Title 15 - BUILDINGS AND CONSTRUCTION | Code of Ordinances | Ordway, CO | Municode Library
  • Title 15 - BUILDINGS AND CONSTRUCTION

    Chapters:

  • Chapter 15.04 - UNIFORM BUILDING CODE

    Sections:


  • 15.04.010 - Adoption.

    Pursuant to Title 31, Article 16, Part 2, Colorado Revised Statutes 1973, as amended, there is adopted as the building code of the town of Ordway, by reference thereto, the Uniform Building Code, 1994 Edition, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601, together with the Uniform Building Code Standards, 1994 Edition of the said International Conference of Building Officials and all additions, changes, modifications, and all future editions as amended, all to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted Codes includes comprehensive provisions and standards regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures for the purpose of protecting the public health, safety and general welfare.

    (Ord. 426 § 1, 1995: Ord. 406 § 1, 1990: Ord. 362 § 1, 1982)

  • 15.04.020 - Amendments and deletions to said Uniform Building Code.

    None.

    (Ord. 362 § 2, 1982)

  • 15.04.030 - Code copies.

    At least three copies of the Uniform Building Code, 1994 Edition, and at least three copies of the Uniform Building Code Standards, 1994 Edition, of the International Conference of Building Officials, all certified to be true copies, have been and are now on file in the office of the town clerk and may be inspected by any interested person between the hours of eight a.m. and four p.m. Monday through Friday, holiday excepted. The Uniform Building Code and the Uniform Building Code Standards as finally adopted shall be available for sale to the public through the office of the town clerk at a moderate price. (Amended during 1997 codification; Ord. 362 § 3, 1982)

  • 15.04.040 - Violation—Penalty.

    A.

    It is unlawful for any person, firm, corporation or entity to erect, construct, enlarge, adhere, repair, remove, improve, convert, demolish, equip, use, occupy or maintain a building or structure, or cause or permit the same to be done within the town of Ordway, in violation of this Code.

    B.

    If any person, firm, corporation or entity violates any provision of this chapter or the Codes adopted by reference herein, they shall be subject to a fine of not more than one thousand dollars ($1,000.00), and it is further declared and determined that each day that such person, firm, corporation or entity remains in violation hereof shall constitute a separate and distinct offense hereunder, subject to a separate fine.

    (Ord. 426 §§ 3, 5, 1995: Ord. 362 § 4, 1982)

  • 15.04.050 - Validity.

    If any section, subsection, sentence, clause or phrase of this chapter or the Codes adopted by reference herein is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this chapter or the Codes adopted by reference herein. The board of trustees of the town of Ordway declares that it would have passed the ordinance codified in this chapter and adopted these Codes and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

    (Ord. 426 § 4, 1995: Ord. 362 § 5, 1982)

  • Chapter 15.08 - UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS

    Sections:


  • 15.08.010 - Adoption.

    Pursuant to Title 31, Article 16, Part 2, Colorado Revised Statutes 1973, as amended, there is adopted as the code for the abatement of dangerous buildings of the town of Ordway, by reference thereto, the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, and all additions, changes, modifications, and all future editions as amended, all to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted Code provides whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public, or their occupants, may be required to be repaired, vacated or demolished.

    (Ord. 427 § 1, 1995: Ord. 405 § 1, 1990: Ord. 363 § 1, 1982)

  • 15.08.020 - Amendments and deletions to said Uniform Code for the Abatement of Dangerous Buildings.

    None.

    (Ord. 363 § 2, 1982)

  • 15.08.030 - Code copies.

    At least three copies of the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition of the International Conference of Building Officials, all certified to be true copies, have been and are now on file in the office of the town clerk and may be inspected by any interested person between the hours of eight a.m. and four p.m. Monday through Friday, holidays excepted. The Uniform Code for the Abatement of Dangerous Buildings as finally adopted shall be available for sale to the public through the office of the town clerk at a moderate price. (Amended during 1997 codification; Ord. 363 § 3, 1982)

  • 15.08.040 - Violation—Penalty.

    A.

    It is unlawful for any person, firm, corporation or entity to repair, vacate or demolish a building or structure, or cause or permit the same to be done within the town of Ordway in violation of this Code.

    B.

    If any person, firm, corporation or entity violates any provision of this chapter or the Codes adopted by reference herein, they shall be subject to a fine of not more than one thousand dollars ($1,000.00), and it is further declared and determined that each day that such person, firm, corporation or entity remains in violation hereof shall constitute a separate and distinct offense hereunder, subject to a separate fine.

    (Ord. 427 §§ 3, 5, 1995: Ord. 363 § 4, 1982)

  • 15.08.050 - Validity.

    If any section, subsection, sentence, clause or phrase of this chapter or the Code adopted by reference herein is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this chapter or the Code adopted by reference herein. The board of trustees of the town of Ordway declares that it would have passed the ordinance codified in this chapter and adopted this Code and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

    (Ord. 427 § 4, 1995: Ord. 363 § 4, 1982)

  • Chapter 15.12 - BUILDING PERMITS

    Sections:

    No person, firm, corporation, partnership, association or any other legal entity shall construct or cause to be constructed any structure or substantial improvement to any structure (residential, industrial, commercial or otherwise) without first obtaining a permit to construct the same from the town building permit agent of the town of Ordway, which said office is created and shall be filled by appointment by this board.

    (Ord. 358 § 2(a), 1982: Ord. 306 § 2, 1975)


  • 15.12.020 - Permit issuance conditions.

    A building permit shall be issued by the town of Ordway only after the town building permit agent has determined that the proposed building site is reasonably safe from flooding; or if a flood hazard exists, any proposed new construction or substantial improvement (including prefabricated and mobilehomes) must:

    A.

    Be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure;

    B.

    Use construction materials and utility equipment that are resistant to flood damage; and

    C.

    Use construction methods and practices that will minimize flood damage.

    (Ord. 306 § 1, 1975)

  • 15.12.030 - Review of proposed subdivisions and land use areas.

    Proposed subdivisions and land use areas shall be reviewed to assure that:

    A.

    All proposals for construction provide for methods to minimize flood damage;

    B.

    All public utilities and facilities such as sewerage, gas, electrical service and water systems are located and constructed to minimize or eliminate flood damage; and

    C.

    Adequate drainage is provided for so as to reduce exposure to flood hazards.

    (Ord. 306 § 3, 1975)

  • 15.12.040 - Design of new or replacement water supply systems and/or sanitary sewerage systems.

