A.

Purpose. The purpose of the Public Facilities (PF) Zone District is to designate those areas within the City that in which are owned by a political subdivision of the state. The purpose of these facilities is to provide services or land uses that benefit the citizens of Tremonton City.

B.

Permitted Uses. The following uses are permitted in the PF Zone, and other uses that the Zoning Administrator interprets as similar in purpose or use:

1.

Public and special events;

2.

Utilities, transmission, pad, facility, etc;

3.

Equestrian uses and recreational vehicle park (Box Elder County Fair Grounds only);

4.

Educational activities;

5.

Storm water drainage and basins;

6.

Public trails and parks;

7.

Public safety related activities (including fire and police stations);

8.

Accessory buildings and outdoor storage;

9.

Libraries;

10.

Office space;

11.

Public services;

12.

Wastewater treatment facilities;

13.

Recycling and green waste collection areas;

14.

Communication towers and antennas;

15.

Animal shelter;

16.

Warehouse;

17.

Public Facilities;

18.

Cemetery (Riverview Cemetery only).

C.

Conditional Uses. None.

D.

Lot Regulations. None.

(Ord. No. 25-20, Exh. A, 10-21-2025)

A.

Purpose. The purpose of the Sensitive Area (SA) Zone District is to designate those areas within the City that possess physical and/or environmental characteristics which require regulations due to surface or high water; susceptibility of wild-land fires, earthquake, and flood or storm hazards. Of specific concern is development in flood-prone areas, earthquake zones, landslide areas, areas of steep slope or unstable soils, and other sensitive lands. It is the intent of these regulations to avoid detrimental impacts on sensitive lands, and limit the magnitude of adverse natural forces and hazards on lands that are prone to these types of events.

B.

Permitted Uses. Subject to any restrictions within the Flood Damage Prevention Overlay District and any federal or state regulatory agencies, the following uses are permitted in the SA Zone:

1.

Tilling of the soil;

2.

Keeping/Grazing of animals;

3.

Horticulture and gardening, excluding agricultural;

4.

Public trails and parks;

5.

Storm water drainage and basins; and

6.

Public Facilities.

C.

Conditional Uses. None.

D.

Lot Regulations. None.

(Ord. No. 25-20, Exh. A, 10-21-2025)

A.

Purpose. In accordance with Utah Code 17-41-402 in general, the City may not change the zoning designation of or a zoning regulation affecting land within an Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas unless the City receives written approval for the change from all the landowners within the protection area affected by the change. As such, the purpose of the Protection Area Zone is to reaffirm the original zoning designation and zoning regulations that the landowner received when their land was designated as either as an Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas. Additionally, the purpose of the Protection Area Zone is to educate and raise awareness of developers and residents within the City that protection areas are protected from any adverse effects of development and help ensure the right to continue such lawful uses within the relevant Protection Areas.

B.

Permitted Uses. Subject to any allowance, to the contrary in Utah Code 17-41 Agricultural, Industrial, or Critical Infrastructure Materials Protection Area or other sections of Utah Code, the following uses are permitted within the Protection Area Zone:

1.

The original zoning designation and zoning regulations that the landowner received by designating their land as an Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas. The burden of proving the original zoning designations and zoning regulations is the landowner.

2.

As allowed by Utah Code 17-41-301(3) any an Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas may include within its boundaries land used for a roadway, dwelling site, park, or other nonagricultural use, in the case of an industrial protection area, nonindustrial use, or in the case of a critical infrastructure materials protection area, use unrelated to critical infrastructure materials operations if that land constitutes a minority of the total acreage within the relevant protection area.

C.

Prohibited Uses. Any limits or restrictions on the types of agriculture production, industrial use, or critical infrastructure materials operations that were proposed by the landowner with the original application for the Protection Area and/or otherwise approved by the Governing Body that approved the creation of the relevant protection area in accordance with Utah Code 17-41-301.

D.

Future Prohibited Uses. As allowed by Utah Code 17-41-402 (1), City reserves the future right to enact a local law, ordinance, or regulation that bears a direct relationship to public health or safety for land within the Protection Area Zone.

E.

Conditional Uses. None.

F.

Lot Regulations. None.

(Ord. No. 25-20, Exh. A, 10-21-2025)

A.

Statutory Authorization. The Legislature of the State of Utah has delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Tremonton, Utah, does ordain as follows:

B.

Findings Of Fact.

1.

