Brigham City City Zoning Code

SENSITIVE AREAS

OVERLAY ZONES

§ 156.230 PURPOSE.

(A) The purpose of this subchapter is to provide for safe, orderly and beneficial development of property within areas characterized by diversity of physiographic conditions and shown on the City Zoning Map as “Sensitive Areas Overlay Zone”; to limit alteration of topography and reduce encroachment upon, or alteration of, such areas.

(B) Physiographic conditions can be considered to include, but are not limited to, slope of the land, natural drainage ways, wetlands, soil characteristics, potential landslide areas, faults zones and wildfire hazard areas.

(Prior Code, § 29.18.010) (Ord. 07-17, passed 8-30-2007)

§ 156.231 REGULATIONS.

(A) The type of regulation applicable to the land depends upon the classification in which the land is placed, as provided in § 156.234 of this chapter.

(B) If those regulations conflict with other regulations of the city’s municipal code, the more stringent of the two regulations shall govern.

(Prior Code, § 29.18.020) (Ord. 07-17, passed 8-30-2007)

§ 156.232 SENSITIVE AREAS OVERLAY MAP.

(A) A map showing the sensitive areas overlay which specifies critical areas within the city which, when proposed for development, must go through the process outlined in this subchapter.

(B) Properties within this overlay may not be suitable for development or may only be suitable after mitigation of the hazards associated with the specific site.

(Prior Code, § 29.18.030) (Ord. 07-17, passed 8-30-2007)

§ 156.233 ALL DEVELOPMENTS(S) TO BE CONSIDERED A CONDITIONAL USE IN SENSITIVE AREAS.

Because of the environmental conditions existing within sensitive areas, all developments proposed within an area determined to be a sensitive area shall be considered a conditional use and shall be reviewed and considered consistent with the procedures for the review of a conditional use as provided in §§ 156.375 through 156.387 of this chapter.

(Prior Code, § 29.18.040) (Ord. 07-17, passed 8-30-2007)

§ 156.234 LAND CLASSIFICATIONS.

The following factors shall be used to determine the classifications of various lands and their constraints to building and development on them:

(A) Floodplain corridor lands. Lands with potential stream flow and flood hazard. The following lands are classified as floodplain corridor lands:

(1) All land contained within the 100-year floodplain as defined by the Federal Emergency Management Agency, in maps adopted by the city municipal code;

(2) All land within the area defined as floodplain corridor land in maps adopted by the City Council as provided for in § 156.236 of this chapter;

(3) All lands which have physical or historical evidence of flooding in the historical past; and

(4) All areas within 20 feet (horizontal distance) of any creek designated for riparian preservation in division (B) below and depicted as such on maps adopted by the Council as provided for in § 156.236 of this chapter.

(B) Riparian preservation and wetland areas. The lands shown on the official maps as riparian areas. These areas are identified as 75 feet from the stream centerline for streams draining a basin of greater than one square mile, and 25 feet from a stream that drain areas of one square mile or less. It also includes any areas identified as wetlands or riparian in a Federal Section 404 Permit Process;

(C) Erosive and slope failure lands. Lands with potential erosion hazards. Erosive lands and slope failure lands are lands that are subject to damage from erosion and slope failure, or defined as erosion and slope failure lands on the sensitive area overlay map (see § 156.232 of this chapter) and have a slope of 25% or greater;

(D) Earthquake fault and hazard lands. Lands with identified earthquake faults and areas prone associated earthquake hazards such as debris flows, landslides, liquefaction and rock falls, as defined on the sensitive area overlay map (see § 156.232 of this chapter);

(E) Wildfire hazard lands. Lands with potential of wildfire, as defined on the sensitive area overlay map (see § 156.232 of this chapter);

(F) Sever constraint lands. Lands with severe development limitations which generally limit normal development. The following lands are classified as severe constraint lands:

(1) All areas which are within the floodway channels; and

(2) All lands with a slope greater the 25%.

(G) Classifications cumulative. The above classifications are cumulative in their effect and, if a parcel of land falls under two or more classifications, it shall be subject to the regulations of each classification. Those restrictions applied shall pertain only to those portions of the land being developed and not necessarily to the whole parcel.

(Prior Code, § 29.18.050) (Ord. 07-17, passed 8-30-2007)

§ 156.235 REVIEW OF PROPOSED DEVELOPMENT IN SENSITIVE AREAS.

