The purpose of the flood plain overlay zone is to delineate the known flood plains of all natural waterways in the city as defined by the federal insurance administration with specific intent to: a) control uses of land in the defined flood plain; b) protect human life and health; c) minimize public and private property damage; d) minimize surface and ground water pollution; e) provide for public awareness of the flooding potential; f) maintain a stable tax base; and g) help qualify owners of structures in a flood plain for the federally subsidized flood insurance program. (Ord. 673, 1-8-1980)

As used in this article, the following words and terms shall have the meanings ascribed to them in this section:

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

BASE FLOOD: A flood having an average frequency of occurrence in the order of once in one hundred (100) years, although the flood may occur in any year.

DEVELOPMENT: Any manmade changes 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 HAZARD BOUNDARY MAP (FHBM): The official map issued by the federal insurance administration where the areas of special flood hazard have been designated zone A.

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

FLOOD PLAIN: The relatively flat area of lowlands adjoining a river, stream, watercourse, lake or other body of standing water that has been or may be covered by flood water.

FLOOD PLAIN OVERLAY ZONE: Boundaries of the base flood as identified by the federal insurance administration and set forth on the flood hazard boundary map (FHBM), and as more accurately defined by the U.S. army corps of engineers as the boundaries of the intermediate regional flood for the Burch Creek drainage. The flood plain zone is designed to overlay or be superimposed over existing zoning within the defined flood plain. Such an overlay zone can be interchangeably referred to as a floating zone because the existing zone remains effective except for the conditions superimposed by the flood plain zone.

HABITABLE FLOOR: Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor."

MOBILE HOME: A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

STRUCTURE: A walled and roofed building or mobile home that is principally aboveground.

SUBSTANTIAL IMPROVEMENT:

1. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:
   1. Before the improvement or repair is started; or
   2. If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
2. The term does not, however, include either:
   1. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications, which are solely necessary to assure safe living conditions; or
   2. Any alteration of a structure listed on the national register of historic places or a state inventory of historic places. (Ord. 673, 1-8-1980; amd. 2001 Code)

The boundaries of the flood plain overlay zone are the boundaries of the base flood (100-year flood), as identified by the federal insurance administration in its flood hazard boundary map (FHBM), #4090187A, dated May 2, 1978, and is more accurately defined by the U.S. army corps of engineers as the boundaries of the intermediate regional flood for the Burch Creek drainage. The FHBM is adopted by reference and declared to be part of this article. The FHBM is on file with the city recorder. (Ord. 673, 1-8-1980)

Same as those provided for in the specific zone over which the flood plain overlay zone extends; provided, that all uses shall comply with the requirements of this article; except that any excavation or alteration of topography within the flood plain overlay zone or any alteration or relocation of natural waterways shall be permitted only when authorized by a conditional use permit as provided in chapter 15 of this title. If the proposed use involves any alteration or relocation of a natural waterway, detailed plans along with a description of the extent of such alteration or relocation shall accompany the applicant's conditional use application. (Ord. 673, 1-8-1980)

Same as those specified for the particular use in the respective zone over which the flood plain overlay zone extends. (Ord. 673, 1-8-1980)

1. Information Required: In applying for a building permit for any structure to be located within the flood plain overlay zone, the applicant shall provide the building official with the following information, certified by a registered engineer or surveyor:
   1. Ground elevation (in relation to mean sea level);
   2. Elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement;
   3. Elevation (in relation to mean sea level) to which any structure is to be floodproofed;
2. Determinations Of Building Official: Prior to issuing the building permit, the building official shall:
   1. Determine that all necessary permits have been obtained from those federal, state or local government agencies from which prior approval is necessary;
   2. Determine that the building standards in this article will be complied with;
   3. Maintain for public inspection all records pertaining to the provisions of this article.
3. Flood Base Elevation: The city engineer shall determine the base flood elevation for proposed development locations where the proposed development contains less than fifty (50) lots or five (5) acres, and in so doing shall utilize any existing base flood information from federal, state or local sources. For developments which contain fifty (50) lots of five (5) acres or more, see section 10-10A-10 of this article. (Ord. 673, 1-8-1980)
   

The following standards shall apply to construction within the flood plain overlay zone:

1. 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.
2. Nonresidential Construction: New construction and substantial improvement of any commercial, industrial or other nonresidential structures shall either have the lowest floor, including basement, elevated to or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall be floodproofed and have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy and shall be certified by a registered professional engineer or architect that these requirements are satisfied.
3. 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.
4. 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; and
   3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
5. Anchoring:
   1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;
   2. All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:
      1. Over-the-top ties be provided at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations, with mobile homes greater than fifty feet (50') long requiring one additional tie per side;
      2. Frame ties to be provided at each corner of the home with five (5) additional ties per side at intermediate points, with mobile homes greater 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 mobile home be similarly anchored. (Ord. 673, 1-8-1980)
         

Mobile home parks and mobile home subdivisions, located within zone A on the city's flood hazard boundary map (FHBM), shall file with appropriate disaster preparedness authorities an evacuation plan indicating alternate vehicular access and escape routes in the event flooding should occur. (Ord. 673, 1-8-1980; amd. 2001 Code)

The planning commission shall:

1. Notify adjacent communities and the Utah state division of water resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administration.
2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (Ord. 673, 1-8-1980)
   

1. Minimize Flood Damage: All subdivision proposals shall be consistent with the need to minimize flood damage;
2. Utility Location: All subdivision proposals shall have public utilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
3. Drainage: All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
4. Data Required: Base flood and ground elevation data shall be provided for each building site by the developer and approved by the city engineer for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less). Such data shall appear on the final subdivision linen or site plan. (Ord. 673, 1-8-1980)
   

