Garfield County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 154
FLOOD DAMAGE PREVENTION
§ 154.01 STATUTORY AUTHORIZATION.
The State Legislature has, in UCA § 17-5-77, granted responsibility to counties to adopt ordinances designed to promote the public health, general welfare of their citizenry.
(Ord. 1989-1, passed 6-26-1989)
§ 154.02 FINDINGS OF FACT.
(A) The flood hazard areas of the county are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
(B) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.
(Ord. 1989-1, passed 6-26-1989)
§ 154.03 STATEMENT OF PURPOSE.
It is the purpose of this chapter 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:
(A) To protect human life and health;
(B) To minimize expenditure of public money for costly flood control projects;
(C) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(D) To minimize prolonged business interruptions;
(E) 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;
(F) 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;
(G) To ensure that potential buyers are notified that property is in an area of hazard; and
(H) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Ord. 1989-1, passed 6-26-1989)
§ 154.04 METHODS OF REDUCING FLOOD LOSES.
In order to accomplish its purpose, this chapter includes methods and provisions for:
(A) 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 or in flood heights or velocities;
(B) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(C) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(D) Controlling filling, grading, dredging, and other development which may increase flood damage; and
(E) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(Ord. 1989-1, passed 6-26-1989)
§ 154.05 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AREA OF SPECIAL FLOOD HAZARD. The land in a floodplain within the county subject to a 1% or greater chance of flooding in any given year.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of special flood hazard.
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 water; and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM). The official map of the county on which the Federal Emergency Management Agency has delineated areas of special flood hazard designated as Zone A.
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. This term also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.
STRUCTURE. A walled and roofed building or manufactured home that is principally above ground.
SUBSTANTIAL IMPROVEMENT.
(1) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred.
(2) 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:
(a) 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
(b) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
(Ord. 1989-1, passed 6-26-1989)
§ 154.06 APPLICATION.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the county.
(Ord. 1989-1, passed 6-26-1989)
§ 154.07 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM), dated August 5, 1986, is adopted by reference and declared to be a part of this chapter. The FIRM is on file at the office of the County Building Inspector at the Garfield County Courthouse in Panguitch, Utah.
(Ord. 1989-1, passed 6-26-1989)
§ 154.08 COMPLIANCE.
No structure or land shall hereafter be constructed, located, extended, or altered without full compliance with the terms of this chapter and other applicable regulations.
(Ord. 1989-1, passed 6-26-1989) Penalty, see § 154.99
§ 154.09 CONFLICT OF LAW.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions; however, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 1989-1, passed 6-26-1989)
§ 154.10 INTERPRETATION.
In the interpretation of this chapter, all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the governing body; and
(C) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 1989-1, passed 6-26-1989)
§ 154.11 DISCLAIMER OF LIABILITY.
The degree of flood protection required by this chapter 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 human-made or natural causes. This chapter does not imply that land or permitted uses outside the areas of special flood hazards, or land uses permitted within such areas of flood hazards, will be free from flooding or flood damages. This chapter shall not create liability on the part of the county, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that may result from reliance on this chapter, or any administrative decision lawfully made thereunder.
(Ord. 1989-1, passed 6-26-1989)
§ 154.25 ESTABLISHMENT OF DEVELOPMENT PERMIT.
(A) A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 154.07. Application for a development permit shall be made on forms furnished by the County Building Inspector, and may include, but not be limited to: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures fill, storage of materials, and drainage facilities; and the location of the foregoing.
(B) Specifically, the following information is required:
(1) Elevation in relation to mean sea level of the lowest floor, including basement, of all structures;
(2) Elevation in relation to mean sea level to which any structure has been flood-proofed;
(3) Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in § 154.46(B); and
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(Ord. 1989-1, passed 6-26-1989)
§ 154.26 DESIGNATION OF THE BUILDING INSPECTOR.
The County Building Inspector is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
(Ord. 1989-1, passed 6-26-1989)
§ 154.27 RESPONSIBILITIES OF THE BUILDING INSPECTOR.
Duties of the County Building Inspector shall include, but not be limited to the following sections.
(Ord. 1989-1, passed 6-26-1989)
§ 154.28 PERMIT REVIEW.
(A) Review all development permits to determine that the permit requirements of this chapter have been satisfied;
(B) Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required; and
(C) Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this chapter, ADVERSELY AFFECTS means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas.
(1) If it is determined that there is no adverse effect, and the development is not a building, then the permit shall be granted without further consideration.
(2) If it is determined that there is an adverse effect, then technical justification (such as, a registered professional engineer’s certification) for the proposed development shall be required.
(3) If the prosed development is a building, then the provisions of this chapter shall apply.
(Ord. 1989-1, passed 6-26-1989)
§ 154.29 USE OF OTHER BASE FLOOD DATA.
When base flood elevation data has not been provided in accordance with § 154.07, the Building Inspector shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source as criteria for requiring that new construction, substantial improvements, or other development in Zone A are administered in accordance with § 154.46.
(Ord. 1989-1, passed 6-26-1989)
§ 154.30 INFORMATION TO BE OBTAINED AND MAINTAINED.
(A) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(B) For all new or substantially improved flood-proofed structures:
(1) Verify and record the actual elevation (in relation to mean sea level) to which the structure has been flood-proofed; and
(2) Maintain the flood-proofing certifications required in § 154.25(B)(3).
(C) Maintain for public inspection all records pertaining to the provisions of this chapter.
(Ord. 1989-1, passed 6-26-1989)
§ 154.31 ALTERATION OF WATERCOURSES.
(A) Notify adjacent communities and the State Division of Comprehensive Emergency Management prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; and
(B) Require that maintenance is provided within the altered or relocated portion of said watercourse, so that the flood-carrying capacity is not diminished.
(Ord. 1989-1, passed 6-26-1989)
§ 154.32 INTERPRETATION OF FIRM BOUNDARIES.
Make interpretations, where 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).
(Ord. 1989-1, passed 6-26-1989)
§ 154.45 GENERAL STANDARDS.
In all areas of special flood hazards, the following standards are required.
(A) Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure, and capable of resisting the hydrostatic and hydro-dynamic loads.
(2) All manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. 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. Specific requirements may be:
(a) Over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side;
(b) Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less that 50 feet long requiring four additional ties per side;
(c) All components of the anchoring system be capable of carrying a force of 4,800 pounds; and
(d) Any additions to the manufactured home be similarly anchored.
(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 form entering or accumulating within the components during conditions of flooding.
(C) Utilities.
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.
(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(D) Subdivision proposals.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).
(E) Encroachments. Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited in any floodway unless a technical evaluation demonstrates that the encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.
(Ord. 1989-1, passed 6-26-1989)
§ 154.46 SPECIFIC STANDARDS.
In all areas of special flood hazards where base flood elevation data has been provided, as set forth in § 154.29, the following standards are required.
(A) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, (including basement) elevated to or above base flood elevation.
(B) Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor (including basement), elevated to the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:
(1) Be flood-proofed so that below the base flood level the structure is watertight, with walls substantially impermeable to the passage of water;
(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this division (B). Such certifications shall be provided to the official as set forth in § 154.30(B).
(Ord. 1989-1, passed 6-26-1989)
§ 154.99 PENALTY.
Any person violating any of the provisions of this chapter shall be deemed guilty of a Class B misdemeanor.
(Ord. 1989-1, passed 6-26-1989)