The Community Development Department, prior to scheduling any application for a development proposed to be located wholly or partially, within any sensitive area as identified by this subchapter, shall receive comments and recommendations from city departments and other reviewing agencies, as applicable.

(Prior Code, § 29.18.060) (Ord. 07-17, passed 8-30-2007)

§ 156.236 FLOODPLAIN CORRIDOR LANDS.

(A) The flood hazard areas of the city are subject to periodic inundation which results 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 public health, safety and general welfare.

(B) These flood loses 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 hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood-proofed or otherwise protected from flood damage.

(1) Purpose. It is the purpose of this section to promote the 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 public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, 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) Ensure that potential buyers are notified that property is in a flood area.

(2) Methods of reducing flood losses. In order to accomplish its purposes, this section 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; and

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

(3) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALLUVIAL FAN FLOODING. Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport and deposition; and unpredictable flow paths.

APEX. A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

AREA OF SHALLOW FLOODING. A designated AO, AH or VO Zone on a community’s Flood Insurance Rate Map (FIRM) with a 1% chance or greater annual chance of flooding to an average depth of one to three 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.

AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A-1-99, VO, V1-30, VE or V.

BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.

BASEMENT. Any area of the building having its floor sub-grade (below ground level) on all sides.

CRITICAL FEATURE. An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

DEVELOPMENT. Any human-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.

ELEVATED BUILDING.

1. A non-basement building:

a. Built, in the case of a building in Zones A-1-30, AE, A, A99, AO, AH, B, C, X and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the floor of the water; and

b. 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 A-1-30, 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.

2. In the case of Zones V1-30, VE or V, ELEVATED BUILDING also includes a building otherwise meeting the definition of ELEVATED BUILDING, even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of § 60.3(e)(5) of the National Flood Insurance Program regulations.

EXISTING CONSTRUCTION. For the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM or before 1-1-1975, for FIRMs effective before that date. EXISTING CONSTRUCTION may also be referred to as EXISTING STRUCTURES.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. 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. 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).

FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters; and

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

FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map.

FLOODPLAIN OR FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source. (See definition of FLOODING.)

FLOODPLAIN MANAGEMENT. 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. 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 PROTECTION SYSTEM. Those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a “special flood hazard” and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

FLOOD-PROOFING. Any combination of structural and 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). 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 a designated height.

FUNCTIONALLY DEPENDENT USE. 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. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE. 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 or 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. A human-made structure, usually an earthen embankment, 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.

LEVEE SYSTEM. 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.

LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). 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 § 60.3 of the National Flood Insurance Program regulations, being 42 U.S.C. §§ 4001 et seq.

MANUFACTURED HOME. A structure transportable in one 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. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

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 the purpose of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after 12-31-1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, NEW CONSTRUCTION means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION. 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.

RECREATIONAL VEHICLE. A vehicle which is:

1. Built on a single chassis;

2. Four hundred 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.

START OF CONSTRUCTION. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. Law No. 97-348)), being 16 U.S.C. §§ 3501 et seq., includes substantial improvement and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 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. A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before “start of construction” of the improvement. 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”.

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

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 certifications or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) of the National Flood Insurance Program, which is codified in § 60.03 of C.F.R. Title 44, is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

(4) General provisions.

(a) Lands to which this section applies. The section shall apply to all areas of special flood hazard within the jurisdiction of the city.

(b) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, “The Flood Insurance Study” for Brigham City, dated 9-29-2010, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this section. The city automatically adopts all effective FEMA Flood Insurance Rate Studies, and all FEMA effective Flood Insurance Rate Maps.

(c) Establishment of development permit. A development permit shall be required to ensure conformance with the provisions of this section.

(d) Compliance. No structure or land shall hereafter be located, altered or have its use changed without full compliance with the terms of this section and other applicable regulations.

(e) Abrogation and greater restrictions. This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(f) Interpretation. In the interpretation and application of this section, all provisions shall be considered as minimum requirements; liberally construed in favor of the governing body; and deemed neither to limit nor repeal any other powers granted under state statutes.

(g) Warning and disclaimer or liability. The degree of flood protection required by this section 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 human-made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section 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 section or any administrative decision lawfully made thereunder.

(5) Administration.

