It is the purpose of this chapter to promote public health, safety, and general welfare, and to minimize public and private losses due to flood conditions by provisions designed to:

1. Protect human life and health;
2. Minimize expenditure of public money for flood-control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard;
6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard to minimize future flood-blight areas;
   
7. Ensure that potential buyers are notified that the property is in an area of special flood hazard; and
8. Ensure that those occupying special flood hazard assume responsibility for their actions.

In order to accomplish its purposes, this chapter includes methods and provisions for:

1. Restricting or prohibiting uses that are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases of erosion, flood height, or velocities;
2. Requiring that uses vulnerable to floods, including facilities that 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 hat divert floodwaters or that may increase flood hazards in other areas.

1. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Salt Lake County, Utah, Unincorporated Areas," December 18, 1985, with accompanying Flood Insurance Rate Maps, Flood Boundary-Floodway Maps, and any revisions thereto, for areas located within the City and are adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file with Millcreek Public Works.
2. The City Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, as criteria for requiring that new construction, substantial improvements, or other development in zone A meet the provisions of this section. Such other source base flood elevation data shall be more specifically provided by the developer as provided by a registered professional engineer for subdivision and other proposed developments that contain at least fifty lots or five acres (whichever is less), at the developer’s expense.

1. Located within areas of special flood hazard established in MKZ 18.62.030 are areas designated as "floodways." Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
   1. Encroachments, including fill, new construction, substantial improvements, the placement of manufactured homes, and other developments, are prohibited unless a professional engineer licensed to practice in the State of Utah certifies that they will not increase flood levels during the base flood discharge.
   2. If subsection 1 of this section is satisfied, all new construction and substantial improvements and placement of manufactured homes shall comply with all applicable flood-hazard reduction provisions of MKZ 18.62.090 through MKZ 18.62.170.

The floodplain hazard regulations of this chapter shall be supplemental to, and not in lieu of, the applicable zoning provisions of the zone in which the land is located, and/or general provisions under MKZ 18, as amended. Property located within such areas of special flood hazard shall be developed only in conformance with the provisions set forth herein. In cases of conflict between such zone classifications and the floodplain hazard regulations, the most restrictive provisions shall govern. Permitted and conditional uses permitted in the areas of special flood hazard shall be developed only in conformance with the provisions set forth herein. All uses involving development, as defined in this chapter, shall further meet the supplemental conditions and standards set forth in this chapter.

If required by this title, a conditional use permit shall be obtained prior to special flood hazard area approval under MKZ 18.62.030. The City Engineer shall insure that requirements of this chapter are met before the permit is issued.

1. Approval by the Planning Director and City Engineer shall be obtained before construction or development begins within an area of special flood hazard established in MKZ 18.62.030. Application for such approval shall be made on forms furnished by the Planning Department, 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, drainage facilities; and the location of the foregoing.
2. Specifically, the following information is required:
   1. Elevation in relation to mean sea level of the lowest floor, including the basement, of all structures except those located in zone A where base flood elevation data was not available nor required by this chapter;
   2. Elevation in relation to mean sea level to which any structure has been floodproofed except those located in zone A where base flood elevation data was not available nor required by this chapter;
   3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in MKZ 18.62.140 through MKZ 18.62.170; and
   4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

1. The City Engineer is responsible to:
   1. Review Applications.
      1. Review all applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of MKZ 18.62.040 are met,
      2. Review all applications to determine that the requirements of this chapter have been satisfied,
      3. Review all applications to determine that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required;
   2. Maintain Information File.
      1. Obtain and record the actual elevation provided by the developer (in relation to mean sea level) of the lowest floor, including the basement, of all new or substantially improved structures except those located in zone A where base flood elevation data was not available nor required by this chapter,
         1. For all new or substantially improved floodproofed structures except those located in zone A where base flood elevation data was not available nor required by this chapter:
         2. Verify and record the actual elevation provided by the developer (in relation to mean sea level), and
         3. Maintain the floodproofing certifications required in MKZ 18.62.070 (B)(3).
   3. Maintain for public inspection all records pertaining to the provisions of this chapter;
   4. Verify Alteration of Watercourses. Verify that:
      1. A permit has been obtained from the Salt Lake County Division of Flood Control for any alteration of a watercourse identified as a flood-control facility in MKC Title 17.
      2. A permit has been obtained from the State Engineer for the alteration of a natural stream channel,
      3. Maintenance is provided for within the altered or relocated portion of such watercourse so the flood-carrying capacity is not diminished,
      4. Prior to any alteration or relocation of a watercourse, cities adjacent to it and the Utah Division of Emergency Management were notified and evidence of this notification has been submitted to the Federal Emergency Management Agency.