This article 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 article shall not create liability on the part of the city, any officer or employee thereof, or the federal insurance administration, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. (Ord. 673, 1-8-1980; amd. 2001 Code)

The purpose of the SA zone is to delineate those areas within the corporate limits of the city that possess geologically and environmentally sensitive terrain with specific intent to: a) control the arrangement of the use of land in the defined SA zone; b) protect the general health, safety and welfare of the citizens of the city; c) minimize public and private property damage; and d) provide for public awareness of sensitive environs. (Ord. 673, 1-8-1980)

None. (Ord. 673, 1-8-1980)

Any use allowed as a permitted or conditional use in the respective zone over which the sensitive area overlay zone extends. The allowed uses are confined to the boundaries of their respective zones within the SA overlay zone. (Ord. 673, 1-8-1980; amd. 2001 Code)

Same as those specified for the particular use in the respective zone over which the sensitive area overlay zone extends. The allowed uses are confined to the boundaries of their respective zones within the SA overlay zone. (Ord. 673, 1-8-1980; amd. 2001 Code)

The planning commission, at its discretion, may require that a site plan submitted for a development in a sensitive area overlay zone be reviewed by a representative of any or all of the following: Utah geological survey, U.S. soil conservation service, U.S. forest service, Utah division of wildlife resources, and any or all departments of the city administration or any other professional expertise or group necessary. The intent of providing for such a review procedure is to assist the planning commission in properly designing developments in sensitive areas to assure the least detrimental effect on the land to attempt to identify and offset potential terrain hazard to present and future residents of the city. (Ord. 673, 1-8-1980)

When an application for a conditional use permit in an SA zone is received by the planning commission, the accompanying site plan shall be reviewed with consideration of, but not limited to, the following:

1. Earthquake Faults: Determine whether or not subject site is traversed by possible earthquake faults. If so, the planning commission may require the developer to engage the services of an engineering geologist recognized by the Utah geological survey to precisely locate such fault so that the planning commission can ensure that no buildings are placed on or across a fault. For reference, use Wasatch fault, a guide to land use planning by Woodward/Clyde and Associates.
2. Placement Of Buildings Near Fault: Buildings should not be placed on or across a fault, nor within fifty feet (50') thereof, unless it is determined by the planning commission that the distance of fifty feet (50') may be reduced without creating a potential hazard. The planning commission may require a greater distance from the fault line.
3. Utility Lines Crossing Faults: Flexible joints shall be required where utility lines cross identified faults.
4. Wildlife Habitat: Determine whether or not the proposed development will adversely effect a sensitive wildlife habitat, and if so, determine what measures, if any, are necessary to protect that sensitive wildlife habitat.
5. Vegetative Cover: Determine whether or not the proposed development will adversely effect existing vegetative cover, and if so, determine what measures, if any, are necessary to protect that sensitive vegetation.
6. Vehicular Traffic: Determine if the proposed development will generate sufficient vehicular traffic to cause an overloading of capacity of existing street systems, and if so, what remedies are suggested and needed.
7. Steep Slope: Determine if the proposed development site possesses areas of steep slope in excess of fifteen percent (15%) and if so, what measures, if any, are necessary to prevent adverse terrain erosion, soil instability, excessive stormwater runoff, unnecessary cut and fill and excessive street grades.
8. Landslides: Determine if the site is related to active or potential landslides, and if so, the planning commission may require that the developer engage the services of an engineering geologist to evaluate the landslide area in order to ensure against personal or public property damage.
9. Public Utilities: Determine if adequate public utilities such as storm sewer, sanitary sewer and culinary water are available to support the proposed development. If not, what facilities are necessary.
10. Compliment To Terrain: Determine if the proposed site development plan and building elevations complement the sensitive nature of the terrain, and if not, what measures are necessary to adjust those plans to enhance the overall development. (Ord. 673, 1-8-1980)
    

Any person, persons, groups, agencies, partnerships or corporations who desire to develop in a designated sensitive area overlay zone must obtain a conditional use permit application from the planning commission office. Said permit must be filled out and returned to said office with a sepia of the proposed development site plan. The planning commission staff will present the application and site plan to the planning commission at the planning commission's next regularly scheduled meeting. The planning commission will at that time determine which agencies or departments should review the site plan. Any agency or department reviewing the site plan may refer any recommendations it feels necessary regarding a particular development to satisfy the concerns of this article. The recommendations of any agency or department are in no way binding on the decision of the planning commission to grant a conditional use permit, but the planning commission may incorporate the recommendations as conditions of approval of a conditional use permit. (Ord. 673, 1-8-1980)

In the event the development application in the SA zone is for a PRUD, the site plan review procedure for the conditional use permit application shall suffice to satisfy the preliminary site plan review procedure for a PRUD as required in chapter 11 of this title. (Ord. 673, 1-8-1980)

The planning commission shall not issue a conditional use permit unless evidence is presented to establish:

1. That the proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the community; and
2. That such use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons, nor injurious to property and improvements in the community, but will be compatible with and complimentary to the intent and purpose of this article when considering the specifics in sections 10-10B-5 and 10-10B-6 of this article. (Ord. 673, 1-8-1980)
   

If the applicant is dissatisfied with the decision of the planning commission, an appeal may be submitted to the appeal authority in accordance with section 10-1-14 of this title. (Ord. 13-11, 5-21-2013, eff. 5-21-2013)