A.   It is hereby found that an obstruction has the potential for endangering the lives and property of users of municipal airports and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums at municipal airports; and that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of municipal airports and the public investment therein. Accordingly, it is declared:

      1.   The creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the municipal airport;

      2.   The encroachment of noise sensitive or otherwise incompatible land uses within certain areas as set forth in this article may endanger the health, safety and welfare of the owners, occupants or users of the land;

      3.   It is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented;

      4.   The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation;

      5.   Municipal airports fulfill an essential community purpose.

   B.   It is further declared that the prevention of the creation of establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or the marking and lighting of construction are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land. (2004 Code § 10.24)

This article shall be known and may be cited as the BEAVER COUNTY AIRPORT OVERLAY ZONING ORDINANCE FOR MUNICIPAL AIRPORTS. (2004 Code § 10.24)

As used in this article, unless the context otherwise requires:

AIRPORT: Municipal airport.

AIRPORT ELEVATION: The highest point of an airport's usable landing area measured in feet from mean sea level. This elevation is five thousand forty two feet (5,042') MSL (NAVD 1988) as of the date of this article.

APPROACH SURFACE: A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 9-10A-5 of this article. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES: These zones are set forth in section 9-10A-4 of this article.

BOARD OF ADJUSTMENT: A board consisting of members appointed by the county commissioners.

CONICAL SURFACE: A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand feet (4,000').

HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

HEIGHT: For the purpose of determining the height limits in all zones set forth in this article and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

HELIPORT PRIMARY SURFACE: The primary surface coincides in size and shape with the designated takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.

HORIZONTAL SURFACE: A horizontal plane one hundred fifty feet (150') above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

LARGER THAN UTILITY RUNWAY: A runway that is constructed for and intended to be used by propeller driven aircraft of greater than twelve thousand five hundred (12,500) pounds' maximum gross weight and jet powered aircraft.

NAVD 1988 (NORTH AMERICAN VERTICAL DATUM 1988): All elevations in this article are referenced to the 1983 North American datum. (To convert elevations referenced from the NAVD 1988 to the 1929 national geodetic vertical datum (NGVD 1929), subtract 3.5 feet from the NAVD 1988 elevation.)

NONCONFORMING USE: Any preexisting structure, object of natural growth or use of and which is inconsistent with the provisions of this article, or an amendment thereto.

NONPRECISION INSTRUMENT RUNWAY: A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight in nonprecision instrument approach procedure has been approved or planned. It also means a runway for which a nonprecision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

OBSTRUCTION: Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in section 9-10A-5 of this article.

PERSON: An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity. Includes a trustee, a receiver, an assignee, or a similar representative of any of them.

PRECISION INSTRUMENT RUNWAY: A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS), a precision approach radar (PAR) or a global positioning system (GPS). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

PRIMARY SURFACE: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet (200') beyond each end of that runway. For military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in section 9-10A-4 of this article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

RUNWAY: A defined area on an airport prepared for landing and takeoff of aircraft along its length.

STRUCTURE: An object, including mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.

TRANSITIONAL SURFACES: These surfaces extend outward at ninety degree (90o) angles to the runway centerline and the runway centerline extended at a slope of seven feet (7') horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of five thousand feet (5,000') measured horizontally from the edge of the approach surface and at ninety degree (90o) angles to the extended runway centerline.

TREE: Any object of natural growth.

UTILITY RUNWAY: A runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds' maximum gross weight and less.

VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach procedures. (2004 Code § 10.24)

   A.   Maps: In order to carry out the provisions of this article, there is hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to municipal airports. Such zones are shown on the municipal airport height restriction overlay zoning map. Two (2) original, official and identical copies of the airport height restriction overlay zoning map reflecting the boundaries of the airport height restriction overlay zoning districts of the county are hereby adopted, and the county commissioners are hereby authorized to sign and attest each map as the official "Airport Height Restriction Overlay Zoning Map Of Municipal Airports, Beaver County, Utah", and such maps shall be filed and maintained as follows:

      1.   One copy shall be filed for permanent record in the office of the county planning and zoning department and shall be designated as exhibit 1.

      2.   One copy shall be filed in the office of the airport manager and shall be designated as exhibit 2.

   B.   Zones Established: An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

      1.   Precision Instrument Runway Approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is one thousand feet (1,000') wide. The approach surface expands outward uniformly to a width of sixteen thousand feet (16,000') at a horizontal distance of fifty thousand feet (50,000') from the primary surface. The centerline of the approach zone is the continuation of the centerline of the runway. This criteria applies to runway 16.