The Flood Hazard areas of Tremonton City are subject to periodic inundation, which may result 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.

2.

These flood losses may be 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 may be inadequately elevated, Floodproofed or otherwise protected from flood damage.

C.

Statement Of Purpose. It is the purpose of this Ordinance 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:

1.

Protect human life and health;

2.

Minimize expenditure of public money for costly 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, fiber, and sewer lines, streets and bridges located in Floodplains;

6.

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

7.

Ensure that potential buyers are notified that property is in a flood area.

D.

Methods Of Reducing Flood Losses.

1.

In order to accomplish its purposes, this Ordinance 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 floodwaters;

d.

Control filling, grading, dredging and other development, which may increase flood damage;

e.

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

E.

Definitions. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted to give them the meaning they have in common usage and to give this Ordinance it's most reasonable application.

1.

ALLUVIAL FAN FLOODING means 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.

2.

APEX means 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.

3.

AREA OF SHALLOW FLOODING means a designated AO, AH, or VO zone on the City's Flood Insurance Rate Map (FIRM) with a one (1) percent chance or greater annual chance of flooding to an average depth of one (1) to three (3) 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.

4.

AREA OF SPECIAL FLOOD HAZARD is the land in the floodplain within the City subject to a one percent 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, A1-99, VO, V1-30, VE or V.

5.

BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year.

6.

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

7.

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

8.

DEVELOPMENT means any man-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.

9.

ELEVATED BUILDING means a non-basement building:

a.

Built, in the case of a building in Zones A1-30, 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 flow 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 A1-30, 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. 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 Section 60.3(e)(5) of the National Flood Insurance Program regulations.

10.

EXISTING CONSTRUCTION means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM (September 29, 2010) or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures.

11.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means 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 the City.

12.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means 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).

13.

FLOOD OR FLOODING means a general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters.

b.

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

14.

FLOOD INSURANCE RATE MAP (FIRM) means an official map of the City, 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.

15.

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

16.

FLOODPLAIN OR FLOOD-PRONE AREA means any land area susceptible to being inundated by water from any source (see definition of flooding).

17.

FLOODPLAIN MANAGEMENT means 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.

18.

FLOODPLAIN MANAGEMENT REGULATIONS means 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.

19.

FLOOD PROTECTION SYSTEM means 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.

20.

FLOOD PROOFING means 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.

21.

FLOODWAY (REGULATORY FLOODWAY) means 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.

22.

FUNCTIONALLY DEPENDENT USE means 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.

23.

HARDSHIP (Use Variance) When used in the context of [Section 1.15.020 G] zoning variances of these regulations, unusual physical circumstances peculiar to the subject property and not to the neighborhood in general which would result in a deprivation of all permitted uses or conditional uses under its zoning to which it can reasonably be put, and therefore all reasonable economic return from the property if zoning is strictly enforced. That which causes the hardship must:

a.

Be exceptional and undue;

b.

Relate to an extraordinary and exceptional situation or condition of the property; and

c.

Not result from any affirmative action of the property owner (be "self-inflicted"). Since all zoning imposes some degree of hardship, "mere" hardship does not justify a variance.

24.

HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

25.

HISTORIC STRUCTURE means any structure that is:

a.

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;

b.

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;

c.

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

d.

Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:

i.

By an approved state program as determined by the Secretary of the Interior or;

ii.

Directly by the Secretary of the Interior in states without approved programs.

26.

LEVEE means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water to provide protection from temporary flooding.

27.

LEVEE SYSTEM means 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.

28.

LOWEST FLOOR means 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 Section 60.3 of the National Flood insurance Program regulations.

29.

MANUFACTURED HOME means 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".

30.

MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

31.

MEAN SEA LEVEL means, 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.

32.

NEW CONSTRUCTION means, 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 (September 29, 2010) or after December 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.

33.

NEW MANUFACTURED HOME PARK OR SUBDIVISION means 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 the City.

34.

RECREATIONAL VEHICLE means 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

35.

START OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), 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 one hundred-eighty (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.

36.

STRUCTURE means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

37.

SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

38.

SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent 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:

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 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."

39.

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

40.

VIOLATION means 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 Section 60.3(b) (5), (c) (4), (c) (10), (d) (3), (e) (2), (e) (4), or (e) (5) is presumed to be in violation until such time as that documentation is provided.

41.

WATER SURFACE ELEVATION means 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.

F.

General Provisions.

1.

