A.   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, 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 hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to flood loss. (Ord. 09-26 § 2)

It is the purpose of floodplain hazard regulations to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions to specific areas by provisions designed:

   A.   To protect human life and health;

   B.   To minimize expenditure of public money for 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 special flood hazard; and

   H.   To ensure that those who occupy the areas of special flood hazards assume responsibility for their actions. (Ord. 09-26 § 2)

In order to accomplish its purposes, 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 floodwaters;

   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 floodwaters or which may increase flood hazards in other areas. (Ord. 09-26 § 2)

   A.   The floodplain hazard regulations of this chapter shall be supplemental to, and not in lieu of, the applicable zoning provisions of the use district in which the land is located. Property located within said floodplain hazard area shall be developed only in conformance with the provisions set forth herein. In cases of conflict between such district 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 section 17.20.050 of this chapter shall further meet the supplemental conditions and standards set forth in this chapter.

   B.   Notice shall be given to all property owners whose property lies within the designated floodplain by recordation of such restrictions with the Salt Lake County recorder. (Ord. 09-26 § 2)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.

APPEAL: A request for a review of the city's interpretation of any provisions of this chapter or a request for a variance.

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year.

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

DEVELOPMENT: Any manmade 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.

EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION: A manufactured home park for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads and the construction of streets) is completed before the effective date of floodplain management regulations adopted by the city.

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 pouring of concrete pads).

FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal emergency management agency has delineated both the areas of special flood hazards and the risk premium zones.

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

FLOOD OR FLOODING: A general or temporary condition of partial or complete inundation of normally dry land areas from: a) the overflow of inland or tidal waters; and/or b) the unusual and rapid accumulation or runoff of surface waters from any source.

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

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

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 attached to the required utilities. "Manufactured home" does not include a "recreational vehicle".

NEW CONSTRUCTION: Structures for which the start of construction commenced on or after the effective date hereof, 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 hereof.

RECREATIONAL VEHICLE: A vehicle which is: a) built on a single chassis; b) four hundred (400) square feet or less when measured at the largest horizontal projections; c) designed to be self- propelled or permanently towable by a light duty truck; and d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means 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 a 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, or manufactured home that is principally aboveground.

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 fifty percent (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 fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. This term does not, however, include either:

   A.   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 to assure safe living conditions; or

   B.   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 from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (Ord. 09-26 § 2)

   A.   Lands To Which This Chapter Applies: This chapter shall apply to all areas of special flood hazards 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 The City Of Murray, Utah", dated September 25, 2009, with an accompanying flood insurance rate map (FIRM), as well as any letters of map amendments or revisions which may hereafter be approved by the federal emergency management agency, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study (FIS) dated September 25, 2009, and FIRM are on file in the office of the city engineer, 4646 South 500 West, Murray, Utah. Future FISs and FIRMs will also be on file as they become effective.

   C.   Compliance: No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations.

   D.   Abrogation And Greater Restrictions: This chapter is not intended to repeal, abrogate, or impair any existing easement, 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.

   E.   Interpretation: In the interpretation and application of this chapter, all provisions shall be:

      1.   Considered as minimum requirements;

      2.   Liberally construed in favor of the governing body; and

      3.   Deemed neither to limit nor repeal any other powers granted under state statutes.

   F.   Warning And 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 manmade or natural causes. 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. (Ord. 09-26 § 2)

   A.   Establishment Of Development Permit:

      1.   A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 17.20.060B of this chapter;

      2.   Application for a development permit shall be made on forms furnished by the city engineer 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. Specifically, the following information is required:

         a.   Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

         b.   Elevation in relation to mean sea level to which any structure has been made flood resistant;

         c.   Certification by a registered professional engineer or architect that the flood resistant methods for any nonresidential structure meet the flood resistant criteria set forth by this chapter; and

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

   B.   Designation Of The Office Of The City Engineer: The office of city engineer, as flood administrator, is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

   C.   Duties And Responsibility Of The Office Of The City Engineer: Duties of the office of city engineer, as flood administrator, shall include, but not be limited to:

      1.   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;

         c.   Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of section 17.20.060 of this chapter are met;

      2.   Use Of Other Base Flood Data: When base flood elevation data have not been provided in accordance with basis for establishing the areas of special flood hazard, the office of city engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from any 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 specific standards;