      2.   Nonprecision Instrument Runway Approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is one thousand feet (1,000') wide. The approach zone begins at the edge of the primary surface and expands outward uniformly to a width of three thousand five hundred feet (3,500') at a horizontal distance of ten thousand feet (10,000') from the primary surface. The centerline of the approach zone is the continuation of the centerline of the runway. This criteria applies to runway 34.

      3.   Transitional Zone: The transitional zone begins at the edge of the primary surface and approach surface and extends horizontally perpendicular to the runway centerline to the point where its vertical height reaches one hundred fifty feet (150') above the airport elevation.

      4.   Horizontal Zone: The horizontal zone is established by swinging arcs of ten thousand feet (10,000') radii from the center of each end of the primary surface of the primary runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

      5.   Conical Zone: The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand feet (4,000'). (2004 Code § 10.24)

Except as otherwise provided in this article, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this article, to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

   A.   Precision instrument runway approach zone: Slopes fifty feet (50') outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand feet (10,000') and continues on for a distance of forty thousand feet (40,000') at a slope of forty feet (40') outward for each foot upward along the extended runway centerline.

   B.   Nonprecision instrument runway approach zone: Slopes thirty four feet (34') outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand feet (10,000').

   C.   Transitional zone: Slope seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty feet (150') above the airport elevation. In addition to the foregoing, there are established height limits sloping seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface.

   D.   Horizontal zone: Established at one hundred fifty feet (150') above the airport elevation or at a height of five thousand one hundred ninety two feet (5,192') above mean sea level (MSL).

   E.   Conical zone: Slopes twenty feet (20') outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty feet (150') above the airport elevation (5,192 feet MSL) and extending to a height of three hundred fifty feet (350') (5,392 feet MSL) above the airport elevation. (2004 Code § 10.24)

   A.   Airport Compatible Land Use Overlay Zoning Districts Established: For the purpose of regulating the development of noise sensitive land uses to promote compatibility between the airport and the surrounding land uses, to protect the airport from incompatible development and to promote the health, safety and general welfare of property users, the controlled area of municipal airports is divided into the following airport compatible land use overlay zoning districts. The airport compatible land use overlay zoning districts established herein shall be known as:

 

 

   B.   Airport Compatible Land Use Overlay Zoning Map:

      1.   The boundaries of the airport compatible land use overlay zoning districts set out herein are delineated upon the "Airport Compatible Land Use Overlay Zoning District Map For Municipal Airport, Beaver County, Utah", said airport compatible land use overlay zoning district map being adopted by reference and made a part of this article as fully as if the same were set forth herein in detail.

      2.   Two (2) original, official and identical copies of the airport compatible land use overlay zoning district map reflecting the boundaries of the airport compatible land use overlay zoning districts of municipal airports of the county, are hereby adopted, and the county commissioners hereby authorized to sign and attest each map as the official "Airport Compatible Land Use Overlay Zoning District Map For Municipal Airports, Beaver County, Utah", and such maps shall be filed and maintained as follows:

         a.   One copy shall be filed for permanent record in the office of the planning and zoning department and shall be designated as exhibit 1.

         b.   One copy shall be filed in the office of the airport manager and shall be designated as exhibit 2.

   C.   Airport Compatible Land Use Overlay Zoning District Boundaries:

      1.   The airport compatible land use overlay zoning district boundary lines shown on the official airport compatible land use overlay zoning district map shall be located and delineated along contour lines established for municipal airports. Where uncertainty exists as to the boundaries of the airport compatible land use overlay zoning districts as shown on the official map, the following rules shall apply:

         a.   Boundaries shall be scaled from the nearest physical feature shown on the map.

         b.   Boundaries may be scaled from the nearest platted lot line as shown on the map.

         c.   Distances not specifically indicated on the original airport compatible land use overlay zoning district map shall be determined by a scaled measurement on the map.

      2.   Where physical features on the ground differ from the information shown on the official airport compatible land use overlay zoning district map or when there arises a question as to how or where a parcel of property is zoned and such questions cannot be resolved by the application of subsection C1 of this section, the property shall be considered to be classified as the most restrictive airport compatible land use overlay zoning district.

