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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:


1. To protect human life and health;
   
   
2. To minimize expenditure of public money for costly flood control projects;
   
   
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
   
   
4. To minimize prolonged business interruptions;
   
   
5. 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 special flood hazards;
   
   
6. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
   
   
7. To ensure that potential buyers are notified that property is in an area of special flood hazards; and,
   
   
8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

In order to accomplish its purposes, this ordinance includes methods and provision for:


1. Restricting for 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 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.

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.


Appeal
A request for a review of the County Planning Director's interpretation of any provision of this ordinance or a request for a variance.

Areas of Shallow Flooding
A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.

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

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

Development
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 hazards.

Existing Manufactured Home Park or Manufactured Home Subdivision
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured 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.

Expansion to an Existing Manufactured Home Park or Manufactured Home Subdivision
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, either final site grading or pouring of concrete pads, or the construction of streets).

Flood or Flooding
A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters and/or
   
   
2. The unusual and rapid accumulation or runoff of surface waters from any source.

Flood Insurance Rate Map (Firm)
The official map 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.

Flood Insurance Study
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary-Floodway Map and the water surface elevation of the base flood.

Floodway
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 one foot.

Lowest Floor
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
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. 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 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers or other similar vehicles. (Amd. Ord. 6-87, 5/16/87)

New Construction
Structures for which the "start of construction" commenced on or after the effective date of this ordinance and includes any subsequent improvements to such structures.

New Manufactured Home Park or Manufactured Home Subdivision
A parcel (or contiguous parcels) of land divided into two or more manufactured 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 effective date of this ordinance.

Recreational Vehicle
A vehicle which is
1. built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projections;
3. designed to be self-propelled or permanently towable by a light duty truck; and
4. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Start of Construction
The 'start of construction' includes substantial improvement and means the date the building permit was issued, provided the actual start of construction , repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The first placement of permanent construction of a structure (other than a manufactured home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. 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 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 manufactured home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For manufactured homes not within a manufactured home park or manufactured home subdivision, "start of construction" means the affixing of the manufactured home to its permanent site. For manufactured homes within manufactured home parks or manufactured home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the manufactured home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. 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.

Structure
A walled and roofed building or manufactured home that is principally above ground.

Substantial Damage
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition should equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial Improvement
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent 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 "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 structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Variance
A grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.

1. This ordinance shall apply to all areas of special flood hazards within the jurisdiction of Weber County.
   
   
2. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for Weber County", dated September 6, 1995, with an accompanying Flood Insurance Rate Map is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance study is on file at the office of the Weber County Planning Commission, 2510 Washington Blvd., Radisson Plaza, Ogden, Utah 84401 (amended July 19, 1995).
   
   
3. 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 regulations.
   
   
4. 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 restriction shall prevail.
   
   
5. 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.
   
   
6. 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 will be free from flooding or flood damages. This ordinance shall not create liability on the part of Weber County, any officer or employee thereof, or Federal Emergency Management Agency for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

12-1-5.1 A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 4.2. Application for a Development Permit shall be made on forms furnished by the County Planning Director and may include, but not be limited to; plans in duplicate 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 is required:
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 flood proofed;
   
   
3. 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 6.2(2); and,
   
   
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

12-1-5.2 The County Planning Director is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions.

12-1-5.3 Duties of the County Planning Director shall include, but not be limited to:
1. Permit Review:
   1. Review all applications for development permits to determine that the permit requirements of this ordinance have been satisfied.
      
      
   2. Review all applications for 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 is located in the Floodway, assure that the encroachment provisions of Section 6.2(4)(a) are met.
   
   
2. Use of other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 4.2, the County Planning Director shall obtain, review, and reasonable utilize any base flood elevation and floodway data available from a Federal, State, or other source, in order to administer Sections 6.2(1), and 6.2(2).
   
   
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.
      
      
   2. For all new or substantially improved flood proofed structures.
      1. verify and record the actual elevation (in relation to mean sea level, and
         
         
      2. maintain the flood proofing certifications required in Section 5.1(3).
      
      
   3. Maintain for public inspection all records pertaining to the provisions of this ordinance.
4. Alteration of Watercourses.
   1. Notify adjacent communities and the Utah State Office of 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.
   
   
5. Interpretation of FIRM Boundaries. Make interpretations where needed, as to the exact location of the boundaries of the area of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 5.4.

12-1-5.4 Appeal and Variance Procedure.
1. Appeal Board:
   1. The Weber County Planning Commission as established by Weber County shall hear and decide appeals and requests for variances from the requirements of this ordinance.
      
      
   2. The Weber County Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the County Planning Director in the enforcement or administration of this ordinance.
      