    All new or replacement water supply systems and/or sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters.

    (Ord. 306 § 4, 1975)

  • Chapter 15.16 - FLOOD CONTROL

    Sections:

  • Article I. - Compliance with National Flood Insurance Program


  • 15.16.010 - Board of trustees will enact adequate measures.

    The board of trustees assures the Federal Insurance Administration that it will enact as necessary and maintain in force for those areas having flood hazards, adequate land use and control measures with effective enforcement provisions consistent with the criteria set forth in Section 1910 of the National Flood Insurance Program Regulations.

    (Ord. 305 § 1, 1975)

  • 15.16.020 - Responsibility and authority of mayor.

    The mayor of the town of Ordway is vested with the responsibility, authority and means to:

    A.

    Delineate or assist the Administrator of the Federal Insurance Administration, at his or her request, in delineating the limits of the areas having special flood hazards on available location maps of sufficient scale to identify the location of building sites;

    B.

    Provide such information as the Administrator of the Federal Insurance Administration may request concerning present uses and occupancy of the floodplain;

    C.

    Cooperate with federal, state and local agencies and private firms which undertake to study, survey, map and identify floodplain areas, and cooperate with neighboring communities with respect to management of adjoining floodplain areas in order to prevent aggravation of existing hazards;

    D.

    Submit on the anniversary date of the town of Ordway's initial eligibility an annual report to the Administrator of the Federal Insurance Administration on the progress made during the past year within the town of Ordway in the development and implementation of floodplain management measures.

    (Ord. 305 § 3, 1975)

  • 15.16.030 - Record of elevations of lowest floors in special flood hazard areas.

    The town clerk is appointed to maintain for public inspection and to furnish upon request a record of elevations (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures located in the special flood hazard areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be recorded.

    (Ord. 305 § 3, 1975)

  • 15.16.040 - Board of trustees to take other necessary official action.

    The board of trustees of the town of Ordway agrees to take such other official action as may be reasonably necessary to carry out the objectives of the Federal Flood Insurance Program.

    (Ord. 305 § 4, 1975)

  • Article II. - Flood Damage Prevention[1]


    Footnotes:
    --- (1) ---

    Editor's note— Ord. No. 518, arts. I—V, adopted Jan. 7, 2013, amended art. II in its entirety to read as herein set out. Former art. II, §§ 15.16.050—15.16.130, pertained to similar subject matter, and derived from Ord. 383 §§ 1.1—1.4, 2—4, 5.1, 5.2, 1985; Ord. 395 (part), 1987; Ord. 443 § 4 (part), 1997.


  • 15.16.050 - Statutory authorization.

    The legislature of the state of Colorado has, in title 29, article 20 and title 31, article 16 of the Colorado Revised Statutes, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the board of trustees of the town of Ordway, Colorado, does hereby adopt the following floodplain management regulations.

    (Ord. 518, art. I § A, 1-7-2013)

  • 15.16.060 - Findings of fact.

    A.

    The flood hazard areas of the town of Ordway are subject to periodic inundation, which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the health, safety and general welfare of the public.

    B.

    These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

    (Ord. 518, art. I § B, 1-7-2013)

  • 15.16.070 - Statement of purpose.

    It is the purpose of this ordinance to promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

    A.

    Protect human life and health;

    B.

    Minimize expenditure of public money for costly flood control projects;

    C.

    Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

    D.

    Minimize prolonged business interruptions;

    E.

    Minimize damage to critical facilities, infrastructure and other public facilities such as water, sewer and gas mains; electric and communications stations; and streets and bridges located in floodplains;

    F.

    Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and

    G.

    Insure that potential buyers are notified that property is located in a flood hazard area.

    (Ord. 518, art. I § C, 1-7-2013)

  • 15.16.080 - Methods of reducing flood losses.

    In order to accomplish its purposes, this ordinance uses the following methods:

    A.

    Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

    B.

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

    C.

    Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;

    D.

    Control filling, grading, dredging and other development which may increase flood damage;

    E.

    Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

    (Ord. 518, art. I § D, 1-7-2013)

  • 15.16.090 - Definitions.

    Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

    "100-year flood" means a flood having a recurrence interval that has a one-percent chance of being equaled or exceeded during any given year (1-percent-annual-chance flood). The terms "one-hundred-year flood" and "one percent chance flood" are synonymous with the term "100-year flood." The term does not imply that the flood will necessarily happen once every one hundred (100) years.

    "100-year floodplain" means the area of land susceptible to being inundated as a result of the occurrence of a one-hundred-year flood.

    "500-year flood" means a flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2-percent-chance-annual-flood). The term does not imply that the flood will necessarily happen once every five hundred (500) years.

    "500-year floodplain" means the area of land susceptible to being inundated as a result of the occurrence of a five-hundred-year flood.

    "Addition" means any activity that expands the enclosed footprint or increases the square footage of an existing structure.

    "Alluvial fan flooding" means a fan-shaped sediment deposit formed by a stream that flows from a steep mountain valley or gorge onto a plain or the junction of a tributary stream with the main stream. Alluvial fans contain active stream channels and boulder bars, and recently abandoned channels. Alluvial fans are predominantly formed by alluvial deposits and are modified by infrequent sheet flood, channel avulsions and other stream processes.

    "Area of shallow flooding" means a designated Zone AO or AH on a community's Flood Insurance Rate Map (FIRM) with a one (1) percent chance or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

    "Base flood elevation (BFE)" means the elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE 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" means any area of a building having its floor sub-grade (below ground level) on all sides.

    "Channel" means the physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.

    "Channelization" means the artificial creation, enlargement or realignment of a stream channel.

    "Code of federal regulations (CFR)" means the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into fifty (50) titles that represent broad areas subject to Federal regulation.

    "Community" means any political subdivision in the state of Colorado that has authority to adopt and enforce floodplain management regulations through zoning, including, but not limited to, cities, towns, unincorporated areas in the counties, Indian tribes and drainage and flood control districts.

    "Conditional letter of map revision (CLOMR)" means FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

    "Critical facility" means a structure or related infrastructure, but not the land on which it is situated, as specified in section 15.16.120H, 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. See section 15.16.120H.

    "Development" means any man-made change in improved and 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.

    "DFIRM database" means database (usually spreadsheets containing data and analyses that accompany DFIRMs). The FEMA Mapping Specifications and Guidelines outline requirements for the development and maintenance of DFIRM databases.

    "Digital Flood Insurance Rate Map (DFIRM)" means FEMA digital floodplain map. These digital maps serve as "regulatory floodplain maps" for insurance and floodplain management purposes.

