HomeMy Public PortalAboutORD-CC-1980-01ORDINANCE NO. 1-80
FLOOD DAMAGE PREVENTION
Section 1.0. Statutory Authorization, Findings of Fact,
Purpose and Objectives
1.1 Statutory Authorization
The Constitution of the State of Utah, in
Article 11, and the Legislature of the State of Utah, in Title
10, Utah Code, has delegated the responsibility to local gov-
ernmental units to adopt regulations designed to promote the
public health, safety and general welfare of its citizenry.
Therefore, the City Council of the City of Moab, State of
Utah, does ordain as follows:
1.2 Findings of Fact
A. The flood hazard areas of the City of
Moab are subject to periodic inundation which results in loss
of life and property, health and safety hazards, disruption
of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment
of the tax base, all of which adversely affect the public
health, safety and general welfare.
B. These flood losses are caused by the
cumulative effect of obstructions in areas of special flood
hazards which increase flood heights and velocities, and when
inadequately anchored, damage uses in other areas. Uses that
are inadequately flood -proofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
1.3 Statement of Purpose
It is the purpose of this ordinance to pro-
mote the public health, safety and general welfare and to mini-
mize public and private losses due to flood conditions in spe-
cific areas by provisions designed:
A. To protect human life and health.
B. To minimize expenditure of public
money for costly flood control projects.
. C. To minimize the need for rescue and re-
lief efforts associated with floodingand
generally undertaken
at the expense of the general public.
D. To minimize prolonged business inter-
ruptions.
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 spe-
cial flood hazard.
F. To help maintain a stable tax base by
providing for the second use and development of areas of spe-
cial flood hazard so as to minimize future flood blight areas.
G. To insure that potential buyers are
notified that property is in an area of special flood hazard.
H. To ensure that those who occupy the
areas of special flood hazard assume responsibility for their
actions.
1.4 Methods of Reducing Flood Losses
In order to accomplish its purpose, this
ordinance 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 ero-
sion 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
flood plains, stream channels and natural protective barriers,
which help accommodate or channel flood waters.
D. Controlling filling, grading, dredging
and other development which may increase flood damage.
E. Preventing or regulating the construc-
tion of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards in other areas.
Section 2.0. Definitions
Unless specifically defined below, words or phrases
used in this ordinance shall be interpreted so as to give
them the meaning they have in common usage and to give this
ordinance its most reasonable application.
A. Appeal means a request for a review
of the City of Moab's interpretation of any provision of
this ordinance or a request for a variance.
B. Area of shallow flooding means a des-
ignated AO Zone on the Flood Insurance Rate Map (FIRM). The
base flood depths range from one to three feet; a clearly de-
fined channel does not exist; the path of flooding is unpre-
dictable and indeterminate; and, velocity flow may be evident.
C. Area of special flood hazard means
the land in the flood plain within a community subject to a
one percent or greater chance of flooding in any given year.
D. Base flood means the flood having a one
percent chance of being equalled or exceeded in any given year.
E. Development means any man-made change
to improved or unimproved real estate, including but not limited
to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations located
within the area of special flood hazard.
F. Existing mobile home park or mobile
subdivision means a parcel (or contiguous parcels) of
divided into two or more mobile home lots for rent or
home
land
sale for which the construction of facilities for servicing
the lot on which the mobile home is 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 this
ordinance.
G. Expansion to an existing mobile home park
or mobile home subdivision means the preparation of additional
sites by the construction of facilities for servicing the lots
on which the mobile homes are to be affixed (including the in-
stallation of utilities, either final site grading or pouring
of concrete or the construction of streets).
H. Flood or flooding means a general and
temporary condition of partial or complete inundation of nor-
mally dry land areas from:
1. The overflow of inland or tidal
waters and/or
2. The unusual and rapid accumulation
of runoff of surface waters from any source.
I. Flood Insurance Rate Map (FIRM) means
the official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the
risk premium zones applicable to the community.
J. Flood Insurance Study means the official
report provided in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Boundary-
Floodway Map and the water surface elevation of the base flood.
K. 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 cumula-
tively increasing the water surface elevation more than one
foot.
L. Habitable floor means 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.".
M. Mobile home means 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.
N. New construction means structures for
which the "start of construction" commenced on or after the
effective date of this ordinance.