(a) Designation of the Floodplain Administrator. The Mayor’s appointee is hereby appointed the Floodplain Administrator to administer and implement the provisions of this section and other appropriate sections of 44 C.F.R. (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 section;

2. Review permit applications to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding;

3. Review, approve or deny all applications for development permits required by adoption of this section;

4. Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1344) from which prior approval is required;

5. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (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;

6. Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Utah NFIP Coordinator, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency;

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

8. When base flood elevation data has not been provided in accordance herewith, 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 division (B)(6) below;

9. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A-1-30 and AE on the community’s FIRM, unless it is demonstrated 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 at any point within the community; and

10. Under the provisions of 44 C.F.R. Chapter 1, § 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A-1-30, AE, AH, on the community’s FIRM which increases the water surface elevation of the base flood by more than one foot; provided that, the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision).

(c) Permit procedures. Application for a development permit shall be presented to the Floodplain Administrator on forms furnished by him or 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 areas of special flood hazard. 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 flood-proofed;

3. A certificate from a registered professional engineer or architect that the non- residential flood proofed structure shall meet the flood-proofing criteria hereof;

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

5. Maintain a record of all such information in accordance with division (B)(3) above.

(d) Approval or denial of a development permit. Approval or denial of a development permit by the Floodplain Administrator shall be based on all of the provisions of this section 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; and

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

(e) Variance procedures.

1. The Appeal Authority as established by the community shall hear and render judgment on requests for variances from the requirements of this section.

2. The Appeal Authority 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 section.

3. Any person or persons aggrieved by the decision of the Appeal Authority 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 the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

6. 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 division (B)(3)(b) above have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

7. Upon consideration of the factors noted above and the intent of this section, the Appeal Authority may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this section.

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

9. 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.

10. 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 application 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.

11. 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 divisions (B)(4)(a) through (B)(4)(i) above 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.

(6) Provisions for flood hazard reduction.

(a) General standards. In all areas of special flood hazards, 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 new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

6. 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.

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

(b) Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in divisions (B)(3)(b), (B)(4)(h) or (B)(5)(c) above, 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 one foot above the base flood elevation. A registered professional engineer, architect or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this division (B)(6)(b), as proposed herein, is satisfied.

2. Non-residential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated one foot above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is water-tight 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. A registered 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 section.

b. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the Floodplain Administrator.

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 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 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 flood waters.

4. Manufactured homes.

a. Require that 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;

b. Require that manufactured homes that are placed or substantially improved within Zones A-1-30, AH and AE on the community’s FIRM on sites outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement; and

c. Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A-1-30, AH and AE on the community’s FIRM that are not subject to the provisions hereof be elevated so that either:

i. The lowest floor of the manufactured home is at or above the base flood elevation; or

ii. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

5. Recreational vehicles. Require that recreational vehicles placed on sites within Zones A-1-30, AH and AE on the community’s FIRM either:

a. Be on the site for fewer than 180 consecutive days;

b. Be fully licensed and ready for highway use; or

c. Meet the permit requirements of division (B)(4)(a) above, and the elevation and anchoring requirements for “manufactured homes” herein. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

1. All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with divisions (B)(2), (B)(3) and (B)(4) above.

2. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet development permit requirements of divisions (B)(3)(c), (B)(4)(c) and (B)(6) above.

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 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to divisions (B)(3)(b) or (B)(4)(b)8. above.

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.

(d) Standards for areas of shallow flooding (AO/AH Zones). Located within the areas of special flood hazard established herein are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply.

1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated one foot above the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least two feet if no depth number is specified).

2. All new construction and substantial improvements of non-residential structures:

a. Have the lowest floor (including basement) elevated one foot above the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least two feet if no depth number is specified); or

b. Together with attendant utility and sanitary facilities be designed so that below the base flood level 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 of effects of buoyancy:

i. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this section, as proposed herein, are satisfied; and

ii. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.

(e) Floodways. Floodways located within areas of special flood hazard established in division (B)(3) above are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply.

1. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

2. If division (B)(5)(e)1. above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this division (B)(6).

3. Under the provisions of 44 C.F.R. Chapter 1, § 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations; provided that, the community first applies for a conditional FIRM and floodway revision through FEMA.

(Prior Code, § 29.18.070) (Ord. 07-17, passed 8-30-2007)

§ 156.237 RIPARIAN PRESERVATION LANDS.