    "Elevated building" means a non-basement building (i) built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) 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. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

    "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

    "Expansion to an existing manufactured home park or subdivision" means 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, the construction of streets, and either final site grading or the pouring of concrete pads).

    "Federal register" means the official daily publication for Rules, proposed Rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

    "FEMA" means Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program.

    "Flood or flooding" means general and temporary condition of partial or complete inundation of normally dry land areas from:

    1.

    The overflow of water from channels and reservoir spillways;

    2.

    The unusual and rapid accumulation or runoff of surface waters from any source; or

    3.

    Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current).

    "Flood Insurance Rate Map (FIRM)" meaans an official map of a community, on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and the risk premium zones applicable to the community.

    "Flood Insurance Study (FIS)" means the official report provided by the Federal Emergency Management Agency. The report contains the Flood Insurance Rate Map as well as flood profiles for studied flooding sources that can be used to determine Base Flood Elevations for some areas.

    "Floodplain or flood-prone area" means 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" means the community official designated by title to administer and enforce the floodplain management regulations.

    "Floodplain development permit" means a permit required before construction or development begins within any Special Flood Hazard Area (SFHA). If FEMA has not defined the SFHA within a community, the community shall require permits for all proposed construction or other development in the community including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas. Permits are required to ensure that proposed development projects meet the requirements of the NFIP and this floodplain management ordinance.

    "Floodplain management" means 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 floodplain management regulations.

    "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and 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.

    "Flood control structure" means a physical structure designed and built expressly or partially for the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

    "Floodproofing" means any combination of structural and/or non-structural 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.

    "Floodway (regulatory floodway)" means the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six 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.

    "Freeboard" means the vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.

    "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

    "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

    "Historic structure" means any structure that is:

    1.

    Listed individually in the National Register of Historic Places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register;

    2.

    Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

    3.

    Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

    4.

    Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

    a.

    By an approved state program as determined by the Secretary of the Interior or;

    b.

    Directly by the Secretary of the Interior in states without approved programs.

    "Levee" means a man-made embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. For a levee structure to be reflected on the FEMA FIRMs as providing flood protection, the levee structure must meet the requirements set forth in 44 CFR 65.10.

    "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

    "Letter of Map Revision (LOMR)" means FEMA's official revision of an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA).

    "Letter of Map Revision Based On Fill (LOMR-F)" means FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.

    "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood resistant enclosure, usable solely for parking or 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 non-elevation design requirement of section 60.3 of the National Flood Insurance Program regulations.

    "Manufactured home" means a structure transportable in one (1) 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".

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

    "Mean sea level" means for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.

    "Material Safety Data Sheet (MSDS)" means a form with data regarding the properties of a particular substance. An important component of product stewardship and workplace safety, it is intended to provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner, and includes information such as physical data (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling procedures.

    NATIONAL FLOOD INSURANCE PROGRAM (NFIP) - FEMA's program of flood insurance coverage and floodplain management administered in conjunction with the Robert T. Stafford Relief and Emergency Assistance Act. The NFIP has applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations. The U.S. Congress established the NFIP in 1968 with the passage of the National Flood Insurance Act of 1968.

    "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

    "No-rise certification" means a record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A No-Rise Certification must be supported by technical data and signed by a registered Colorado Professional Engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM).

    "Physical Map Revision (PMR)" means FEMA's action whereby one or more map panels are physically revised and republished. A PMR is used to change flood risk zones, floodplain and/or floodway delineations, flood elevations, and/or planimetric features.

    "Recreational vehicle" means a vehicle which is:

    1.

    Built on a single chassis;

    2.

    400 square feet or less when measured at the largest horizontal projections;

    3.

    Designed to be self-propelled or permanently towable by a light duty truck; and

    4.

    Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

    "Special flood hazard area" means the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.

    "Start of construction" means the date the building permit was issued, including substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (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 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

    "Structure" means a walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a manufactured home.

    "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure just prior to when the damage occurred.

    "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before "Start of Construction" of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred "Substantial Damage", regardless of the actual repair work performed. The term does not, however, include either:

    1.

    Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or

    2.

    Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."

    "Threshold Planning Quantity (TPQ)" means a quantity designated for each chemical on the list of extremely hazardous substances that triggers notification by facilities to the State that such facilities are subject to emergency planning requirements.

    "Variance" means a grant of relief to a person from the requirement of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see section 60.6 of the National Flood Insurance Program regulations).

    "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

    "Water surface elevation" means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

    (Ord. 518, art. II, 1-7-2013)

  • 15.16.100 - General provisions.

    A.

    Lands to which this article applies. The 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 town of Ordway, Colorado.

    B.

    Basis for establishing the special flood hazard area. The Special Flood Hazard Areas identified by the Federal Emergency Management (FEMA) on the Flood Insurance Rate Maps (FIRM) dated December 18, 1985 and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. These Special Flood Hazard Areas identified by the FIRM are the minimum area of applicability of this ordinance and may be supplemented by studies designated and approved by the Board of Trustees. The Floodplain Administrator shall keep a copy of the FIRM on file and available for public inspection.

    C.

    Establishment 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 ordinance and other applicable regulations. Nothing herein shall prevent the Board of Trustees 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 ordinance 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 ordinance, 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 ordinance 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 ordinance does not imply that land outside the Special Flood Hazard Area or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

    H.

    Severability. This article and the various parts thereof are hereby declared to be severable. Should any section of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the article as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

    (Ord. No. 518, art. III §§ A—H, 1-7-2013)

  • 15.16.110 - Administration.

    A.

    Designation of the floodplain administrator. The town superintendent is hereby appointed as floodplain administrator to administer, implement and enforce the provisions of this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.

    B.

    Duties and responsibilities of the floodplain administrator. Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

    1.

    Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance, including the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and any floodproofing certificate required by section 15.16.110C.

    2.

    Review, approve, or deny all applications for Floodplain Development Permits required by adoption of this article.

    3.

    Review Floodplain Development Permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

    4.

    Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.

    5.

    Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this ordinance, including proper elevation of the structure.

    6.

    Where interpretation is needed as to the exact location of the boundaries of the Special Flood Hazard Area (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.

    7.

    When Base Flood Elevation data has not been provided in accordance with section 15.16.100B, the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation data and Floodway data available from a Federal, State, or other source, in order to administer the provisions of 15.16.120.

    8.

    Notify, in riverine situations, adjacent communities and the State Coordinating Agency, which is the Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.

    9.

    Ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

    C.