O. "New mobile home park or mobile home
subdivision means a parcel (or contiguous parcels) of land
divided into two or more mobile home lots for rent or sale for
which the construction of facilities for servicing the lot
(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 on or after the effec-
tive date of this ordinance.
P. Start of construction means the first
placement of permanent construction of a structure (other than
a mobile home) on a site, such as the pouring of slabs or
footings or any work beyond the stage of excavation. Perma-
nent construction does not include land preparation, such as
clearing, grading, and filling, nor does it include the installa-
tion 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 as part of the main
structure. For a structure (other than a mobile home) without
a basement or poured footings, the "start of construction"
includes the first permanent framing or assembly of the struc-
ture or any part thereof on its piling or foundation. For
mobile homes not within a mobile home park or mobile home
subdivision, "start of construction" means the affixing of the
mobile homes not within a
division to its permanent
home parks or mobile home
mobile
site.
home park or mobile home sub -
For mobile homes within mobile
subdivision, "start of construction"
is the date on which the construction of facilities for servic-
ing the site on which the mobile home is to be affixed (includ-
ing, at a minimum, the construction of streets, either final
site grading or the pouring of concrete pads, and installation
of utilities) is completed.
Q. Structure means a walled and roofed building,
a mobile home or a gas or liquid storage tank, that is prin-
cipally above ground.
R. Substantial improvement means 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 purposes of this definition, "substan-
tial improvement" is considered to occur when the first altera-
tion of any wall, ceiling, floor, or other structural part
of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term does not, however, include either:
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.
S. Variance means a grant of relief from the
requirements of this ordinance which permits construction in
a manner that would otherwise be prohibited by this ordinance.
Section 3.0. General Provisions
3.1 Lands To Which This Ordinance Applies
This ordinance shall apply to all areas of
special flood hazards within the jurisdiction of the City
of Moab.
3.2 Basis For Establishing The Areas Of
Special Flood Hazard
The areas of special flood hazard identified by
the Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study for
the City of Moab," dated December , 1979 , with accom-
panying Flood Insurance Rate Maps and Flood Boundary-Floodway
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Maps is hereby adopted by reference and declared to be a part
of this ordinance. The Flood Insurance Study is on file with
the City of Moab, 121 East Center Street, Moab, Utah 84532.
3.3 Penalties for Noncompliance
No structure or land shall hereafter be constructed
located, extended, converted or altered without full compliance
with the terms of this ordinance and other applicable regula-
tions. Violation of the provisions of this ordinance by
failure to comply with any of its requirements (including viola-
tions of conditions and safeguards established in connection
with conditions) shall constitute a misdemeanor. Any person
who violates this ordinance
its requirements shall upon
or fails to comply with any of
conviction thereof be fined not
more than $299.00 or imprisoned for not more than 180 days,
or both, for
each violation, and in addition shall pay all costs
and expenses involved in the case. Nothing herein contained
shall prevent the City of Moab from taking such other lawful
action as is necessary to prevent or remedy any violation.
3.4 Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abro-
gate or impair any existing easements, covenants or deed re-
strictions. However, where this ordinance and other ordinance,
easement, covenant or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
3.5 Interpretation
In the interpretation and application of this
ordinance, 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.
3.6 Warning and Disclaimer of Liability
The degree of flood protection required by this
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ordinance 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 man-made or natural causes. This ordinance
does not imply that land outside
hazards or uses permitted within
flooding or flood damages. This
the area of special flood
such areas will be free from
ordinance shall not create
liability on the part of the City of Moab, any officer or em-
ployee thereof or the Federal Insurance Administration, for
any flood damages that result from reliance on this ordinance
or any administrative decision lawfully made thereunder.
Section 4.0. Administration
4.1 Establishment of Development Permit
A Development Permit shall be obtained before
construction or development begins within any area of special
flood hazard established in Section 3.2. Application for a De-
velopment Permit shall be made on forms furnished by the City
of Moab and may include, but not be limited to: plans in dupli-
cate 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 re-
quired:
1. Elevation in relation to mean sea level,
of the lowest floor (including basement) of all
structures;
2. Elevation in relation to mean sea level
to which any structure has been floodproofed;
3. Certification by a registered professional
engineer or architect that the floodproofing methods
for any nonresidential structure meet the floodproof-
ing criteria in Section 2.2-2; and
4. Description of the extent to which any
watercourse will be altered or relocated as a result
of proposed development.