All development in areas identified for riparian preservation, as defined in § 156.235 of this chapter, shall comply with the following standards.

(A) Development shall be subject to all development standards for floodplain corridor lands. (See § 156.236 of this chapter.)

(B) Within these areas in addition to the standards for undeveloped floodplains, no land disturbing activity is allowed, except as permitted in this section.

(C) (1) Up to 10% of the area may be disturbed for private yard structures including, but not limited to, storage sheds, gardens, yards, trails and clearings, except no disturbance is permitted for Section 404 Permit identified areas;

(2) Repair, replacement or improvement of utility facilities where:

(a) The disturbed portion of the riparian preservation lands is restored; and

(b) Non-native vegetation is removed from the riparian preservation lands and replaced with natural vegetation.

(3) Additions, alterations, rehabilitation or replacement of existing structures that do not increase existing structural footprint in the riparian preserve lands where the disturbed portion of the area is restored using native vegetative cover;

(4) Stream, wetland, riparian and upland enhancement or restoration projects;

(5) Farming practices and farm uses, excluding buildings and structures, and the pasturing of livestock within 25 feet of the stream;

(6) Routine repair and maintenance of existing structures, roadways, driveways, utility facilities, accessory uses and other development; and

(7) Measures to remove or abate nuisances, or any other violation of state statute, administrative agency rule or city ordinance.

(Prior Code, § 29.18.080) (Ord. 07-17, passed 8-30-2007)

§ 156.238 EROSIVE AND SLOPE FAILURE LANDS.

(A) All development that removes vegetation or disturbs topsoil and leaves the disturbed soil at a slope of 50% or more shall comply with the following standards.

(1) (a) Any exposed soil shall be revegetated in a manner to reestablish a vegetative community within a one-year period from issuance of a certificate of occupancy.

(b) If irrigation is not provided, then the exposed soil must be planted with species that can survive without irrigation.

(2) Vegetative cover, rock, dry or conventional masonry, or other permanent cover must be maintained on areas that have been disturbed.

(3) These restrictions shall not apply to areas of exposed bedrock which exhibit no erosion potential.

(B) (1) In addition, any cuts and/or fills greater than 250 cubic yards must be designed by an engineer to comply with current Building Code. Such cuts and/or fills shall be designed in such a manner that they will be stable for the use intended.

(2) If the excavation is not a dedicated street or a public right-of-way, the engineer shall declare to the city, after the cut and/or fill is completed, that it was constructed to plans and meets all standards set forth in the plans approved.

(3) Nothing in this section shall abridge the city’s right to inspect work in progress or in its completed state, to make appropriate measurements and tests to determine if the cut and fill was made according to plan and to require alterations prior to final approval of the cut and/or fill.

(C) (1) Any development that is proposed in erosive and slope failure lands must be shown on a master site plan at the time the final plan or plat is filed.

(2) All development must comply with the master site plan. Any improvements necessary for the implementation of the master plan (e.g., storm drains, gutters and the like), which involve two or more parcels of land must be constructed by the applicant prior to any development occurring on the parcels.

(D) All structures in erosive and slope failure lands shall have foundations that have been designed by an engineer or architect.

(E) All newly created lots or lots modified by a lot line adjustment must include a building envelope on all lots that contains a buildable area of sufficient size to accommodate the uses permitted in the underlying zone without including erosive and slope failure land, unless the division or lot line adjustment is for open space or conservation purposes.

(Prior Code, § 29.18.090) (Ord. 07-17, passed 8-30-2007)

§ 156.239 EARTHQUAKE FAULT AND HAZARD LANDS.

For those areas identified as an active or potential mapped earthquake fault and landslide areas, development may be permitted by the city upon the review and approval of an engineering geotechnical report (see § 156.241 of this chapter) identifying the following:

(A) Accurately identifying the location of earthquake faults and landslide areas;

(B) The location and description of proposed changes to the site, including any grading and excavation, vegetation removal, the location and profiles of proposed roadways, the location of proposed utility lines, the location of existing and proposed buildings and structures, and the location of all other proposed site features;

(C) The identification of measures and actions proposed to mitigate the risks from earthquake, landslides and soil disturbance including a schedule of the sequence for the installation of planned mitigation actions, including anticipated starting and completion dates; and

(D) No critical facility (excluding transportation lines or utilities which by their nature) may cross active faults or structures designed for human occupancy shall be built astride an active fault. No structure designed for human occupancy shall be built on a fault scarp. Footing setbacks from a fault scarp shall meet the requirements of the International Uniform Building Code. The Planning Commission may increase footing setback requirements where information from a geotechnical report indicates a slope condition warrant a greater setback distance.

