HomeMy WebLinkAboutbocc.ord.003.2002 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, REPEALING AND RE-ENACTING THE
PITKIN COUNTY LAND USE CODE SECTION 3-80-40 D (1) and (2)
FLOODPLAIN REGULATIONS
Ordinance No. QO-2002
Recitals
1. The Board of County Commissioners (`BOCC") has directed the preparation of
amendments to the Floodplain Regulations section 3-80-40 D (1) and (2) of the
Pitkin County Land Use Code (the "Code").
2. These amendments allow for the reorganization of the floodplain regulations into
its own section; the addition of purpose and applicability sections and clarification
and revision of the standards sections.
3. These amendments to Section 3-80-40 D (1) and(2) will bring said regulations
into compliance with current Federal Emergency Management Agency minimum
National Flood Insurance Program regulatory requirements.
4. The BOCC finds that the proposed amendments to the Code will substantially
advance the public health, safety and welfare of the citizens of Pitkin County and
be consistent with the intent of the Floodplain Regulations.
5. The Planning and Zoning Commission ("P&Z") reviewed the Code amendments
at a regularly scheduled public meeting and made a recommendation to the
BOCC.
6. The BOCC considered the amendments at first reading on February 13, 2002 and
finally approved the amendments on second reading at a duly noticed public
hearing on February 27, 2002.
7. This ordinance is adopted as a regulation of general applicability for the health,
safety and welfare of the citizens of Pitkin County.
NOW,THEREFORE, BE IT ORDAINED by the Pitkin County Board of
Commissioners that it hereby repeals and re-enacts the Pitkin County Land Use Code
Section 3-80-40 (D)(1) and (2), Floodplain Regulations;
D. Development is prohibited within the 100-year floodplain except as set forth in
Subsections 3-80-040(B)(1)-(3) and (C). In the event that there is no hazard-free area on a
site and a development application is subsequently denied, an applicant may appeal the
denial to the Board of County Commissioners pursuant to Section 3-290 of this Code. If
0rdinance#003 -2002
Page 2
an appeal is granted by the Board and development is permitted, an application shall be
reviewed according to Subsection 3-80-040(A) and the following standards:
1. Residential Structures.
New residential structures, and any additions to existing residential structures shall have
the lowest floor, including the basement elevated one foot or higher above the base flood
elevation.
2. Commercial, Industrial and Other Non-Residential
Structures.
a. New commercial, industrial, or other non-residential structures, and an
additions to the same shall either have the lowest floor(including the basement) elevated
to the level of the base flood elevation; or, to ether with attendant utility and sanitar
facilities, shall:
1. Be flood proofed so that below the base flood elevation the
structure is watertight with walls substantially impermeable to the passage of
water, and,
2. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
b. The development proposed shall be certified by a registered professional
engineer or architect that the design and methods of construction are in
accordance with accepted standards of practice for meeting the provisions of
this section. Such certifications shall be rovided to the Pitkin Count
Flood lain Administrator,
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on
February 16, 2002
INTRODUCED AND FIRST READ AT A PUBLIC MEETING and regular
meeting on February 13, 2002
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC
HEARING on February 27, 2002.
EFFECTIVE thirty (30) days following final publication.
PUBLISHED AFTER THE ADOPTION IN THE WEEKEND EDITION OF
THE ASPEN TIMES on March 9, 2002
Ordinance -2002
Page 3
ATTEST: BOARD OF COUNTY COMNIISSIONERS
OF PITKIN COUNTY,COLORADO
Ak
4puty
Jones Patti Kay-Clapper
lerk and ecorder Chair
Date: Qq— /S —O�z
APPROVED AS TO FORM:
ikyl
John Ely,County Attorney
APPROVED AS TO CONTENT:
indy Houben
Community Development Director
Ordinance# A�13 -2002
Page3</
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC
HEARING on February 27, 2002.
EFFECTIVE thirty (30) days following publication.
PUBLISHED AFTER THE ADOPTION IN THE WEEKEND EDITION OF
THE ASPEN TIMES on March 9, 2002
ATTEST: BOARD OF COUNTY
COMMISSIONERS
OF PITKIN COUNTY,COLORADO
Jeanette Jones Patti Kay-Clapper
Deputy Clerk and Recorder Chair
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John ly Cmdy Houben
As ty Attorney Community Development Director