Parowan

Chapter 1 -- STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES

Section 25-1-1. Statutory Authorization Section 25-1-2. Findings of Fact Section 25-1-3. Statement of Purpose Section 25-1-4. Methods of Reducing Flood Losses

25-1-1. Statutory Authorization. The Legislature of the State of Utah has in Utah Code Annotated, Title 10, Chapter 8, Article 84 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of Parowan City, Utah does ordain as follows:

25-1-2. Findings of Fact.

(1) The flood hazard areas of Parowan City are subject to periodic inundation which result 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.

(2) 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.

25-1-3. 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 to 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 and sewer lines, streets and bridges located in areas of special flood hazard;

(6) help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7) ensure that potential buyers are notified that property is in an area of special flood hazard; and,

(8) ensure those who occupy the areas of special flood hazards assume responsibility for their actions.

25-1-4. Methods of Reducing Flood Losses. In order to accomplish its purposes, this Ordinance includes methods and provisions for:

(1) 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;

(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of the initial construction;

(3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(4) Controlling filling, grading, dredging, and other development which may increase flood damage; and,

(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

Chapter 2 -- DEFINITIONS

Section 25-2-1. Words or Phrases

Section 25-2-1. Words or Phrases. 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.

"Area Of Special Flood Hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

"Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

"Developed" 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.

"Flood" or "Flooding" means 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 Insurance Rate Map (FIRM)" means an official map of a community on which the Federal Emergency Management Agency has delineated areas of special flood hazard designated as Zone A.

"Lowest Floor" means 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 non-elevation design requirements of this Ordinance.

"Manufactured Home" means 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. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. "Structure" means a walled and roofed building or manufactured home that is principally above ground.

"Substantial Improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the marked 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 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. Chapter 3 -- GENERAL PROVISIONS

Section 25-3-1. Lands to Which this Ordinance Applies Section 25-3-2. Basis for Establishing the Areas of Special Flood Hazard Section 25-3-3. Compliance Section 25-3-4. Abrogation and Greater Restrictions Section 25-3-5. Interpretation Section 25-3-6. Warning and Disclaimer of Liability

25-3-1. Lands to Which this Ordinance Applies. This Ordinance shall apply to all areas of special flood hazards within the jurisdiction of Parowan City.

25-3-2. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM), dated March 18, 1986, is adopted by reference and declared to be part of this Ordinance. The FIRM is on file at 5 South Main Street, Parowan, Utah 84761.

25-3-3. Compliance. No structure or land shall hereafter be constructed, located, extended, or altered without full compliance with the terms of this Ordinance and other applicable regulations.

25-3-4. Abrogation and Greater Restrictions. This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

25-3-5. Interpretation. In the interpretation 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.

25-3-6. 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. 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 the areas of special flood hazards or uses permitted within such areas of special flood hazards will be free from flooding or flood damages. This ordinance shall not create liability on the part of Parowan City, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. Chapter 4 -- ADMINISTRATION

Section 25-4-1. Establishment of Development Permit Section 25-4-2. Designation of the Planning and Zoning Commission Section 25-4-3. Duties and Responsibilities of the Planning and Zoning Commission Section 25-4-3.1. Permit Review Section 25-4-3.2. Use of Other Base Flood Data Section 25-4-3.3. Information to be Obtained and Maintained Section 25-4-3.4. Alteration of Watercourses Section 25-4-3.5. Interpretation of FIRM Boundaries

25-4-1. 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 25-3-2. Application for a development permit shall be made on forms furnished by the Planning and Zoning Commission and may include, but not to be limited to:

Plans in duplicate drawn to scale 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:

(1) Elevation in relation to mean sea level to which any structure has been flood proofed;

(2) Certification by a registered professional engineer or architect that the flood proofing methods for any non-residential structure meet the flood proofing criteria in Section 25-5-2.2; and,

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

25-4-2. Designation of the Planning and Zoning Commission. The Building Inspector, under the direction of the Planning and Zoning Commission is hereby appointed to administer and implement this Ordinance by granting or denying development permit applications in accordance with its provisions.

25-4-3. Duties and Responsibilities of the Planning and Zoning Commission. Duties of the Building Inspector, under the direction of the Planning and Zoning Commission shall include but not be limited to:

25-4-3.1. Permit Review.

(1) Review of 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 governmental agencies from which prior approval is required. (3) Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purpose of this Ordinance, "adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas.

(i) If it is determined that there is no adverse effect and the development is not a building, then the permit shall be granted without further consideration.

(ii) If it is determined that there is an adverse effect, then technical justification (i.e., a registered professional engineer's certification) for the proposed development shall be required.

(iii) If the proposed development is a building, then the provisions of this Ordinance shall apply.

25-4-3.2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 25-3-2, the Building Inspector under the direction of the Planning and Zoning Commission shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring that new construction, substantial improvements or other development in Zone A meets the requirements set forth in Title 25.

25-4-3.3. Information to be Obtained and Maintained.

(1) 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.

(2) For all new or substantially improved flood proofed structures:

(i) Verify and record the actual elevation (in relation to mean sea level) to which the structure has been flood proofed.

(ii) Maintain the flood proofing certifications required in section 4.1(3)

(3) Maintain for public inspection all records pertaining to the provisions of this Ordinance. 25-4-3.4. Alteration of Watercourses.

(1) Notify adjacent communities and the Division of Comprehensive Emergency Management prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

25-4-3.5. 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 between a mapped boundary and actual field conditions.

Chapter 5 -- PROVISIONS FOR FLOOD HAZARD REDUCTION

Section 25-5-1. General Standards Section 25-5-1.1. Anchoring. Section 25-5-1.2. Construction Materials and Methods Section 25-5-1.3. Utilities Section 25-5-1.4. Subdivision Proposals Section 25-5-1.5. Encroachments Section 25-5-2. Specific Standards Section 25-5-2.1. Residential Construction. Section 25-5-2.2. Nonresidential Construction.

25-5-1. General Standards. In all areas of special flood hazards, the following standards are required:

25-5-1.1. Anchoring.

(1) All new construction and substantial improvements shall be anchored to prevent floatation collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads.

(2) All manufactured homes must be elevated and anchored to resist floatation, collapse or lateral movement and capable of resisting the hydrostatic and hydronamic loads. Methods of anchoring may include, but are not limited to use of over-the-top or frame ties or ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Specific requirements may be:

(i) Over-the-top ties to be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side.

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

(iii) All components of the anchoring system be capable of carrying a force of 4,800 pounds, and,

(iv) Any additions to the manufactured home be similarly anchored.

25-5-1.2. 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.

(3) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

25-5-1.3. Utilities.

(1) All new 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.

25-5-1.4. Subdivision Proposals.

(1) All subdivision proposals shall be consistent with the need to minimize damage;

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

(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 proposed development which contain at least 50 lots or acres (whichever is less).

25-5-1.5. Encroachments. Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited in any floodway unless a technical evaluation demonstrates that the encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.

25-5-2. Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 4.3-2, Use of Other Base Flood Date, the following standards are required:

25-5-2.1. Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation.

25-5-2.2. 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 the level of the base flood elevation; or, together with attendant utility and sanitary facilities shall:

(1) be flood proofed so that below the base flood elevation 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 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 paragraph. Such certifications shall be provided to the official as set forth in Section 25-4-3.