(Prior Code, § 29.18.100) (Ord. 07-17, passed 8-30-2007)

§ 156.240 WILDFIRE HAZARDS LANDS.

(A) Requirements for subdivisions or planned developments.

(1) A Fire Prevention and Control Plan shall be required with the submission of any application for plan approval of a planned unit development or preliminary plat of a subdivision, which contains areas designated wildfire hazard areas.

(2) The Community Development Department shall forward the Fire Prevention and Control Plan to the Director of Emergency Services within three days of the receipt of a completed application. The Director of Emergency Services shall review the Fire Prevention and Control Plan, and submit a written report to the Community Development Department no less than seven days before the scheduled hearing. The Director of Emergency Services report shall be a part of the record of the planning action.

(3) The Fire Prevention and Control Plan shall include the following items:

(a) An analysis of the wildfire hazards on the site, as influenced by existing vegetation and topography;

(b) A map showing the areas that are to be cleared of dead, dying or severely diseased vegetation;

(d) A tree management plan showing the location of all trees that are to be preserved and removed on each lot. In the case of heavily forested parcels, only trees scheduled for removal shall be shown;

(e) The areas of primary and secondary fuel breaks that are required to be installed around each structure, as required by this section; and

(f) Roads and driveways sufficient for emergency vehicle access and fire suppression activities, including the slope of all roads and driveways within the wildfire lands area.

(4) The Land Use Authority shall approve the Fire Prevention and Control Plan when, in addition to the findings required by this chapter, the additional finding is made that the wildfire hazards present on the property have been reduced to a reasonable degree, balanced with the need to preserve and/or plant a sufficient number of trees and plants for erosion prevention, wildlife habitat and aesthetics.

(5) The Land Use Authority may require, through the imposition of conditions attached to the approval, the following requirements as deemed appropriate for the development of the property:

(a) Delineation of areas of heavy vegetation to be thinned and a formal plan for such thinning;

(b) Clearing of sufficient vegetation to reduce fuel load;

(d) Relocation of structures and roads to reduce the risks of wildfire and improve the chances of successful fire suppression.

(6) (a) The Fire Prevention and Control Plan shall be implemented during the public improvements required of a subdivision or planned unit development, and shall be considered part of the subdivider’s obligations for land development. The plan shall be implemented prior to the issuance of any building permit for structures to be located on lots created by partitions and for subdivisions or planned unit development not requiring public improvements.

(b) The Director of Emergency Services, or designee, shall inspect and approve the implementation of the Fire Prevention and Control Plan, and the plan shall not be considered fully implemented until the Director of Emergency Services has given written notice to the Community Development Department that the plan was completed as approved by the Land Use Authority.

(7) In subdivisions or planned unit developments, provisions for the maintenance of the Fire Prevention and Control Plan shall be included in the covenants, conditions and restrictions for the development, and the city shall be named as a beneficiary of such covenants, conditions and restrictions.

(B) Requirements for construction of all structures.

(1) All new construction and any construction expanding the size of an existing structure, shall have a “fuel break”, as defined below.

(2) A FUEL BREAK is defined as an area which is free of dead or dying vegetation, and has native, fast-burning species sufficiently thinned so that there is no interlocking canopy of this type of vegetation. Where necessary for erosion control or aesthetic purposes, the fuel break may be planted in slow-burning species. Fuel breaks do not involve stripping the ground of all native vegetation.

(3) A primary fuel break will be installed, maintained and shall extend a minimum of 30 feet in all directions around structures, excluding fences on the property. The goal within this area is to remove ground cover that will produce flame lengths in excess of one foot. Such a fuel break shall be increased by five feet for each 10% increase in slope over 10%.

(4) A secondary fuel break will be installed, maintained and shall extend a minimum of 100 feet beyond the primary fuel break where surrounding landscape is owned and under the control of the property owner during construction. The goal of the secondary fuel break is to reduce fuels so that the overall intensity of any wildfire is reduced through fuels control.

