; size, location and special arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream, soil types, flood plain and floodway boundaries, and other pertinent information.

(3) Profile showing the slope of the bottom of the existing channel, 100-year water surface profile, and proposed channel and water surface profile.

(4) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvements, storage of materials, water supply, and sanitary facilities.

(5) Additional information as may be required.

(5) In passing on an application for a Special Use Permit, the Planning Commission shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard. The application shall be submitted to the Urban Drainage and Flood Control District for review and a recommendation to the Planning Commission. In addition, the Planning Commission shall consider the following factors, although not limited to such factors.

(a) The probability that materials may be swept onto other lands or downstream to the injury of others.

(b) The danger to life and property due to flooding or erosion damage.

(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage to the individual owner.

(d) The importance of the services provided by the proposed facility to the community.

(e) The availability of alternative locations not subject to flooding for the proposed use.

(f) The compatibility of the proposed use with the existing and anticipated development.

(g) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

(h) The safety of access to the property in times of flood for ordinary and emergency vehicles.

(i) The expected heights, velocity, duration, rate of rise and sediment and debris transport of the floodwaters expected at the site.

(j) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets and bridges.

(k) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

17-14-14. PROCEDURES FOR MODIFYING THE OFFICIAL FLOOD STUDIES, THE FLOOD INSURANCE RATE MAP, AND THE OFFICIAL FLOOD HAZARD MAP.

(1) The100-year flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. Before completion or occupancy of a development or within six months of the date that such information becomes available, whichever is sooner, notification shall be made to the Federal Emergency Management Agency by submitting technical or scientific data indicating that the Official Flood Studies, the Flood Insurance Rate Map, and the Official Flood Hazard Map do not accurately reflect flood risks as they currently exist. Delineation of new flood plain boundaries and floodways is required and shall be found acceptable by the Federal Emergency Management Agency, the Urban Drainage and Flood Control District and the City of Lakewood before completion or occupancy of a development.

(2) The City of Lakewood shall notify adjacent communities, the Urban Drainage and Flood Control District, and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse. Evidence of such notification shall be sent to the Federal Emergency Management Agency. This notice will certify that the flood carrying capacity within the altered or relocated portion of the watercourse has been maintained.

(3) Following these submissions, the Federal Emergency Management Agency shall notify Lakewood that the 100-year flood elevations in the affected studies are correct or that new 100-year flood elevations will be established by the Federal Emergency Management Agency.

17-14-15. NON-CONFORMING STRUCTURES. A structure which was lawful before becoming subject to this Article but which is not in conformity with the provisions of this article may be continued subject to the following conditions:

(1) Such structure shall not be expanded, changed, enlarged or altered in a way which increases its non-conformity.

(2) If any non-conforming structure is destroyed by any means, including floods, to the extent that the cost of restoration would equal or exceed sixty (60) percent of the market value of the structure before the structure was damaged, the following regulations shall apply:

(a) If the non-conforming structure is in the Floodway, the structure may be rebuilt; however, it shall not be expanded, changed, enlarged or altered in any way which would create an obstruction to water flow greater than that which existed before damage to the structure occurred. Upon reconstruction, nonresidential and residential structures shall be elevated one foot (1') above the level of the 100-year flood as indicated in the Official Flood Studies. As an alternative, nonresidential facilities can be completely flood-proofed one foot (1') above the level of the 100-year flood as indicated in the Official Flood Studies. The walls and basement floor shall be completely waterproofed and they shall be built to withstand lateral and uplift water pressure.

(b) If the structure is located in the floodway fringe district, it may be reconstructed provided nonresidential and residential structures are elevated one foot (1') above the level of the 100-year flood as indicated in the Official Flood Studies. As an alternative for nonresidential structures only, the structure, including utility and sanitary facilities, can be completely flood-proofed one foot (1') above the level of the 100-year flood as indicated in the Official Flood Studies. The walls and basement floor shall be completely waterproofed and they shall be built to withstand lateral and uplift water pressure.

(c) If any manufactured home or manufactured home park located in the floodway and floodway fringe area is destroyed by any means such that the cost of restoration would exceed sixty (60) percent of the market value of the structure prior to damage; then such manufactured home or manufactured home park shall not be rebuilt if it is located in the floodway and if it is located in the floodway fringe, it shall be rebuilt in conformance with this Ordinance.

17-14-16. FLOOD PLAIN MANAGEMENT ORDINANCE ADMINISTRATOR. Notwithstanding Section 17-4-2 of the Lakewood Zoning Ordinance, this Article shall be administered and enforced by the Chief Executive Officer or his/her appointed designee. When base flood elevation data has not been provided by the Federal Emergency Management Agency in a Flood Insurance Study or in a Flood Insurance Rate Map, the Chief Executive Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, as criteria for requiring that new construction, substantial improvements, or other development meet the requirements of this Ordinance.