    Permit procedures. Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to Special Flood Hazard Area. Additionally, the following information is required:

    1.

    Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;

    2.

    Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;

    3.

    A certificate from a registered Colorado Professional Engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 15.16.120B(2);

    4.

    Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

    5.

    Maintain a record of all such information in accordance with section 15.16.110,B.

    Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors:

    1.

    The danger to life and property due to flooding or erosion damage;

    2.

    The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

    3.

    The danger that materials may be swept onto other lands to the injury of others;

    4.

    The compatibility of the proposed use with existing and anticipated development;

    5.

    The safety of access to the property in times of flood for ordinary and emergency vehicles;

    6.

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

    7.

    The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

    8.

    The necessity to the facility of a waterfront location, where applicable;

    9.

    The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

    10.

    The relationship of the proposed use to the comprehensive plan for that area.

    D.

    Variance procedures.

    1.

    The appeal board, as established by the Community, shall hear and render judgment on requests for variances from the requirements of this ordinance.

    2.

    The appeal board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this ordinance.

    3.

    Any person or persons aggrieved by the decision of the appeal board may appeal such decision in the courts of competent jurisdiction.

    4.

    The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

    5.

    Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in subsection C of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

    6.

    Upon consideration of the factors noted above and the intent of this ordinance, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance as stated in section 15.16.070.

    7.

    Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

    8.

    Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

    9.

    Prerequisites for granting variances:

    a.

    Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

    b.

    Variances shall only be issued upon:

    i.

    Showing a good and sufficient cause;

    ii.

    A determination that failure to grant the variance would result in exceptional hardship to the applicant, and

    iii.

    A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

    c.

    Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the Base Flood Elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

    10.

    Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a Functionally Dependent Use provided that:

    a.

    The criteria outlined in section 15.16.110D (1)-(9) are met, and

    b.

    The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

    E.

    Penalities for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Any person who violates any of the provisions of the article upon proof of violation shall be liable to pay a fine not in excess of three hundred dollars ($300.00). Nothing herein contained shall prevent the town of Ordway from taking such other lawful action as is necessary to prevent or remedy any violation.

    (Ord. No. 518, art. VI §§ A—D, 1-7-2013)

  • 15.16.120 - Provisions for flood hazard reduction.

    A.

    General standards. In all Special Flood Hazard Areas the following provisions are required for all new construction and substantial improvements:

    1.

    All new construction or substantial improvements shall be 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.

    All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

    3.

    All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

    4.

    All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and 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;

    5.

    All manufactured homes 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. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

    6.

    All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

    7.

    New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and,

    8.

    On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

    B.

    Specific standards. In all Special Flood Hazard Areas where base flood elevation data has been provided as set forth in (i) section 15.16.100B, (ii) section 15.16.110B(7), or (iii) section 15.16.120E, the following provisions are required:

    1.

    Residential construction. New construction and Substantial Improvement of any residential structure shall have the lowest floor (including basement), elevated to one (1) foot above the base flood elevation. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado Professional Engineer, architect, or land surveyor. Such certification shall be submitted to the Floodplain Administrator.

    2.

    Nonresidential construction. With the exception of Critical Facilities, outlined in section 15.16.120H, new construction and Substantial Improvements of any commercial, industrial, or other nonresidential structure shall either have the lowest floor (including basement) elevated to one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that at one (1) foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

    A registered Colorado Professional Engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. Such certification shall be maintained by the Floodplain Administrator, as proposed in section 15.16.110C.

    3.

    Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall 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 Colorado Professional Engineer or architect or meet or exceed the following minimum criteria:

    a.

    A minimum of two 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 grade.

    c.

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

    4.

    Manufactured homes. All manufactured homes to be placed within Zone A on a community's FHBM or FIRM 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. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

    C.

    Alteration of a watercourse. For all proposed developments that alter a watercourse within a Special Flood Hazard Area, the following standards apply:

    1.

    Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition, and channel migration and properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity. A detailed analysis of sediment transport and overall channel stability should be considered, when appropriate, to assist in determining the most appropriate design.

    2.

    Channelization and flow diversion projects shall evaluate the residual 100-year floodplain.

    3.

    Any channelization or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable Federal, State and local floodplain rules, regulations and ordinances.

    4.

    Any stream alteration activity shall be designed and sealed by a registered Colorado Professional Engineer or Certified Professional Hydrologist.

    5.

    All activities within the regulatory floodplain shall meet all applicable Federal, State and Town of Ordway floodplain requirements and regulations.

    6.

    Maintenance shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished.

    D.

    Properties removed from the floodplain by fill. A Floodplain Development Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), unless such new structure or addition complies with the following:

    1.

    Residential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one (1) foot above the Base Flood Elevation that existed prior to the placement of fill.

    2.

    Nonresidential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one (1) foot above the Base Flood Elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one (1) foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

    E.

    Standards for subdivision proposals.

    1.

    All subdivision proposals including the placement of manufactured home parks and subdivisions shall be reasonably safe from flooding. If a subdivision or other development proposal is in a flood-prone area, the proposal shall minimize flood damage.

    2.

    All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of section 15.16.100C; section 15.16.110C; and the provisions of 15.16.120 of this article.

    3.

    Base Flood Elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to section 15.16.100B or section 15.16.110B of this article.

    4.

    All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

    5.

    All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

    E.

    Standards for critical facilities. A critical facility is a structure or related infrastructure, but not the land on which it is situated, as specified in rule 6 of the rules and regulations for regulatory floodplains in Colorado, 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.

    1.

    Classification of critical facilities. It is the responsibility of the board of trustees to identify and confirm that specific structures in their community meet the following criteria:

    Critical facilities are classified under the following categories: (a) essential services; (b) hazardous materials; (c) at-risk populations; and (d) vital to restoring normal services.

    a.

    Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines.

    These facilities consist of:

    i.

    Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and, emergency operation centers);

    ii.

    Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and non-ambulatory surgical structures but excluding clinics, doctors offices, and non-urgent care medical structures that do not provide these functions);

    iii.

    Designated emergency shelters;

    iv.

    Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio, and other emergency warning systems, but excluding towers, poles, lines, cables, and conduits);

    v.

    Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines); and

    vi.

    Air Transportation lifelines (airports (municipal and larger), helicopter pads and structures serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangars).

    Specific exemptions to this category include wastewater treatment plants (WWTP), non-potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.

    Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the board of trustees that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with the provisions of this article, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the board of trustees on an as-needed basis upon request.

    b.

    Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials.

    These facilities may include:

    i.

    Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);

    ii.

    Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;

    iii.

    Refineries;

    iv.

    Hazardous waste storage and disposal sites; and

    v.

    Above ground gasoline or propane storage or sales centers.

    Facilities shall be determined to be critical facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the work place, AND the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be a critical facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation, Reportable Quantities, and Notification," 40 C.F.R. § 302 (2010) and OSHA regulation "Occupational Safety and Health Standards," 29 C.F.R. § 1910 (2010) are incorporated herein by reference and include the regulations in existence at the time of the promulgation this ordinance, but exclude later amendments to or editions of the regulations

    Specific exemptions to this category include:

    i.

    Finished consumer products within retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use.

    ii.

    Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional (as determined by the local jurisdiction having land use authority) that a release of the subject hazardous material does not pose a major threat to the public.

    iii.

    Pharmaceutical sales, use, storage, and distribution centers that do not manufacture pharmaceutical products.

    These exemptions shall not apply to buildings or other structures that also function as critical facilities under another category outlined in this article.

    c.

    At-risk population facilities include medical care, congregate care, and schools.

    These facilities consist of:

    i.

    Elder care (nursing homes);

    ii.

    Congregate care serving twelve (12) or more individuals (day care and assisted living);

    iii.

    Public and private schools (pre-schools, K-12 schools), before-school and after-school care serving twelve (12) or more children);

    d.

    Facilities vital to restoring normal services including government operations.

    These facilities consist of:

    i.

    Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers);

    ii.

    Essential structures for public colleges and universities (dormitories, offices, and classrooms only).

    These facilities may be exempted if it is demonstrated to the board of trustees that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this ordinance, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the board of trustees on an as-needed basis upon request.

    2.

    Protection for critical facilities. All new and substantially improved critical facilities and new additions to critical facilities located within the special flood hazard area shall be regulated to a higher standard than structures not determined to be critical facilities. For the purposes of this ordinance, protection shall include one (1) of the following:

    a.

    Location outside the special flood hazard area; or

    b.

    Elevation or floodproofing of the structure to at least two feet above the base flood elevation.

    3.

    Ingress and egress for new critical facilities. New critical facilities shall, when practicable as determined by the board of trustees, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.

    (Ord. No. 518, art. V §§ A—F, 1-7-2013)

  • Chapter 15.20 - MOBILEHOME PARKS

    Sections:


  • 15.20.010 - Purpose.

    The purpose and intention of this chapter is, as hereinafter specified, to create mobilehome parks and to regulate the location and use of mobilehomes.

    (Ord. 313 Art. I, § 1, 1976)

  • 15.20.020 - Definitions.

    As used in this chapter:

    "Dependent mobilehome" means a mobilehome not connected to public water or public sewage and not containing a flush toilet, complete sink, and bath or shower.

    "Independent mobilehome" means a mobilehome having a flush toilet and a bath or shower and a complete sink, and further, is connected to sewerage and water connections located on or adjacent to the mobilehome space.

    "Licensee" means any person licensed to operate and maintain a mobilehome park under the provisions of this chapter.

    "Mobilehome" means and includes any complete structure used for living, sleeping, business or storage purposes; having no foundation other than wheels, blocks, skids, jacks, horses or skirting; and which has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term "mobilehome" shall not include motor homes or recreational type vehicles. The term "mobilehome" shall include two or more separately towed units which are bolted or otherwise fastened together to form a complete living unit but shall not include modular homes.

    "Mobilehome park" means any park, court, camp, lot, area, piece, parcel, tract or plot of ground upon which mobilehomes are used, whether for compensation or not, including all accessory use thereof.

    "Mobilehome space" means a plot of ground within a mobilehome park designed for the accommodation of one mobilehome.

    "Natural or artificial barrier" means any river, pond, canal, railroad, levee, embankment, or major street.

    "Permittee" means any person to whom a permit is issued to construct a mobilehome park under the provisions of this chapter.

    "Person" means any individual, firm, trust, partnership, association or corporation.

    "Street" means any recognized thoroughfare in the town.

    (Ord. 313 Art. II, § 1, 1976)

  • 15.20.030 - Location of mobilehomes.

    A.

    An occupied mobilehome of any kind shall only be parked in a mobilehome space within a mobilehome park.

    B.

    No mobilehome of any kind shall be parked in any street, alley, lot or highway within the limits of the town of Ordway for more than twenty-four (24) hours.

    (Ord. 313 Art. II, § 2, 1976)

  • 15.20.040 - Purpose of mobilehome parks.

    The intention of a mobilehome park is to permit low density mobilehome uses in a park-like atmosphere. The mobilehome park is intended for those areas where the owner proposes to develop and rent or lease individual mobilehome spaces.

    (Ord. 313 Art. III, § 1, 1976)

  • 15.20.050 - Mobilehome park regulations.

    In a mobilehome park no building shall be used and no building shall be erected, altered or enlarged, which is arranged, intended or designed for other than independent mobilehomes, or independent trailer house coaches, and customary service buildings.

    (Ord. 313 Art. III, § 2, 1976)

  • 15.20.060 - General requirements for mobilehome parks.

    A.

    The tract to be used for a mobilehome park shall be not less than three acres. Additions to mobilehome parks previously approved, constructed and operated pursuant to this chapter may be of less than three acres, but all other provisions of this chapter shall apply to any such expansion or addition.

    B.

    The applicant for a mobilehome park permit or for a zoning change to permit a mobilehome park must satisfy the planning commission that he or she is financially able to carry out the proposed plan and shall prepare and submit a schedule of construction, which construction shall commence with a period of one year following the approval by the planning commission and shall be completed within a period of two years.

    C.

    The applicant for a mobilehome park permit or for a zoning change to permit the same shall prepare or cause to be prepared a development plan for the mobilehome park and shall present three copies of the plan for review and approval by the planning commission. The plot plan shall show topography and location and size of:

    1.

    Mobilehome sites;

    2.

    Service buildings;

    3.

    Off-street parking areas;

    4.

    Electrical outlets;

    5.

    Sewer outlets;

    6.

    Water outlets;

    7.

    Water lines;

    8.

    Sewer lines;

    9.

    Recreational areas;

    10.

    Landscaped areas and walls or fences;

    11.

    Roadways;

    12.

    Sidewalks, or walkways, if provided.

    D.

    The mobilehome park shall conform with the following requirements:

    1.

    The park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.

    2.

    Mobilehome parks shall have a maximum density of eight trailers per gross acre and a minimum space of two thousand eight hundred (2,800) square feet for each trailer.

    a.