Lands to which this Chapter Applies. This Chapter shall apply to all "areas of special flood hazard" within the jurisdiction of Tremonton City.

2.

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, Exhibit A "The Flood Insurance Study for Tremonton City" dated September 29, 2010, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) Exhibit B, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance.

3.

Establishment of Development Permit. A Development/Building Permit shall be required to ensure conformance with the provisions of this Ordinance.

4.

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

5.

Abrogation and Greater Restrictions. This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another Ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

6.

Interpretation. In the interpretation and application of this Ordinance, 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.

7.

Warning and Disclaimer of Liability. The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and may occur and flood heights may be increased by man-made 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 or any official or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.

G.

Administration.

1.

Designation of the Floodplain Administrator. The Zoning Administrator is hereby appointed the Floodplain Administrator to administer and implement the provisions of this Chapter and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.

2.

Duties and Responsibilities of the Floodplain Administrator. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

a.

Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance.

b.

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

c.

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

d.

Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or Local Governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.

e.

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.

f.

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

g.

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

h.

When base flood elevation data has not been provided in accordance with [Section 1.15.020 F], 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 [Section 1.15.020 H].

3.

Permit Procedures. Application for a Development/Building Permit shall be presented to the Floodplain Administrator on forms furnished by him/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. Approval or denial of a Development/Building Permit by the Floodplain Administrator shall be based on all of the provisions of this Chapter. Additionally, the following information is required:

a.

Elevation (in relation to Mean Sea Level), of the Lowest Floor (including basement) of all new and substantially improved structures;

b.

Elevation in relation to Mean Sea Level to which any nonresidential structure shall be Floodproofed;

c.

A certificate from a registered professional engineer or architect that the nonresidential Floodproofed structure shall meet the Floodproofing criteria of [Section 1.15.020 H];

d.

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

e.

Maintain a record of all such information in accordance with [Section 1.15.020 G].

4.

Variance Procedures.

a.

The process as established by the City shall hear and render judgment on requests for Variances from the requirements of this Ordinance.

b.

The variance process 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 Chapter.

c.

Any person or persons aggrieved by the decision through the Variance process may appeal such decision in the District Court of competent jurisdiction.

d.

The Floodplain Administrator shall maintain a record of all actions involving a Variance and shall report Variances to the Federal Emergency Management Agency upon request.

e.

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 ordinance.

f.

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 [Section 1.15.020 G] have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.

g.

Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Authority may attach such conditions to the granting of Variances as it deems necessary to further the purpose and objectives of this ordinance [Section 1.15.020 C].

h.

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

i.

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 structures continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

j.

Prerequisites for granting variances:

i.

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

ii.

Variances shall only be issued upon:

A.

showing a good and sufficient cause;

B.

a determination that failure to grant the Variance would result in exceptional Hardship to the applicant, (see definition of Hardship) 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.

iii.

Any application to which 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.

k.

Variances may be issued by the City for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

i.

The criteria outlined in [Section 1.15.020 G 4 a—i] are met, and

ii.

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.

H.

Provisions For Flood Hazard Reduction.

1.

General Standards. In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:

a.

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;

b.

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

c.

All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

d.

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.

e.

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

f.

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; and,

g.

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

2.

Specific Standards. In all areas of special flood hazards where Base Flood Elevation data has been provided as set forth in [Section 1.15.020 F 2], [Section 1.15.020 G 2 h], or [Section 1.15.020 H], the following provisions are required:

a.

Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated one (1) 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 subsection as proposed in [Section 1.15.020 G 3 c] is satisfied.

b.

Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated one (1) 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 watertight 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 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 subsection. A record of such certification which includes the specific elevation (in relation to Mean Sea Level) to which such structures are Floodproofed shall be maintained by the Floodplain Administrator.

c.

Manufactured Homes - 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.

I.

Effective Date Of Ordinance. It is hereby found and declared by Tremonton City Council that flooding has occurred in the past within its jurisdiction and may occur within the future; and it may result in destruction of property, injury or death within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this Ordinance become effective immediately. Therefore, this Ordinance, being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.

J.

Subdivision Proposals In A Flood Plain Area. For Subdivision Standards see Title II, Tremonton City Subdivision Ordinance.

K.

FEMA Documents. The Federal Emergency Management Agency (FEMA) has prepared a Flood Insurance Study Number 49003CV000A and mapped the 100 year flood plain for the Malad and Bear River, Flood Insurance Rate Map Panel 1360D. These documents are included in the Appendix of this Title.