4.2 Designation of the Zoning Administrator
The Zoning Administrator is hereby appointed to
administer and implement this ordinance by granting or denying
development permit applications in accordance with its provisions.
4.3 Duties and Responsibilities of the Zoning
Administrator
Duties of the Zoning Administrator shall include,
but not be limited to:
4.3-1 Permit Review
1. Review all development permits to
determine that the permit requirements of this
ordinance have been satisfied.
2. Review all development permits
to determine that all necessary permits have been
obtained from those Federal, State or local govern-
mental agencies from which prior approval is required.
3. 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 5.3(1)
are met.
4.3-2 Use of Other Base Flood Data
When base flood elevation data has not been pro-
vided in accordance with Section 3.2, BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL FLOOD HAZARD, the Zoning Administrator shall
obtain, review and reasonably utilize any base flood elevation
data available from a Federal, State or other source, in order
to administer Section 5.2-1, SPECIFIC STANDARDS, Residential
Construction, and 5.2-2, SPECIFIC STANDARDS, Nonresidential Con-
struction.
4.3-3 Information to Be Obtained and Maintained
1. Obtain and record the actual eleva-
tion (in relation to mean sea level) of the lowest habit-
able floor (including basement) of all new or substan-
tially improved structures, and whether or not the
structure contains a basement.
2. For all new substantially improved
floodproofed structures:
(i) Verify and record the actual
elevation (in relation to mean sea level); and
(ii) Maintain the floodproofing
certifications required in Section 4.1(3).
3. Maintain for public inspection all
records pertaining to the provisions of this ordinance.
4.3-4 Alteration of Watercourses
1. Notify adjacent communities and
the Zoning Administrator 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 water-
course so that the flood carrying capacity is not
diminished.
4.3-5 Interpretation of FIRM Boundaries
Make interpretations where needed, as to the
exact location of the boundaries of the areas of special flood
hazards (for example, where there appears to be a conflict be-
tween a mapped boundary and actual field conditions). The per-
son contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided
in Section 4.4.
4.4 Variance Procedure
4.4-1 Appeal Board
1. The Board of Adjustments as estab-
lished by the City of Moab shall hear and decide
appeals and requests for variances from the require-
ments of this ordinance.
2. The Board of Adjustments shall hear
and decide appeals when it is alleged there is an
error in any requirement, decision or determination
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made by the Board of Adjustments in the enforcement
or administration of this ordinance.
3. Those aggrieved by the decision of
the Board of Adjustments,or any taxpayer, may appeal
such decision to the Seventh Judicial District Court,
as provided in Utah.
4. In passing upon such applications,
the Board of Adjustments shall consider all technical
evaluations, all relevant factors, standards speci-
fied in other sections of this ordinance, and
(i) The danger that materials may
be swept onto other lands to the injury of others;
(ii) The danger to life and property
due to flooding or erosion damage;
(iii) The susceptibility of the
proposed facility and its contents to flood dam-
age and the effect of such damage on the indi-
vidual owner;
(iv) The importance of the services
provided by the proposed facility to the communi-
ty;
(v) The necessity of the facility
of a waterfront location, where applicable;
(vi) The availability of alternative
locations for the proposed use which are not sub-
ject to flooding or erosion damage;
(vii) The relationship of the pro-
posed use to the comprehensive plan and flood
plain management program of that area;
(viii) The compatibility of the pro-
posed use with existing and anticipated develop-
ment;
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(ix) The safety of access to the
property in times of flood for ordinary and
emergency vehicles;
(x) The expected heights, velo-
city, duration, rate of rise and sediment trans-
port of the flood waters and the effects of wave
action, if applicable, expected at the site; and
(xi) The costs of providing govern-
mental services during and after flood conditions,
including maintenance and repair of public utili-
ties and facilities such as sewer, gas, electri-
cal and water systems, and streets and bridges.
5. Upon consideration of the factors
of Section 4.4-1(4) and the purposes of this ordinance,
the Board of Adjustments may attach such conditions
to the granting of variances as it deems necessary to
further the purposes of this ordinance.
6. The Board of Adjustments shall main-
tain the records of all appeal actions, including
technical information, and report any variances to
the Federal Insurance Administration upon request.
4.4-2 Conditions for Variances
1. Generally, 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 items (i) through (xi) in Section 4.4-1(4)
have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification
required for issuing the variance increases.
