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<br />ORllIN~CE NO. 89
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<br />~ ORDIN~CE MDPTlNG REGUlATIONS fOR HID\) IIi\1AR\J
<br />AREAS lVIlllIN TIlE INCORPORATED AREAS OF mE IDII'N OF
<br />I3OONE, COLORAID
<br />
<br />WHEREAS, the Council of the Town of Boone, Colorado has determined
<br />that there are within the Town of Boone flood hazard areas which constitute
<br />natural hazards of State and local interest, that flooding may cause serious
<br />damage to properties and subject residents of sud} areas to hazards, that the
<br />occupation of such areas is likely to cause the loss of hunan life and the
<br />destruction of property, and that the imprudent use and occupation of these
<br />areas will pose a continuing and greater future danger to I ife and property
<br />unless approprjilt~regulations arc adopted concerning the development, use,
<br />and occupation of such hazard areas; and
<br />
<br />WHEREAS, S;31-23-201, et scq., C.R.S. 1973 (a~ 8nenl1ed) makC!~ prf".
<br />visions for establishing, regulating, and limiting uses on or along any stann
<br />or floodwater runoff channel or basin as such storm or floodwater runoff chmmcl
<br />or basin has been designated and approved hy the Colorado Water Conservation
<br />Board in order to lessen or ,lVoill the hazaros to pcr~ons and clrunagc to property
<br />resulting from the accumulation of stann or floodwaters; and
<br />
<br />\~IERf:.AS, ~,29-Z0-101, ct s<Xl., C.R.S. 1973 (as amended) RuthoTize,-
<br />local governments to plan for and regulate the use of land by regulating develop-
<br />ment and,activjti~s in hazardous areas; and
<br />
<br />_ WHERFAS, S;24-65,l-101, ~., C.R.S. 1973 (as al1l',nderl) authori,cs
<br />local go'vcrnments to designate and regulate flood hazard arcaS,i and
<br />
<br />WHEREAS, this Cotmcil has given due notice of public hearing upon
<br />such ordinance by one or IOOre publications in newspapers of general circulation
<br />in the Town of Boone at least :.1 clays prior to the date of the hearing, such
<br />hearing having been held on February 15, 19A~. nod this Council h,lvin~ rlllll"01l-
<br />sidcration thereto; ,
<br />
<br />NOW ll-IEREFORE, BE IT ORDAINED, by the COlmcil or the Town of Boone,
<br />Colorado that the following he and the same hereby is adopted:
<br />
<br />SECTION 1. TNTIlOIXICTlON
<br />
<br />1.1 STATInURY AlfTHOIllZATlON
<br />
<br />The LegiSlature of the State of Colorado has in S;31-23-201, ~~_~~.;
<br />29.20-.101 et seq.; and 24-65,1'101 et scq., ell,S, !973 (,,,, amcm!c,')
<br />delegated the responsibility to local govcnunental units to adopt regu-
<br />lations designed to promote the public heal~\~ safety, and general wel-
<br />fare of its cit.izenry. ll1erefore. the Council of the Town of Boone,
<br />State of Colorado, docs resolve as Follows:
<br />
<br />1. 2 FINDING OF FACf
<br />
<br />The COl..D1cil of the TOl\TI of Boone hereby finds that there are ,."ithin
<br />the incorporated areas of the Town of Boone flood' hazard arcas which
<br />consti tute natural hazards of State and local interest, that such
<br />flooding may cause serious damage to properties and subject residents
<br />of such areas to hazards, that the occupation of such areas is likely
<br />to cause the loss of human li [0 and the destnlCtion of property, nnd
<br />the. imprudent use and occupation of these areas will pose a continuing
<br />and greater future danger to life and property unless appropriate
<br />regulations are adopted concerning the use and occupation of such
<br />haz.ard areas.
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