    In those cases where three thousand (3,000) square feet is allocated for each trailer, and each mobilehome space is separately fenced, no central recreational area will be required.

    3.

    Each mobilehome space shall be at least thirty-five (35) feet wide and clearly defined.

    a.

    Where the provisions of subsection (D)(2)(a) are applicable, then each space shall contain three thousand (3,000) square feet.

    4.

    Mobilehomes shall be so located on each space that there shall be at least twenty (20) feet of clearance between mobilehomes; provided, however, that with respect to mobilehomes parked end-to-end, the end-to-end clearance may be less than twenty (20) feet but shall not be less than fifteen (15) feet unless a division fence is erected between mobilehome spaces. No mobilehome shall be located closer than twenty-five (25) feet from any building within the park. All mobilehomes shall be so located on each space so as to have a uniform setback from the front of each space throughout the mobilehome park, and in no event shall the distance from the front of the space to the front wall or furthest front wall of the mobilehome be less than six feet. Mobilehomes shall be located at least fifteen (15) feet from the property line bounding the park.

    5.

    All mobilehome spaces shall front upon a private roadway of not less than forty-five (45) feet in width, which shall have unobstructed access to a public street, alley or highway.

    a.

    Where traffic is controlled to one direction, the width of a roadway shall be twenty (20) feet.

    b.

    Where a mobilehome space has a driveway leading to the private roadway, the space need not front on said private roadway.

    6.

    Walkways, not less than thirty (30) inches wide, shall be provided from the mobilehome spaces to service buildings.

    7.

    All roadways and walkways within the mobilehome park shall be hard surfaced and adequately lighted at night with electric lamps.

    8.

    Laundry facilities for the exclusive use of the mobilehome occupants may be provided in a service building.

    9.

    At least one electrical service outlet supplying at least one hundred twenty (120) volts and two hundred forty (240) volts shall be provided for each mobilehome space.

    10.

    A recreational area shall be provided at a central location in the mobilehome park at the rate of two hundred (200) square feet for each trailer space.

    11.

    A solid fence or wall or chain link fence shall be provided between the mobilehome park and any adjoining property zoned for residential purposes. The fence or wall shall not be less than four feet high nor more than six feet high. The owner shall be responsible for the maintenance of the fence or wall. The requirements of this paragraph may be omitted when a statement is signed by all landowners within two hundred (200) feet of the mobilehome park stating that each understands the plans and has reviewed and required plot plans and that each has no objection to the mobilehome park.

    12.

    Two parking places for each mobilehome space shall be provided off of the private roadway upon which the mobilehome space fronts.

    (Ord. 313 Art. III, § 3, 1976)

  • 15.20.070 - Utility service.

    All communications, electrical, water and sewage lines shall be placed underground and shall be of such size, nature and character as the town may prescribe to meet the needs of the mobilehome park. Each mobilehome space shall have a separate soft water meter.

    (Ord. 313 Art. III, § 4, 1976)

  • 15.20.080 - Water supply.

    An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobilehome spaces within the park. Each mobilehome space shall be provided with a cold soft water tap. An adequate supply of hot water shall be provided at all times in the service buildings for all washing and laundry facilities.

    (Ord. 313 Art. III, § 5, 1976)

  • 15.20.090 - Service buildings.

    A.

    Service buildings, housing sanitation and laundry facilities or any of such facilities, shall be permanent structures complying with all applicable codes, ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.

    B.

    All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any debris that will be a menace to the health of any occupant or the public or constitute a nuisance.

    (Ord. 313 Art. III, § 6, 1976)

  • 15.20.100 - Sewage and refuse disposal.

    Each mobilehome space shall be provided with a trapped sewer at least four inches in diameter, which shall be connected to receive the waste from the shower, bathtub, flush toilet, lavatory and kitchen sink of the mobilehome located in such space and having any or all of such facilities. The trapped sewer in each space shall be connected to discharge the mobilehome waste into a public sewer system.

    (Ord. 313 Art. III, § 7, 1976)

  • 15.20.110 - Garbage receptacles.

    Each mobilehome unit shall be provided with at least one thirty (30) gallon plastic or metal trash and garbage can with a tight-fitting cover to permit disposal of all garbage, trash and rubbish.

    (Ord. 313 Art. III, § 8, 1976)

  • 15.20.120 - Animals and pets.

    No licensee or permittee shall allow the owner or person in charge of any dog, cat or other pet or animal to run at large or commit any nuisance within the limits of any mobilehome park.

    (Ord. 313 Art. III, § 9, 1976)

  • 15.20.130 - Register of occupants.

    A.

    It shall be the duty of each licensee or permittee to keep a register containing a record of all mobilehome owners and occupants located within the park. The register shall contain the following information:

    1.

    The name and address of each mobilehome owner or tenant occupying a mobilehome;

    2.

    The name and address of the owner of each mobilehome and motor vehicle;

    3.

    The make, model, year and license number of each mobilehome and motor vehicle;

    4.

    The state, territory or country issuing such licenses;

    5.

    The date of arrival and of departure of each mobilehome.

    B.

    The mobilehome park owners, managers or caretaker shall keep the register available for inspection at all times by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register.

    C.

    The register record for each occupant registered shall not be destroyed for a period of three years following the date of departure of the registrant from the park.

    (Ord. 313 Art. III, § 10, 1976)

  • 15.20.140 - Supervision.

    The licensee or permittee, or a duly authorized attendant or caretaker, shall be in charge at all times to keep the mobilehome park, and its facilities and equipment, in a clean, orderly and sanitary condition. The attendant or caretaker shall be answerable, with the licensee or permittee, for the violation of any provision of the regulations for mobilehome parks.

    (Ord. 313 Art. III, § 11, 1976)

  • 15.20.150 - License fee.

    A.

    It is unlawful for any person to maintain or operate a mobilehome park unless such a person shall first obtain a license from the town clerk.

    B.

    The annual license fee for each mobilehome park shall be a minimum of fifty dollars ($50.00) or ten dollars ($10.00) per developed space, whichever is greater, which is not refundable.

    C.

    A mobilehome park license is not refundable.

    D.

    Expiration date of the mobilehome park license shall be December 31st of each year.

    (Ord. 313 Art. III, § 12, 1976)

  • 15.20.160 - Application for permit.

    A.

    A written application for a permit to construct a mobilehome park shall be required for any person, firm or corporation constructing the mobilehome park. The applicant shall be filed in duplicate with the town clerk and shall include the following items:

    1.