      3.   Where a parcel of land lies within more than one airport compatible land use overlay zoning district, the zone within which each portion of the property is located shall apply individually to each portion of the development.

   D.   Use Of Land And Buildings:

      1.   Within the airport compatible land use overlay zoning districts, as defined herein, no land shall hereafter be used and no structure or other object shall hereafter be erected, altered, converted or modified other than for those compatible land uses permitted by underlying comprehensive zoning districts, as specified in this title. Additional land uses are prohibited in the airport compatible land use overlay zoning districts, regardless of underlying zoning, as set forth in the compatible land use table adopted, hereby referenced as figure A and made a part of this article as fully as if the same were set forth herein in detail.

      2.   Where any use of prohibited land and buildings set forth in subsection D1 of this section conflicts with any use of land and buildings set forth in this title as an allowed use on the zoning district map, this article shall apply.

      3.   Where the official airport compatible land use overlay zoning district map indicates an area as being outside the limits of the county, the prohibited uses, as set forth in subsection D1 of this section shall apply as though the area is within the county and no structure or object shall be erected, altered, converted or modified except to comply with uses not prohibited by this article.

      4.   Subsection D1 of this section does not apply to property within the official boundaries of the airport. The approved airport layout plan shall depict approved land uses on airport property.

      5.   Where specified on the airport compatible land use table, the property owner shall dedicate, in advance of receiving a building permit, an aviation easement to the county. The purpose of this easement shall be to establish a maximum height restriction on the use of property and to hold the public harmless for any damages caused by noise, vibration, fumes, dust, fuel, fuel particles or other effects that may be caused by the operation of aircraft landing at, taking off from, or operating on or at public airport facilities.

   E.   Additional Land Use Regulations:

      1.   Within the county, the more restrictive of this title or subsection D1 of this section shall apply to the development of all property covered by the airport compatible land use overlay zoning district map.

      2.   On property within the airport compatible land use overlay zoning district map jurisdiction, but outside the county limits, subsection D1 of this section shall apply to the property to establish the prohibited uses, but no other provisions of this title shall apply to this property.

      3.   Notwithstanding any other provisions of this article or other provisions of this title, no use may be made of land, water or structures within any zone established by this article in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, or result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; create bird strike hazards, or otherwise in any way endanger or interfere with the landing, taking off or flight operations of aircraft utilizing the airport.

      4.   When a subdivision plat is required for any property within an airport compatible land use overlay zoning district or within an area shown on the airport height restriction overlay zoning map for municipal airports, the property owner shall dedicate a navigation easement to the county over and across that property. This easement shall establish a height restriction on the use of the property and hold the public harmless from any damages caused by noise, vibration, fumes, dust, fuel, fuel particles or other effects that may be caused by the operation of aircraft taking off, landing or operating on or near municipal airports. (2004 Code § 10.24; amd. 2015 Code)

   A.   Regulations Not Retroactive: The regulations prescribed by this article shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date hereof, or otherwise interfere with the continuance of nonconforming uses. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date hereof, and is diligently prosecuted.

   B.   Marking And Lighting: Notwithstanding subsection A of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the county to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the municipal airport. (2004 Code § 10.24)

   A.   Future Uses: Except as specifically provided in subsections A1 and A2 of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the regulating use, structure or tree would conform to the regulations herein prescribed. An FAA form 7460-1, notice of proposed construction or alteration shall accompany each application. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with subsection D of this section.

      1.   In the area lying within twenty thousand feet (20,000') of a runway, no permit shall be required by this article for any tree or structure less than two hundred feet (200') above ground level which is also lower than an imaginary surface extending outward and upward at a slope of one hundred feet (100') horizontal for each one foot (1') vertical beginning at the closest point of the closest runway.

      2.   In the area lying beyond twenty thousand feet (20,000') of a runway, no permit shall be required by this article for any tree or structure less than two hundred feet (200') above ground level.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height limits established by this article.

   B.   Existing Uses: No permit shall be granted that would allow the establishment or creation of any obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date hereof, or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

   C.   Nonconforming Uses Abandoned Or Destroyed: Whenever the county determines that a nonconforming tree or structure has been abandoned or more than eighty percent (80%) torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

   D.   Variances:

      1.   Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the regulations prescribed in this article, may apply to the board of adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the federal aviation administration as to the effect of a proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this article.