2. Variances may be issued for the
reconstruction, rehabilitation or restoration of struc-
tures listed on the National Register of Historic
Places or the State Inventory of Historic Places,
without regard to the procedures set forth in the
remainder of this section.
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. Variance shall only be issued upon:
(i) A showing of good and suffi-
cient cause;
(ii) A determination that failure to
grant the variance would result in exceptional
hardship to the applicant; and
(iii) A determination that the grant-
ing of a variance will not result in increased
flood heights, additional threats to public
safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of
the public as identified in Section 4.4-1(4),
or conflict with existing local laws or ordinances.
6. Any applicant to whom a variance
is granted shall be given written notice that the struc-
ture will be permitted to be built with a 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.
Section 5.0. Provisions for Flood Hazard Reduction
5.1 General Standards
In all areas of special flood hazards the
following standards are required:
5.1-1 Anchoring
1. All new construction and substantial
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
contemination from them during flooding.
5.1-4 Subdivision Proposals
1. All subdivision proposals shall
be consistent with the need to minimize flood damage;
2. All subdivision proposals shall
have public utilities and facilities such as sewer,
gas, electrical and water systems located and con-
structed to minimize flood damage;
3. All subdivision proposals shall
have adequate drainage provided to reduce exposure
to flood damage; and
4. Base flood elevation data shall
be provided for subdivision proposals and other pro-
posed development which contain at least fifty (50)
lots or five (5) acres, whichever is less.
5.2 Specific Standards
In all areas of special flood hazards where
base flood elevation data have been provided as set forth in
Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD, or in Section 4.3-2, Use of Other Base Flood Data, the
following standards are required:
5.2-1 AO Zone
New construction and substantial improvement of
any residential or non-residential structure located in an AO
Zone as specified on the community's FIRM shall have the lowest
floor (including basement) elevated above the crown of the
nearest street to or above the depth number specified on the
community's FIRM, or together with attendant utility and sani-
tary facilities shall:
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1. Be floodproofed so that below the
base flood level, the structue is watertight with
walls substantially impermeable to the passage of
water;
2. Have structural components capable
of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy; and
3. Be certified by a registered pro-
fessional engineer that the standards of this sub-
section are satisfied. Such certifications shall be
provided to the official set forth in Section 4.3-3(2).
5.2-2 Numbered A Zones
New construction and substantial improvement of
any commercial, industrial or other nonresidential structure
shall either have the lowest floor, including basement, elevated
to the level of the base flood elevation; or,
1. Be floodproofed so that below the
base flood level the structure is watertight with walls
substantially impermeable to the passage of water;
2. Have structural components capable
of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy; and
3. Be certified by a registered pro-
fessional engineer or architect that the standards of
this subsection are satisfied. Such certifications
shall be provided to the official as set forth in
Section 4.3-3(2).
5.2-3 Mobile Homes
1. Mobile homes shall be anchored in
accordance with Section 5.1-1(2).
2. For new mobile home parks and mobile
home subdivisions; for expansions to existing mobile
home parks and mobile home subdivisions; for existing
mobile home parks and mobile home subdivisions where
the repair, reconstruction or improvement of the streets,
tr
utilities and pads equals or exceeds fifty percent
(500) of value of the streets, utilities and pads be-
fore the repair, reconstruction or improvement has com-
menced; and for mobile homes not placed in a mobile
home park or mobile home subdivision, require that:
(i) For numbered A Zones, stands
or lots are elevated on compacted fill or on
pilings so that the lowest floor of the mobile
home will be at or above the base floor level.
For AO Zones, the lowest floor of the mobile
home must be at least one (1) foot above the
crown of the nearest street.
(ii) Adequate surface drainage and
access for a hauler are provided; and
(iii) In to instance of elevation
on pilings, that:
(a) Lots are large enough
to permit steps,
(b) Piling foundations are
placed in stable soil no more than ten (10)
feet apart, and
(c) Reinforcement is pro-
vided for pilings more than six (6) feet
above the ground level.
3. No mobile home shall be placed in
a floodway, except in an existing mobile home park
or an existing mobile home subdivision.
5.3 Floodways
Located within areas of special flood hazard
established in Section 3.2 are areas designated as floodways.
Sicne the floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential projec-
tiles, and erosion potential, the following provisions apply:
1. Prohibit encroachments, including
fill, new construction, substantial improvements and
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