CHAPTER 26
FLOODPLAIN OVERLAY ZONE FP

SECTION:

15-26-1: Purpose

15-26-2: Basis For Establishing The Areas Of Special Flood Hazard

15-26-3: Relationship Of Regulations To Zoning Use District

15-26-4: Definitions

15-26-5: Administration

15-26-6: Application And Permits

15-26-7: FIRM Amendment

15-26-8: Development Standards

15-26-9: Floodways

15-26-10: Appeal Process; Floodplain Variances

15-26-11: Certification Of Actual Elevations Required

15-26-12: Warning And Disclaimer Of Liability

15-26-13: Severability

15-26-1: PURPOSE:

In accordance with the authority granted to cities in Utah Code Annotated sections 10-3-701 and 10-9a-101 et seq., to adopt ordinances regulating zoning, and in order to promote the health, safety and general welfare of the city and inhabitants thereof, there is hereby established a floodplain overlay zone with development standards and regulations for land within the floodplains of the city. The floodplains are potentially subject to periodic inundation which adversely affects the public health, safety and general welfare and which may 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. The establishment of floodplain regulations that meet or exceed the minimum standards of Section 60 of CFR 44 and identification of the floodplains in the city will help owners of structures therein to qualify for federally subsidized flood insurance through the national flood insurance program. It will also serve as a notification to potential buyers that property is in a flood area and as a guide in designing and regulating future development and construction in such areas in order to preclude and/or minimize exposure to flooding and to mitigate any damage or loss caused by such flooding.

(Ord. 2015-21, 5-26-2015; amd. Ord. 2023-61, 11-14-2023)

15-26-2: BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD:

The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled “The Flood Insurance Study For Ogden City, Utah” dated November 30, 2023, with accompanying November 30, 2023 Flood Insurance Rate Maps and Flood Boundary Floodway Maps (FIRM and FBFM) or Digital Flood Insurance Rate Maps (DFIRM), and other supporting data, and any revisions or updates thereto, are hereby adopted by reference and declared to be a part of this chapter. This flood insurance study is on file with the city engineer and is available for public inspection.

(Ord. 2015-21, 5-26-2015; amd. Ord. 2023-61, 11-14-2023)

15-26-3: RELATIONSHIP OF REGULATIONS TO ZONING USE DISTRICT:

   A.   The floodplain management regulations in this chapter shall:

      1.   Be supplemental to, and not in lieu of, the applicable provisions of the use district in which the land is located and/or general provisions of the use district in which the land is located and/or general provisions applicable to all zones.

      2.   Be considered as minimum requirements.

      3.   Not be interpreted to reduce or limit other more restrictive standards that may apply to land within the floodplain, including those established by ordinance, state law, easements, recorded covenants or deed restrictions.

   B.   No structure shall be constructed, located, extended, converted, or altered and no land shall be developed, occupied or modified without full compliance with the terms of this chapter and other applicable regulations.

   C.   Property located within an area of shallow flooding or area of special flood hazard shall be developed only in conformance with the provisions set forth herein. In cases of conflict between such district classifications and the floodplain regulations, the most restrictive provisions shall govern.

   D.   Permitted, conditional and accessory uses allowed in the area of shallow flooding or area of special flood hazard are those which are allowed uses in the underlying zone or use district except that all floodway encroachments are prohibited unless they meet the requirements of this chapter. Additionally, all uses, whether principal or secondary which would alter the flood carrying capacity of the watercourse, involving: 1) construction or relocation of permanent buildings (or structures); or 2) placement of temporary structures, manufactured homes; or 3) excavation or placement of fill materials; or 4) placement of any structure or any development; shall further meet the supplemental conditions and standards set forth in this chapter.

(Ord. 2015-21, 5-26-2015; amd. Ord. 2023-61, 11-14-2023)