      2.   Additionally, no application for variance to the requirements of this article may be considered by the board of adjustment unless a copy of the application has been furnished to the county for advice as to the aeronautical effects of the variance. If the county does not respond to the application within fifteen (15) days after receipt, the board of adjustment may act on its own to grant or deny said application.

   E.   Obstruction Marking And Lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as a condition may be modified to require the owner to permit the municipal airport, at its own expense, to install, operate and maintain the necessary markings and lights. (2004 Code § 10.24)

It shall be the duty of the county to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the county upon a form published for that purpose. Applications required by this article to be submitted to the county shall be promptly considered and granted or denied. Application for action by the board of adjustment shall be forthwith transmitted by the county. (2004 Code § 10.24)

Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirements shall govern and prevail. (2004 Code § 10.24)

Each violation of this article or of any regulations, order or ruling promulgated hereunder shall constitute a class C misdemeanor and shall be subject to penalty as provided in section 1-4-1 of this code; and each day a violation continues to exist shall constitute a separate offense. (2004 Code § 10.24; amd. 2015 Code)

   A.   The purpose of this overlay district is to protect the public health, safety and general welfare, and to minimize hazards due to flooding in specific areas as identified by the latest adopted flood insurance rate maps, in addition to the following:

      1.   To minimize expenditure of public money for costly flood control projects;

      2.   To minimize the need for the rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

      3.   To minimize prolonged business interruption;

      4.   To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

      5.   To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

      6.   To ensure that potential buyers are notified that property is in an area of special flood hazard; and

      7.   To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

   B.   In order to accomplish its purposes, this article includes methods and provisions for:

      1.   Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion of flood heights or velocities;

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

      3.   Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;

      4.   Controlling filling, grading, dredging and other development which may increase flood damage; and

      5.   Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (2004 Code § 10.26.010)

In addition to those terms defined in section 9-1-6 of this title, the following definitions shall apply:

APPEAL: A request for a review of the county engineer's interpretation of any provision of this article.

AREA OF SHALLOW FLOODING: A designated AO, AH or VO zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet (3'); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD: See definition of Special Flood Hazard Areas (SFHA).

AREA OF SPECIAL FLOOD RELATED EROSION HAZARD: An area subject to severe flood related erosion losses. Shall be designated as zone E on the flood insurance rate map (FIRM).

AREA OF SPECIAL MUDSLIDE (i.e., MUDFLOW) HAZARD: The area subject to severe mudslides (i.e., mudflows). The area is designated as zone M on the flood insurance rate map (FIRM).

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year (also called the "100-year flood").

FLOOD BOUNDARY AND FLOODWAY MAP: The official map on which the general emergency management agency or federal insurance administration has delineated both the areas of flood hazard and the floodway.

FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal emergency management agency or federal insurance administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY: The official report provided by the federal insurance administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood.

FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of floodwaters, the unusual and rapid accumulation or runoff of surface water from any source and/or the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventative measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS: Development code, building codes, health regulations, special purpose ordinances (i.e., 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.

FLOODPLAIN OR FLOOD PRONE AREA: The operation of an overall program of corrective and preventative measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

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

FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1'). Also referred to as "regulatory floodway".

FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.

HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article.

MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent.

MEAN SEA LEVEL: For purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

NEW CONSTRUCTION: For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date hereof.

100-YEAR FLOOD: A flood which has a one percent (1%) annual probability of being equaled or exceeded. It is identical to the "base flood", as defined in this section, which will be the term used throughout this article.

REMEDY A VIOLATION: To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this article, or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

RIVERINE: Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

SPECIAL FLOOD HAZARD AREAS (SFHA): An area having special flood or flood related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1-30, AR, A99, AH, VO, V1-V30, VE or V.

SUBSTANTIAL IMPROVEMENT: A. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

      1.   Before the improvement or repair is started; or

      2.   If the structure has been damaged, and is being restored, before the damage occurred.

   B.   For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

      1.   Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

      2.   Any alteration of a structure listed on the national register of historic places or a state inventory of historic places.

VIOLATION: 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 certificates or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided. (2004 Code § 10.26.020; amd. 2015 Code)

   A.   Applicability: This article shall apply to all areas of special flood hazard, areas of flood related erosion hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of the county.

   B.   Map Adopted: The areas of special flood hazard, areas of flood related erosion hazards and areas of mudslide (i.e., mudflow) hazards identified by the federal emergency management agency or the federal insurance administration on a flood insurance rate map is hereby adopted by reference and declared to be a part of this article. This flood insurance study is the minimum area of applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the council by an engineer designated as the "county engineer".