17-14-17. VARIANCES.

(1) Notwithstanding Article 4 of the Lakewood Zoning Ordinance, for purposes of this Article, the following provisions shall govern the granting of variances.

(a) The Lakewood Board of Adjustment shall interpret this Article and shall judge where variances from the provisions of this Article may be granted.

(b) Administrative Review. The Board of Adjustment shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Chief Executive Officer in the enforcement or administration of this Article. Those aggrieved by the decision of the Board of Adjustment, or any taxpayer, may appeal such decision to a court of competent jurisdiction.

(c) General Requirements for Granting of a Variance. In all circumstances variances may only be granted upon (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (3) a determination that the variance issuance will not result in increased flood height, additional threats to public safety, extraordinary public expense, will not create nuisances, cause fraud on or victimization of the public or conflict with any other local laws or ordinances. No variance shall have the effect of allowing in any zoning district uses prohibited in that district by either this section or the Lakewood Zoning Ordinance.

(d) In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:

(1) The probability that materials may be swept onto other lands or downstream to the injury of others.

(2) The danger to life and property due to flooding or erosion damage.

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage to the individual owner.

(4) The importance of the services provided by the proposed facility to the community.

(5) The availability of alternative locations not subject to flooding for the proposed use.

(6) The compatibility of the proposed use with the existing and anticipated development.

(7) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

(8) The safety of access to the property in times of flood for ordinary and emergency vehicles.

(9) The expected heights, velocity, duration, rate of rise and sediment and debris transport of the floodwaters expected at the site.

(10) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, streets and bridges.

(11) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

(e) No variance shall have the effect of allowing in any zoning district uses prohibited in that district by either this section or the Lakewood Zoning Ordinance.

(f) Variances shall not, under any condition, be issued within or above any floodway if any increase in flood level during the 100-year flood would result.

(2) Notice of Granting of Variance: In an annual report, the City of Lakewood shall notify the Federal Emergency Management Agency of the issuance of variances from the Flood Plain Management Ordinance and justification for issuing such. Lakewood shall maintain a record of all variance actions including justification for their issuance.

(3) Special Exceptions for Historic Places: The Board of Adjustment may permit special exceptions from the Flood Plain Management Ordinance for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places without regard to the variance procedures set forth in this Section.

(4) Notice to Applicant: The City of Lakewood shall notify the variance applicant in writing that the issuance of a variance to construct a structure below the 100-year flood level will result in increased premium rates for flood insurance commensurate with the increased risk from the reduced lowest floor elevation and that such construction below the level of the 100-year flood increases risks to life and property. This notification shall be maintained in the Board of Adjustment files relating to this variance.

17-14-18. ABROGATION AND GREATER RESTRICTIONS. It is not intended by this Article to repeal, abrogate, annul, or in any way to impair or interfere with any existing provisions of law or ordinance, or any rules, regulations, or permits previously adopted or issued, or which shall be adopted or issued, in conformity with law, relating to the use of buildings or premises. However, where this Article imposes a greater restriction upon the use of buildings or premises or requires larger yards, courts, or other open spaces then are imposed or required by such existing provisions of law or ordinance, or by such rules, regulations, or permits or by such easements, covenants, or agreements, the provisions of this Article shall control.

17-14-19. SEVERABILITY. If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

17-14-20. RECORDS. The City of Lakewood shall maintain for public inspection:

(1) Official Flood Studies, a Flood Insurance Rate Map, an Official Flood Hazard Map, and any amendments.

(2) Certificates of flood-proofing and a statement whether a structure has been flood- proofed and to what elevation (with Building Permits as applicable).

(3) For structures in the flood plain:

(a) Information on the elevation of the lowest habitable floor, including basement, for all new or substantially improved structures.

(b) A statement whether a new or substantially improved structure contains a basement.

17-14-21. ANNEXATION NOTIFICATION. The City of Lakewood will annually notify the Federal Emergency Management Agency whenever the boundaries of Lakewood have been added to by annexation or decreased by de-annexation. With the notification, Lakewood will include a copy of the map of the community suitable for reproduction, clearly delineating the new corporate limits.

17-14-22. ANNUAL REPORT. The City of Lakewood shall submit an annual report to the Federal Emergency Management Agency, utilizing a report form designated by the Federal Emergency Management Agency.

SECTION 4. This ordinance shall take effect forty-five (45) days after final publication.

I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 9th day of September, 2002; published in full in the Lakewood Sentinel on the 12th day of September, 2002; set for public hearing on the 14th day of October, 2002; read, finally passed and adopted by the City Council on the 14th day of October, 2002; and signed and approved by the Mayor on the 15th day of October, 2002.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney

Home | Search | Contact Us | Privacy Policy © City of Lakewood, 480 S. Allison Pkwy., Lakewood, CO 80226, 303-987-7000