      3.   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 resistant structures:

            (1)   Verify and record the actual elevation (in relation to mean sea level) to which the structure has been made flood resistant;

            (2)   Maintain the flood resistant certifications required in this chapter; and

            (3)   Maintain for public inspection all records pertaining to the provisions of this chapter;

      4.   Alteration Of Watercourses:

         a.   The applicant and/or the office of the city engineer shall notify adjacent communities and Salt Lake County flood control and the state of Utah prior to any alteration or relocation of a watercourse and submit evidence of such notification to the federal emergency management agency (FEMA);

         b.   The office of the city engineer shall require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished;

      5.   Interpretation Of FIRM Boundaries: The office of the city engineer shall 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). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter. (Ord. 09-26 § 2)

   A.   General Standards: In all areas of special flood hazards, the following standards are required:

      1.   Anchoring:

         a.   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 hydrodynamic loads;

         b.   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:

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

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

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

            (4)   Any additions to the manufactured home be similarly anchored;

      2.   Construction Materials And Methods:

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

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

         c.   All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

      3.   Utilities:

         a.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

         b.   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

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

      4.   Subdivision Proposals:

         a.   All subdivision proposals shall be consistent with the need to minimize flood damage;

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

         c.   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

         d.   Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less).

   B.   Specific Standards: In all areas of special flood hazards where base flood elevation data have been provided as set forth in this chapter or use of other base flood data, 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 to a minimum of one foot (1') above the base flood elevation;

      2.   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 a minimum of one foot (1') above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

         a.   Be flood resistant so that below one foot (1') above the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

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

         c.   Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section. Such certifications shall be provided to the official as set forth in subsection 17.20.070C of this chapter;

      3.   Openings In Enclosures Below The Lowest Floor: For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

         a.   A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

         b.   The bottom of all openings shall be no higher than one foot (1') above grade;

         c.   Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters;

      4.   Manufactured Homes:

         a.   Manufactured homes shall be anchored in accordance with subsection A1 of this section;

         b.   All manufactured homes, or those to be substantially improved, shall conform to the following requirements:

            (1)   Require that manufactured homes that are placed or substantially improved on a site:

               (A)   Outside of a manufactured home park or subdivision;

               (B)   In a new manufactured home park or subdivision;

               (C)   In an expansion to an existing manufactured home park or subdivision; or

               (D)   In an existing manufactured home that has incurred "substantial damage" as the 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 is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement;

            (2)   Require that manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions in subsection B4b(1) of this section be elevated so that either:

               (A)   The lowest floor of the manufactured home is at or above the base flood elevation; or

               (B)   The manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than thirty six inches (36") 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 either:

         a.   Be on the site for fewer than one hundred eighty (180) consecutive days;

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

         c.   Meet the permit requirements and elevation and anchoring requirements for resisting wind forces.

   C.   Floodways: Located within areas of special flood hazard established in this chapter 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.   Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;

      2.   If subsection C1 of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section. (Ord. 09-26 § 2)

   A.   Appeal Board:

      1.   The board of appeals, as established by the city, shall hear and decide appeals and request for variances from the requirements of this chapter;

      2.   The board of appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city in the enforcement or administration of this chapter;

      3.   Those aggrieved by the decision of the board of appeals, or any taxpayer, may appeal such decisions to any court of competent jurisdiction;

      4.   In passing upon such applications, the board of appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

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

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

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

         d.   The importance of the service provided by the proposed facility to the community;

         e.   The necessity to the facility of a waterfront location, where applicable;

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

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

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

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

         j.   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; and

         k.   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;

      5.   Upon consideration of the factors of this section and the purposes of this chapter, the board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter;

      6.   The city shall maintain the records of all appeal actions, including technical information, and report any variances to the federal emergency management agency (FEMA).

   B.   Conditions For Variances:

      1.   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base level, providing subsections A4a through A4k of this section have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justifications required for issuing the variance increases;

      2.   Variances may be issued for the reconstruction, rehabilitation or restoration of structures which qualify for the National Register of Historic Places, the State Inventory of Historic Places, or the city historic registry without regard to the procedures set forth in the remainder of this section;

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

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

      5.   Variances shall only be issued upon:

         a.   A showing of good and sufficient cause;

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

         c.   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;

      6.   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation. (Ord. 09-26 § 2)