   C.   Compliance Required; Penalty: No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this article and other applicable regulations. Violations of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code. Nothing herein shall prevent the county from taking such lawful action as is necessary to prevent or remedy any violation.

   D.   Interpretation: In the interpretation and application of this article, 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.

   E.   Nonliability: The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazard, areas of flood related erosion hazards and areas of mudslide (i.e., mudflow) hazards 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 county, any officer or employee thereof, or the federal insurance administration, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. (2004 Code § 10.26.030; amd. 2015 Code)

   A.   Permit Required: A flood control development permit shall be obtained before construction or development begins within any area of special flood hazard, areas of flood related erosion hazards or areas of mudslide (i.e., mudflow) established in section 9-10B-3 of this article. An application for a flood control development permit shall be made on forms furnished by the county building inspector, county planning commission or an engineer designated by the county commission, and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of same. Specifically, the following information is required:

      1.   Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in zone AR or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;

      2.   Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

      3.   All appropriate certifications listed in section 9-10B-5 of this article; and

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

   B.   Grant Or Denial Of Permit: The county commission, county building inspector, or a professional engineer designated by the county commission, acting in the capacity as the county engineer, is hereby appointed to administer and implement this article by granting or denying flood control development permits in compliance with its provisions.

   C.   Duties, Responsibilities: The duties and responsibilities of the county commission, county building inspector or the county engineer, as related to this article, shall include, but not be limited to:

      1.   Permit Review:

         a.   Review all flood control development permits to determine that the permit requirements of this article have been satisfied;

         b.   All other required state and federal permits have been obtained;

         c.   The site is reasonably safe from flooding;

         d.   The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined, but the floodway has not been designated. For purposes of this article, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot (1') at any point.

      2.   Base Flood Elevation Data: When base flood elevation data has not been provided in compliance with section 9-10B-3 of this article, the county commission, county building engineer or county engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer section 9-10B-5 of this article. Any such information shall be submitted to the county commission for adoption.

      3.   Watercourse Altered Or Relocated: Whenever a watercourse is to be altered or relocated, the county commission or county engineer shall:

         a.   Notify adjacent communities prior to the alteration or relocation of a watercourse and submit evidence of the notification to the federal insurance administration;

         b.   Require that the flood carrying capacity of the altered or relocated portion of the watercourse is maintained.

      4.   Certifications, Appeals And Variances: Secure and maintain for public inspection and availability the certifications, appeals and variances identified in sections 9-10B-5 and 9-10B-9 of this article.

      5.   Boundaries: Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard, areas of flood related erosion hazards or areas of mudslide (i.e., mudflow) (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 9-10B-9 of this article.

      6.   Remedy: Take action to remedy violations of this article. (2004 Code § 10.26.040)

In all areas of special flood hazard, the following standards shall apply:

   A.   Anchoring:

      1.   All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

      2.   All manufactured homes shall meet the anchoring standards of subsection F of this section.

   B.   Construction Materials And Methods:

      1.   All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

      2.   All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

      3.   All new construction and 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.

      4.   Require within zones AH, AO or VO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

   C.   Elevation And Floodproofing:

      1.   New construction and substantial improvement of structures shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures shall meet the standards in subsection C3 of this section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer to be properly elevated. The certification or verification shall be provided to the county commission or county engineer.

      2.   New construction and substantial improvement of any structure in zone AH, AO or VO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet (2') if no depth number is specified. Nonresidential structures shall meet the standards in subsection C3 of this section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer, or verified by the building inspector to be properly elevated. The certification or verification shall be provided to the county engineer.

      3.   Nonresidential construction shall either be elevated in conformance with subsection C1, C2 or C4 of this section, or together with attendant utility and sanitary facilities:

         a.   Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

         b.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

         c.   Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. The certifications shall be provided to the county commission or county engineer.

      4.   Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that 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 professional engineer or architect to meet or exceed the following minimum criteria:

         a.   Either a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot (1') above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; or

         b.   Be certified to comply with a local floodproofing standards approved by the federal insurance administration.

      5.   Manufactured homes shall also meet the standards in subsection F of this section.

   D.   Standards For Utilities:

      1.   All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.

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

   E.   Standards For Subdivisions:

      1.   Identify the flood hazard area and the elevation of the base flood.

      2.   All final maps shall provide the elevation of proposed structure and pads. If the site is filled above the base flood, the final pad elevation shall be verified by a registered engineer or surveyor and provided to the county commission or the county engineer.