The following standards, set forth in MKZ 18.62.100 through MKZ 18.62.130, are required in all areas of special flood hazards.

1. All new construction and substantial improvements shall be anchored to prevent the structure’s flotation, collapse, or lateral movement.
2. All manufactured homes shall be installed using methods and practices that minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Anchoring methods may include, but are not limited to, over-the-top and frame ties to ground anchors. This requirement is in addition to applicable anchoring requirements for resisting wind forces

1. All new construction and substantial improvements shall be made of materials and utility equipment resistant to flood damage. Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities shall be designed and/or located to prevent water from entering or accumulating within the components during flooding.
2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. Fully enclosed areas below the lowest story, 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 must meet or exceed the following minimum criteria:
   1. A minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
   2. The bottom of all openings shall be no higher than one foot above grade.
   3. Openings shall have screens, louvers, or other coverings or devices that permit floodwaters to enter and exit automatically.

1. All new and replacement water-supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems, and discharge from the systems into floodwaters; and
3. On-site waste-disposal systems shall be located to avoid impairment to them or contamination from them during the flooding.

1. All subdivision proposals shall 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.
4. Such proposals and mitigation techniques shall be certified by a professional engineer.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in MKZ 18.62.030, the following provisions set out in MKZ 18.62.150 through MKZ 18.62.180 are required.

Any residential structure that is newly constructed or substantially improved shall have the lowest story, including the basement, elevated to a minimum of one foot above the base flood elevation.

1. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest story, including the basement, elevated to a minimum of one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
   1. Be floodproofed so that below one foot above 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. Provide that where a nonresidential structure is intended to be made watertight below the base flood level:
      1. A professional engineer or architect licensed to practice in the State of Utah shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction adhere to accepted standards of practice for meeting the applicable provisions of this section, and
      2. A record of such certificates which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be provided to the City Engineer as set forth in MKZ 18.62.080.A.2.a.(2).

All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is a minimum of one foot above the base flood elevation and is securely anchored to an adequately anchored foundation system.

1. The land use hearing officer in consultation with the City Engineer, as designated by the zoning ordinance of the City, shall hear and decide all appeals and requests for Floodplain variances from the requirements of this chapter, as provided in MKZ 18.15.040 (C), as amended. The following conditions shall apply, in addition to the provisions of MKZ 18.15.040 (C).
2. Generally, Floodplain 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 one foot above the base level, providing the land use hearing officer has considered all technical evaluations, all relevant factors, and standards specified in other sections of this chapter, providing the following items have been considered:
   1. The danger that materials may be swept onto other land to the injury of others;
   2. The danger to life and property due to flooding or erosion damage;
   3. The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner;
   4. The importance of the services provided by the proposed facility to the community;
   5. The necessity to the facility of a waterfront location, where applicable;
   6. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;
   7. The compatibility of the proposed use with the existing and anticipated development;
   8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
   9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
   10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
   11. 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 systems, and streets and bridges.
3. Floodplain 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.
4. Floodplain Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
5. Floodplain Variances shall only be issued upon a determination that the Floodplain variance is the minimum necessary, considering the flood hazard, to afford relief.
6. Floodplain Variances shall only be issued upon:
   1. A showing of good and sufficient cause;
   2. 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, as identified in subsection B.1 of this section, or conflict with existing local laws or ordinances.
   3. Substantial evidence was presented to meet all of the following State Code criteria:
      1. Does not constitute an unreasonable hardship;
      2. The site presents special circumstances not found elsewhere in the zone;
      3. Does not result in a loss of a property right others have in the zone;
      4. Is not contrary to the General Plan and the Public Interest; and
      5. The spirit of the ordinances is maintained.
7. Any applicant to whom a Floodplain variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below one foot above the base flood elevation and that the cost of flood insurance will be commensurate with the increased flood risk resulting from the reduced lowest floor elevation.
8. The land use hearing officer shall maintain the record of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

The degree of flood protection this chapter requires is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Human-caused or natural causes may increase flood heights. This chapter 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 chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

As used in this chapter:

1. "Lowest floor" or “lowest story” means the lowest floor or story of the lowest enclosed area (including the 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 to render the structure in violation of the applicable non-elevation design requirements of this title.
2. "Manufactured home" means a structure, transportable in one or more sections, built on a permanent chassis and designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.
3. "Manufactured home park or subdivision" means a real property divided into two or more manufactured home lots for rent or sale.