    The name and address of the applicant;

    2.

    The location and legal description of the mobilehome park site;

    3.

    The name and address of the manager of the mobilehome park;

    4.

    The number of mobilehomes the mobilehome park will accommodate;

    5.

    A plan showing the location of all mobilehomes, buildings, roadways, recreational areas, off-street parking areas, electrical outlets, sewer outlets, water outlets, water mains, sewer mains and other improvements and facilities constructed or to be constructed in the mobilehome park. The plan shall be drawn at a scale of one inch equals one hundred (100) feet or larger;

    6.

    Such further information as may be required to determine if the proposed mobilehome park will comply with this chapter and other town ordinances and requirements.

    B.

    The application shall be filed by the owner or manager of said mobilehome park and sworn to before a notary public. The person or persons filing the application and affidavit shall be the person or persons owning or managing the mobilehome park and the person or persons responsible for the upkeep and maintenance and sanitary control. Any change in the management of said mobilehome park shall be registered with the town clerk by a sworn affidavit by the new manager.

    C.

    Upon receipt of the completed application, plans and filing fees, the town clerk shall transmit a copy of the application and plans to the town planning commission which shall:

    1.

    Check the application for compliance with this chapter and other town codes and ordinances;

    2.

    Determine the condition of the sanitation of the mobilehome park.

    D.

    If the application is found to be in compliance with this chapter and other town codes and ordinances, and the site is found to be in conformance with sanitary regulations, the planning commission shall authorize the town clerk to issue a permit for a mobilehome park.

    (Ord. 313 Art. III, § 13, 1976)

  • 15.20.170 - Inspection required.

    Upon the issuance of the permit for a mobilehome park or court, the town shall have the authority to have said mobilehome park inspected by the proper inspecting officer of the town, and if it shall be found that the holder of said permit has made any false or misleading statements in his or her application or has placed or caused to be placed more mobilehomes in said mobilehome park or court than provided for and set forth in said application for permit, or that said holder of said permit has violated or caused to be violated any provision of this chapter, the town governing body shall have the power to revoke said permit.

    (Ord. 313 Art. III, § 14, 1976)

  • 15.20.180 - Revocation or suspension.

    If the town shall determine, upon proper inspection by the inspecting officer of the town, that the sanitary condition of the mobilehome park shall have become so unsanitary as to endanger health or welfare of occupants of said mobilehome park or the surrounding community, or that said sanitary facilities have become inadequate to properly protect the occupants of said mobilehome park, the town governing body shall have the power to require the holder of said mobilehome park license, within ten days, to set said mobilehome park in proper sanitary condition. If, upon notice from the town to the holder of the license as aforesaid, the owner or manager of said mobilehome park shall fail or refuse to place said park or court in sanitary condition, the town governing body shall have the right to revoke said license.

    (Ord. 313 Art. III, § 15, 1976)

  • 15.20.190 - Abandoned use.

    A.

    When any permittee shall fail to commence or complete construction as specified in Section 15.20.060B; or

    B.

    When any licensee shall fail to renew a license as required in Section 15.20.150;

    C.

    Then the town clerk shall give notice to such licensee or permittee by mail to the address shown on the permit that the town governing body will hold a hearing not sooner than ten days from the date of mailing such notice to determine whether the license or permit to operate a mobilehome park should be revoked.

    (Ord. 313 Art. III, § 16, 1976)

  • 15.20.200 - Variances.

    The town council may grant a variance to this chapter based upon a written application therefor; a variance shall only be granted following a public hearing, notice of which shall be published at least ten days prior to the hearing; no variance shall be granted which will substantially defeat the purposes of this chapter; in granting any variance, the town council shall specify in writing its basis therefor.

    (Ord. 313 Art. IV, 1976)

  • 15.20.210 - Violation—Penalty.

    A.

    No person shall operate a mobilehome park without first obtaining a license to do so pursuant to the provisions of this chapter.

    B.

    1.

    Any person who commits, takes part or assists in any violation of this chapter or who maintains any building or premises in or upon which a violation has been committed or shall exist, shall be fined not more than one thousand dollars ($1,000.00), and each and every day that such violation continues shall constitute a separate offense.

    2.

    In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used, in violation of this regulation, the appropriate authorities of said area, in addition to other remedies, may institute inunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation or to prevent the occupancy of said building, structure or land.

    (Ord. 443 § 4 (part), 1997; Ord. 313 Art. V, §§ 1, 2, 1976)

  • Chapter 15.24 - UNIFORM HOUSING CODE

    Sections:


  • 15.24.010 - Uniform Housing Code—Adopted.

    The 1997 Edition of the Uniform Housing Code, promulgated and published as such by the International Conference of Building Officials, is hereby adopted by the town of Ordway, Colorado, together with any modifications, additions, later or subsequent editions. The purpose of this ordinance and the Code adopted herein is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the use and occupancy, location and maintenance of all residential buildings and structures within the town of Ordway.

    (Ord. 454 § 1, 2000)

  • 15.24.020 - Articles and sections excluded.

    The 1997 Edition of the Uniform Housing Code is adopted as if set out at length save and except the following articles and/or sections which are declared to be inapplicable to this municipality and are therefore expressly deleted: None.

    (Ord. 454 § 2, 2000)

  • 15.24.030 - Penalties.

    The following penalties, herewith set forth in full, shall apply to this chapter:

    1.

    It is unlawful for any person to violate any of the provisions adopted in this chapter.

    2.

    Every person convicted of a violation of any provision adopted in this chapter shall be punished by a fine not exceeding one thousand dollars ($1,000.00).

    (Ord. 454 § 3, 2000)

  • 15.24.040 - Severability.

    If any part or parts of this chapter are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The board of trustees hereby declares that it would have passed this ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid.

    (Ord. 454 § 4, 2000)

  • 15.24.050 - Code on file.

    The town clerk shall certify to the passage of this chapter and shall keep one copy of the adopted code on file in the office of the town clerk, and shall make it available for inspection by the public during regular business hours.

    (Ord. 454 § 5, 2000)

  • 15.24.060 - Enforcement.

    The town of Ordway building inspector and code enforcement officers are authorized to enforce the provisions of the Uniform Housing Code. The town further authorizes the use of the penalty assessment procedure.

    (Ord. 454 § 6, 2000)

  • 15.24.070 - Violation.

    It shall be unlawful for any person, firm, corporation or entity to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in the town of Ordway or cause to permit the same to be done contrary to or in violation of any of the provision of this code.