      3.   All proposals shall be consistent with the need to minimize flood damage.

      4.   All proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

      5.   All proposals shall provide adequate drainage to reduce exposure to flood hazards.

   F.   Standards For Manufactured Homes: All new and replacement manufactured homes and additions to manufactured homes shall be constructed in the following manner:

      1.   Be elevated so that the lowest floor is at or above the base flood elevation; and

      2.   All manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over the top and frame ties to ground anchors. Specific requirements include:

         a.   Over the top ties be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations, with manufactured homes less than fifty feet (50') long requiring one additional tie per side;

         b.   Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points, with manufactured homes less than fifty feet (50') long requiring four (4) additional ties per side;

         c.   All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and

         d.   Any additions to the manufactured homes be similarly anchored. (2004 Code § 10.26.050)

   A.   Located within areas of special flood hazard established in subsection 9-10B-3B of this article are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

   B.   If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of section 9-10B-5 of this article. (2004 Code § 10.26.060)

   A.   Review: The county building inspector or county engineer shall review permits for proposed construction or other development to determine if it is proposed within a mudslide area.

   B.   Considerations: Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination shall include, but are not limited to:

      1.   The type and quality of soils;

      2.   Evidence of groundwater or surface water problems;

      3.   The depth and quality of any fill;

      4.   The overall slope of the site; and

      5.   The weight that any proposed development will impose on the slope.

   C.   Requirements With Mudslide Areas: Within areas which have mudslide hazards, the following requirements shall apply:

      1.   A site investigation and further review shall be made by persons qualified in geology and soils engineering.

      2.   The proposed grading, excavation, new construction and substantial improvements shall not aggravate the existing hazard by creating either on site or off site disturbances; and

      3.   Drainage, planting, watering and maintenance shall not endanger slope stability. (2004 Code § 10.26.070)

   D.   Excavation, Grading And Drainage: Within zone M on the flood insurance rate map, excavation, grading and drainage shall be constructed in compliance with the applicable chapter of the international building code. The following information shall be provided: (2004 Code § 10.26.070; amd. 2015 Code)

      1.   The location of foundation and utility systems of new construction and substantial improvements;

      2.   The location, drainage and maintenance of all excavations, cuts and fills, and planted slopes;

      3.   Protective measures, including, but not limited to, retaining walls, fills, subdrains, diverter terraces, benchings, etc.; and

      4.   Engineering drawings and specifications to be submitted for all corrective measures, accompanied by supporting soils engineering and geology reports. (2004 Code § 10.26.070)

   A.   Development Permit Required: The county building inspector or the county engineer shall require permits for proposed construction and other development within all flood related erosion prone areas identified within the county.

   B.   Review: The permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood related erosion and will not cause flood related erosion hazards or otherwise aggravate the existing hazard.

   C.   Relocation Or Protective Measures: If a proposed improvement is found to be in the path of flood related erosion or would increase the erosion hazard, the improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard. (2004 Code § 10.26.075)

The board of adjustment shall hear and decide appeals and requests for flood control variances from the requirements of this article.

   A.   Appeals:

      1.   Permitted: The board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the county commission or county engineer in the enforcement or administration of this article.

      2.   Considerations: In passing upon such applications, the board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article; and

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

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

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

         d.   The importance of the services provided by the proposed facility to the county;

         e.   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

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

         g.   The relationship of the proposed use to the general plan and floodplain management program for that area;

         h.   The safety of access to the property in time of flood for ordinary and emergency vehicles;

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

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

   B.   Variances:

      1.   Historic Structures: Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the national register of historic places, without regard to the procedures identified in the remainder of this section.

      2.   Permitted Variances: Generally, variances may be issued for new construction and substantial improvements to be erected on a lot one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items in sections 9-10B-5 through 9-10B-9 of this article have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.

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

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

      5.   Considerations: Flood control variances shall only be issued if:

         a.   There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property, which do not apply generally to other property in the same flood zone;

         b.   A determination that failure to grant the variance would result in exceptional hardship to the applicant;

         c.   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.