(5) All structures shall be constructed or re-roofed with Class B or better non-wood roofing materials, as determined by the current Building Code. All re-roofing of existing structures in the wildfire lands area shall be done under approval of a zoning permit. No structure shall be constructed or re-roofed with wooden shingles, shakes, wood-product material or other combustible roofing material, as defined in the current Building Code.

(6) Fuel breaks in areas which are also erosive or slope failure lands shall be included in the erosion control measures outlined in § 156.238 of this chapter.

(Prior Code, § 29.18.110) (Ord. 07-17, passed 8-30-2007)

§ 156.241 SEVERE CONSTRAINT LANDS.

(A) Severe constraint lands are extremely sensitive to development, grading, filling or vegetation removal and, whenever possible, alternative development should be considered.

(B) Development of floodways is not permitted, except for bridges and road crossings. Such crossings shall be designed to pass the 100-year flood without raising the upstream flood height more than six inches.

(D) Other development of land or approval for a planning action shall be allowed only when the following study has been accomplished. An engineering geologic study approved by the City Engineer, Public Works Department and Community Development Department establishes that the site is stable for the proposed use and development. The study shall include the following:

(1) Index map;

(2) Project description to include location, topography, drainage, vegetation and discussion of previous work and discussion of field exploration methods;

(3) Site geology, based on a surficial survey, to include site geologic maps, description of bedrock and surficial materials, including artificial fill, locations of any faults, folds and the like, and structural data including bedding, jointing and shear zones, soil depth and soil structure;

(4) Discussion of any off-site geologic conditions that may pose a potential hazard to the site, or that may be affected by on-site development;

(5) Suitability of site for proposed development from a geologic standpoint;

(6) Specific recommendations for cut slope stability, seepage and drainage control or other design criteria to mitigate geologic hazards;

(7) If deemed necessary by the engineer or geologist to establish whether an area to be affected by the proposed development is stable, additional studies and supportive data shall include cross-sections showing subsurface structure, graphic logs with subsurface exploration, results of laboratory test and references;

(8) Signature and registration number of the engineer and/or geologist; and

(9) Additional information or analyses as necessary to evaluate the site.

(Prior Code, § 29.18.120) (Ord. 07-17, passed 8-30-2007)

§ 156.242 ENGINEERING GEOTECHNICAL REPORT.

(A) The engineering geotechnical report shall be prepared by a licensed geotechnical engineer and licensed geologist. The report shall be signed and dated by the preparer and shall also include the qualifications of the preparer.

(B) The report shall be site-specific and identify all known or suspected potential geotechnical or natural hazards, originating on-site or off-site, affecting the particular property.

(C) The report shall include a detailed site map (scale: one inch equals 200 feet or larger) showing the location of the hazard(s) with delineation of the recommended setback distances from such hazards(s) and the recommended location for proposed structures.

(D) The report shall address the potential effects of the hazard(s) on the proposed development and occupants, thereof, in terms of risk and potential damage.

(E) (a) The report shall contain recommendations for avoidance or mitigation of the effects of the hazard(s). The evidence on which the recommendations and conclusions are based shall be clearly stated in the report.

(b) Trench logs (scale: one inch equals five feet or larger), aerial photographs, references with citations and other supporting information as applicable, shall also be included in the report.

(F) All engineering geotechnical report submitted to the city shall be reviewed by the Utah Geological Survey for completeness, accuracy and appropriate recommendations.

(Prior Code, § 29.18.130) (Ord. 07-17, passed 8-30-2007)

§ 156.243 DISCLOSURE OF A NATURAL HAZARD BY AN ENGINEERING GEOTECHNICAL REPORT.

Whenever a potential natural hazard is identified by a required geotechnical report under this subchapter, the owner of such parcel shall record a restrictive covenant running with the land in a form satisfactory to the city prior to the approval of any development or subdivision of such parcel which shall include the following:

(A) Notice of the existence and availability of the engineering geotechnical report that identifies the natural hazards for public inspection in the city’s Community Development office; and

(B) An agreement by the owner of the parcel and any successor in interest to comply with any conditions set by the city’s Planning Commission to minimize potential adverse effects of the natural hazard(s).

(Prior Code, § 29.18.140) (Ord. 07-17, passed 8-30-2007)