    Any person, firm, corporation or entity violating any of the provisions of this ordinance shall be punishable as set forth in Section 15.24.030 above.

    (Ord. 454 § 7, 2000)

  • 15.24.080 - Conflicting ordinances repealed.

    Any or all ordinances or parts of ordinances of the town of Ordway, Colorado, in conflict or inconsistent with this chapter are hereby repealed provided, however, that such repeal shall not affect any offense committed or act done, any penalty or forfeiture incurred, or any contract, right or obligation established prior to the time of such repeal.

    (Ord. 454 § 8, 2000)

  • Chapter 15.28 - UNIFORM FIRE CODE

    Sections:


  • 15.28.010 - Uniform Fire Code—Adopted.

    Pursuant to Title 31, Article 16, Part 2 of the Colorado Revised Statutes, there is hereby adopted as the Fire Code for the town of Ordway, by reference thereto, the Uniform Fire Code, 1997 Edition, as amended from time to time, and the Appendix thereto, published by the International Fire Code Institute, all to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code and appendix includes comprehensive provisions and standards prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion.

    (Ord. 450 § 1, 1998)

  • 15.28.020 - Compliance—Prima facie evidence.

    Compliance with all the provisions of the Uniform Fire Code, 1997 Edition, as amended from time to time, and the Appendix thereto of the International Fire Code Institute, shall be and is hereby declared to be prima facie evidence of reduction of fire hazards.

    (Ord. 450 § 2, 1998)

  • 15.28.030 - Fire chief/marshal appointment.

    The board of trustees of the town of Ordway is hereby authorized to appoint a fire chief or fire marshal and he/she is hereby authorized and directed to enforce all provisions of this Code and for such purposes, shall have the same powers as a town marshal.

    (Ord. 450 § 3, 1998)

  • Chapter 15.32 - UNIFORM MECHANICAL CODE

    Sections:


  • 15.32.010 - Uniform Mechanical Code—Adopted.

    Pursuant to Title 31, Article 16, Part 2 of the Colorado Revised Statutes, there is hereby adopted by the town of Ordway as the Mechanical Code for the town of Ordway, by reference thereto, the Uniform Mechanical Code, 1997 Edition, as amended from time to time, and the Appendix thereto, published by the International Conference of Building Officials, all to have the same force and effect as if set forth herein in every particular. Said code is adopted in whole as the code of rules for regulating and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat-producing appliances in the town of Ordway, and further, for providing for the issuance of permits and collection of fees therefore.

    (Ord. 450 § 4, 1998)

  • Chapter 15.33 - FENCES

    Sections:


  • 15.33.010 - Definitions.

    For the purpose of this chapter, certain terms are herewith defined as follows:

    "Fence" means any partition, structure, or gate erected as a dividing marker, barrier or enclosure, including hedges or living bushes or shrubs, within or along the bounds or a lot or parcel.

    "Height" means the distance from the grade (ground) to the top of the highest point of the fence at any given point along the fence.

    "Adjacent grade" means the average grade measured at a point three feet on each side of the fence.

    (Ord. of 6-1-2021(1))

  • 15.33.020 - Fence permit.

    Prior to erection, installation, or enlargement of any fence, an application for a fence permit must be submitted and approved. A fence permit shall be applied for at the township assessing/zoning office. Compliance review and inspection by the zoning administrator will be conducted. The land owner shall assume full liability arising from any fence. Any permit issued under the provisions of this chapter in which construction has not been completed within six months from the date of issuance shall expire.

    (Ord. of 6-1-2021(1))

  • 15.33.030 - Regulations of fences and permitted installation.

    A.

    For all fences the installing or requesting party shall construct the fence with the "post side" or "bad side" facing the installing party's property. This provision shall apply to both side yard and rear yard fences.

    B.

    Fence regulations shall be as follows.

    1.

    Fences shall not contain electrification, barbed wire, razor wire, spikes, nails, or other sharp pointed instruments affixed, placed upon or allowed to exist in any manner attached to a fence or part of a fence. Excepting electrification and barbed wire which can be used in districts where animal husbandry is a permitted use.

    2.

    No person shall install, construct, or maintain any fence on easements, rights-of-way or any properties not owned, leased, or rented by that person.

    3.

    Materials shall consist of cyclone-type metal links and posts, wood components, or equivalent materials, or natural vegetation. Pallets and other materials not considered a fencing product are not allowed. The zoning and planning committee will review any conflicts that may arise and make a recommendation to the town council.

    4.

    Fences on all lots of record, in all residential districts which enclose property and/or within a required side and rear yard, shall not exceed six feet in height, measured from the surface of the ground and shall not extend toward the front of the lot nearer than the front of the house or the minimum required front yard setback, whichever is greater.

    5.

    Fences shall be constructed to allow ample space for maintenance, without having the applicant trespass on the neighboring property to maintain their fence.

    6.

    Fences up to four feet in height may be erected from the front edge of the dwelling to within fifteen (15) feet of the right-of-way unless the fence is of chain link, split rail, or other see-through material which can then be erected from the front edge of the dwelling to and along the road right-of-way. At an intersection, the fence must be erected twenty-five (25) feet of corner right-of-way.

    7.

    Consideration shall be given to whether a proposed fence enhances the neighborhood or blocks scenic views for nearby property owners and be aesthetically pleasing and in keeping with the character of the neighborhood, as interpreted by the zoning board.

    8.

    All fences shall be maintained in good condition, including by not limited to paint, stain, and repair of damaged portions, rusted metal, holes, loose components, and sagging fence portions.

    9.

    Abandoned and/or un-maintained fences shall be repaired or removed within fourteen (14) days of written notice given by the zoning administrator.

    10.

    A permit, application, and inspection shall be required. Compliance review by the zoning administrator will be conducted. The land owner shall assume full liability arising from any fence.

    11.

    Commercial and industrial districts fencing proposals shall be included in any plans submitted for site plan review, and will be approved or denied by the planning commission.

    (Ord. of 6-1-2021(1))

  • 15.33.040 - Exemptions.

    A.

    Temporary fences made of woven wire material placed around flower and/ or vegetable gardens do not exceed four feet in height will not require a zoning compliance permit.

    B.

    Wood or plastic snow fences for the purpose of limiting snow drifting between November 1st and April 1st, protecting construction and excavation sites, and protecting plants during grading and construction is permitted for up to one hundred eighty (180) consecutive days or for intervals not exceeding an aggregate of one hundred eighty (180) days in any calendar year.

    (Ord. of 6-1-2021(1))

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