      6.   Functionally Dependent Uses: Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the provisions of sections 9-10B-5 through 9-10B-8 of this article are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

      7.   Imposition Of Conditions: Upon consideration of the factors in this section and the purposes of this article, the commission may impose conditions to the granting of flood control variances as it deems necessary to further the purposes of this article.

      8.   Notice, Recording Requirements: Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the county engineer, county building inspector or the county commission in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

      9.   Records, Reporting: The county commission, county building inspector or county engineer shall maintain the records of all appeal actions and report any variances to the federal insurance administration upon request. (2004 Code § 10.26.080)

   A.   The purpose of the SA district is to designate and describe those areas within the local jurisdiction that possess physical and/or environmental characteristics which require special public consideration of use applications which might affect the structure of the land; the management of surface or subsurface water; safety of future land occupants due to increased fire, earthquake or storm hazards from the proposed development; or the uneconomic extension of public facilities and services. Of specific concern is development in flood prone areas, earthquake zones, landslide areas, areas of steep slope or unstable soils, and other sensitive areas requiring careful assessment prior to alteration.

   B.   It is the intent of these regulations to permit the widest possible latitude in the use of property, while at the same time requiring design solutions which will avoid detrimental impacts on sensitive natural areas, as well as provide protection from adverse natural forces and hazards. (2004 Code § 10.25.010)

The following uses are permitted in the SA district:

Horticulture and gardening, excluding agricultural industries.

Raising crops.

Tilling soil. (2004 Code § 10.25.020)

The SA district is an overlay district whose sole effect is to require additional review of proposed uses in the underlay districts. To this end, any permitted use in a district overlaid by an SA district, with the exception of those uses permitted in section 9-10C-2 of this article, is a conditional use. Conditional uses authorized in districts overlaid by the SA district remain conditional uses. (2004 Code § 10.25.030)

   A.   Definitions:

 

   B.   Factors Used To Determine The Location Of A Large Concentrated Animal Feeding Operation (L-CAFO):

      1.   The location of large concentrated animal feeding operations shall be determined in keeping with the provisions of this section and Utah Code Annotated section 17-27a-1104, factoring considerations of distances measured in feet from the following:

         a.   Residential Zones: Varying distances as close as twenty six thousand four hundred feet (26,400') for multi-species large concentrated animal feeding operations and ten thousand five hundred sixty feet (10,560') for cattle, veal calf, or dairy cow operations.

         b.   Health Care Facilities: Varying distances as close as twenty six thousand four hundred feet (26,400') for multi-species large concentrated animal feeding operations and ten thousand five hundred sixty feet (10,560') for cattle, veal calf, or dairy cow operations.

         c.   Public Areas: Varying distances as close as ten thousand five hundred sixty feet (10,560') for all large concentrated animal feeding operations.

         d.   Education Institutions: Varying distances as close as twenty six thousand four hundred feet (26,400') for multi-species large concentrated animal feeding operations and ten thousand five hundred sixty feet (10,560') for cattle, veal calf, or dairy cow operations.

         e.   Religious Institutions: Varying distances as close as twenty six thousand four hundred feet (26,400') for multi-species large concentrated animal feeding operations and ten thousand five hundred sixty feet (10,560') for cattle, veal calf, or dairy cow operations.

         f.   Commercial Enterprises: Varying distances as close as ten thousand five hundred sixty feet (10,560') for all large concentrated animal feeding operations.

         g.   Municipal Boundaries: Varying distances as close as twenty six thousand four hundred feet (26,400') for multi-species large concentrated animal feeding operations and ten thousand five hundred sixty feet (10,560') for cattle, veal calf, or dairy cow operations.

         h.   State Or County Highways Or Roads: Varying distances as close as five thousand two hundred eighty feet (5,280') for all large concentrated animal feeding operations.

      2.   Considerations of prevailing winds, topography, economic benefits to the county, and reasonable access to transportation, water, and power infrastructure, as well as other reasonable criteria such as water recharge zones, underground aquifers, and groundwater reservoirs shall also be considered in determining the location of a large concentrated animal feeding operation (L-CAFO).

   C.   Large Confined Animal Feeding Operation (L-CAFO) Overlay Map: Factoring the considerations set forth within this section and within Utah Code Annotated sections 17-27a-1101 through 17-27a-1104 and subsection B2, the County hereby adopts the Large Confined Animal Feeding Operation Overlay Map attached to Ordinance 2021-09 and hereby incorporated by reference as if laid out fully herein. (Ord. 2021-09, 2-1-2022)