(Ord. No. 25-20, Exh. A, 10-21-2025)

A.

Purpose. It is the purpose and object of this Chapter is to establish reasonable and uniform regulations governing the location of Sexually Oriented Businesses (SOB). This Chapter shall be construed to protect the governmental interests recognized by this Chapter in a manner consistent with constitutional protections provided by the United States and Utah Constitutions.

B.

Applicability. This Chapter imposes regulatory standards for Sexually Oriented Businesses and except where the context or specific provisions require, this Chapter does not supersede or nullify any other related ordinances or state laws. In cases of conflicting regulatory standards the most restrictive regulatory standards shall be applied.

C.

Definitions. Definitions of terms in this Chapter related to Sexually Oriented Business shall be defined in Chapter 9-700 Sexually Oriented Businesses of the Revised Ordinances of Tremonton City Corporation.

D.

District Restrictions.

1.

Adult Business, Sexually Oriented Business, or any business that is required to have Sexually Oriented Business license as required by Chapter 9-700 of the Revised Ordinances of Tremonton City Corporation may only be allowed in the boundaries of the Sexually Oriented Business Overlay Zone District (Map 1.03), provided that the said business is not located within the distance to surrounding facilities and zoning boundaries as follows:

a.

Within one-thousand (1,000) feet of any school, public park, public building, library, or religious institution;

b.

Within six-hundred (600) feet of any other sexually oriented business or an establishment that sells any alcoholic beverages; or

c.

Within one-thousand (1,000) feet of any residential use (no matter which zoning district) or a residential zoning boundary;

d.

Reserved.

e.

Within six-hundred (600) feet of any gateway or gateway corridor as identified in this Title and the Tremonton City General Plan. The distance shall be measured from the edge of the right-of-way. For purposes of this Chapter, "gateway" or "gateway corridor" shall mean the state highways, freeways and other primary access roads by which vehicular access to and through Tremonton City is obtained.

f.

Distance requirements between structures and uses specified in this Section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the perimeter property boundaries of the school, public park, public building, library, religious institution, residential use, or other sexually oriented business or establishment that sells alcoholic beverages, or from the edge of the right-of-way of a gateway or gateway corridor, to the nearest point on the structure of the sexually oriented business.

g.

Distance requirements from zoning districts for this Section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest zoning boundary of a residential district to the nearest point on the sexually oriented business structure.

2.

Lot Regulations. The Sexually Oriented Business Overlay Zone District's lot regulations shall be the same as the underlying zoning district except as may be modified in this Chapter or as part of a Conditional Use Permit approval.

E.

Signs. Signs for Sexually Oriented Businesses shall be subject to the limitations in Chapter 1.27 Sign Permit of this Title.

F.

Permits And Licenses Required. It is unlawful for any person to operate a Sexually Oriented Business without first obtaining permits and licenses which may include but are not limited to: Conditional Use Permit, Site Plan Permit, General Business License, and a Sexually Oriented Business License.

(Ord. No. 25-20, Exh. A, 10-21-2025)

A.

Purpose. The purpose of this Chapter is to restrict land uses in areas of the City required to be restricted for protection of water sources in compliance with the laws of the State of Utah and to comply with the Drinking Water Source Protection Rules and Regulations of the State of Utah.

B.

District Restrictions.

1.

Prohibited Uses. The following are prohibited uses and such uses that constitutes pollution sources as defined under the Rules of the Drinking Water Division of the State of Utah or uses that the Culinary Water Authority determine to be similar or consistent with the prohibited use include but are not limited to:

a.

Storage facilities that store liquid forms of hazardous substances;

b.

Septic tank and septic tank drain fields;

c.

Class V underground injection wells;

d.

Landfills, open dumps, land filling of sludge and septage, manure piles, salt piles, pit privies, drain lines; and

e.

Animal feeding operations with more than ten (10) animal units.

2.

Additional Prohibited Uses. Additional and specific prohibited land uses are contained in the Drinking Water Source Protection Rules of the Drinking Water Division of the State of Utah and are incorporated herein by reference as though fully set forth herein.

3.

Lot Regulations. The Water Source Protection Overlay Zone District's lot regulations shall be the same as the underlying zoning district except as may be modified by the approval of a Subdivision, Conditional Use Permit, or Site Plan Permit.

(Ord. No. 25-20, Exh. A, 10-21-2025)