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ORDINANCE NO. 1702, SERIES 2015 AN ORDINANCE AMENDING SECTION 17.08.205 OF THE LOUISVILLE MUNICIPAL CODE TO CLARIFY THE DEFINITION OF GRADE WHEREAS, the City of Louisville is a Colorado home rule municipal corporation duly organized and existing under laws of the State of Colorado and the City Charter; and WHEREAS, the City Council is authorized by the City Charter and state law, including without limitation C.R.S. § 31 -23 -301 et. seq. to adopt and enforce regulations which may be necessary for the promotion of health, safety, morals, or the general welfare and to restrict the maximum allowed height of buildings as measured from grade; and WHEREAS, the City Council desires to amend the City's current definition of grade to better address the City's intent that building height measurements consider the effects of grading and fill activities; and WHEREAS, a core value of the City in the 2013 Comprehensive Plan promotes: "Unique commercial areas and distinctive neighborhoods... where the City is committed to recognizing the diversity of Louisville's commercial areas and neighborhoods by establishing customized policies and tools to ensure that each maintains its individual character ", and; WHEREAS, the City Council finds that it is necessary and appropriate to further amend and clarify the definition of "grade" so as to lend certainty in order to ensure each commercial area and neighborhood maintains its individual character; and WHEREAS, after a duly noticed public hearing held August 13, 2015, where evidence and testimony were entered into the record, including the Louisville Planning Commission Staff Report dated August 13, 2015, the Louisville Planning Commission has recommended the City Council adopt the amendments to the Louisville Municipal Code set forth in this ordinance; and WHEREAS, City Council has provided notice of a public hearing on said ordinance by publication as provided by law and held a public hearing as provided in said notice; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO, THAT: Section 1. Section 17.08.205 of the Louisville Municipal Code is hereby amended to read as follows (words to be added are underlined): Sec. 17.08.205. Grade (ground level). Grade (ground level) means the average of the finished grade surface elevation measured at the highest and lowest exterior corners of a structure. If fill is added to raise the surface elevation at the structure by more than one foot, then grade is Ordinance No. 1702, Senes 2015 Page 1 of 3