      
   3. Any applicant or other interested person, firm, or corporation shall have the right to appeal to the Board of Weber County Commissioners from, or object to, the decision of the Weber County Planning Commission within thirty (30) days after a permit is granted or refused. The applicant or any other interested person shall have the right to a full hearing before the Board of the Weber County Commissioners on the question of whether or not a permit should be granted or refused. Upon conclusion of such hearing, the Board of County Commissioners shall render a decision either upholding or revoking a decision either upholding or revoking the decision of the Weber County Planning Commission or upholding the same subject to specified conditions.
      
      
   4. Any applicant or other interested person, firm or corporation shall have the right to appeal to the District Court of Weber County, Utah from the decision rendered by the Board of Weber County Commissioners within thirty (30) days after their decision is rendered.
      
      
   5. In passing upon such applications, the Weber County Planning Commission and Board of Weber County Commissioners shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:
      1. the danger that materials may be swept onto other lands to the injury of others;
         
         
      2. the danger to life and property due to flooding or erosion damage;
         
         
      3. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
         
         
      4. the importance of the services provided by the proposed facility to the community;
         
         
      5. the necessity to the facility of a waterfront location, where applicable;
         
         
      6. the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;
         
         
      7. the compatibility of the proposed use with existing and anticipated development;
         
         
      8. the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
         
         
      9. the safety of access to the property in times of flood for ordinary and emergency vehicles;
         
         
      10. the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,
          
          
      11. the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
      
      
   6. Generally, variances may be used 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-xi) in Section 5.4(1)(e) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
      
      
   7. Upon consideration of the factors of Section 5.4(1)(e) and the purposes of this ordinance, the Weber County Planning Commission may attached such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.
      
      
   8. The County Planning Director shall maintain the records of all appeal actions, and report any variances to the Federal Emergency Management Agency upon request.
   
   
2. Conditions for Variances:
   1. 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 section.
      
      
   2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
      
      
   3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      
      
   4. Variances shall only be issued upon:
      1. a showing of good and sufficient cause;
         
         
      2. a determination that failure to grant the variance would result in exceptional hardship to the applicant; and
         
         
      3. 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 as identified in Section 5.4(1)(e), or conflict with existing local laws or ordinances.
      
      
   5. Any applicant to whom a variance is granted shall be given written notice that the structure 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 with the reduced lowest floor elevation.

12-1-6.1 General Standards
In all areas of special flood hazards the following standards are required:
1. Anchoring
   1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
      
      
   2. All manufactured homes shall be anchored to resist flotation collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:
      1. over-the-top ties be provided at each of the four 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;
      2. 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;
      3. all components of the anchoring system be capable of carrying a force of 4,800 pounds; and,
      4. any additions to the manufactured home be similarly anchored.
   3. All manufactured homes to be placed or substantially improved within Zones A1-30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is a minimum of one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation. (Amd. by Ord. 6-87, 5/16/87.)
   
   
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. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other serviced facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
   
   
3. Utilities
   1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
      
      
   2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
      
      
   3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
   
   
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 constructed to minimize flood damage;
      
      
   3. All subdivision proposals hall 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 2 or more lots or 5 acres, whichever is greater. (Amd. Ord. 6-87, 5/16/87.)

12-1-6.2 Specific Standards
In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 4.2 or Section 5.3(2), the following provisions are required:
1. Residential Construction
   New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
   
   
2. Non-residential Construction
   New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to at least one foot above the level of the base flood elevation; or,
   1. be flood proofed 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 hydrodynamic loads and effects of buoyancy; and
      
      
   3. be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 5.3(3)(b).
   
   
3. Openings in Enclosures Below the Lowest Floor
   For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
   1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
      
      
   2. The bottom of all openings shall be no higher than one foot above grade;
      
      
   3. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.
   
   
4. Manufactured Homes
   1. Manufactured homes shall be anchored in accordance with Section 6.1(1)(b).
      
      
   2. All manufactured homes to be placed or substantially improved within Zones A1-30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is a minimum of one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation.
   
   
5. Recreational Vehicles
   1. Require that recreational vehicles either (i) be on the site for fewer that 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements and elevation and anchoring requirements for resisting wind forces.
   
   
6. Flood ways. Located within areas of special flood hazard established in Section 4.2 are areas designated as flood ways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
   1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
      
      
   2. If Section 6.3 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions in Section 6.
      
      
   3. Upon the approval and recording of any subdivision, the subdivider of any property containing a floodway as defined in this ordinance shall convey to Weber County either an easement or dedication of right-of-way of the area so designated as the floodway. Such easement shall grant to Weber County the right of entry by its agents, employees and contractors to survey, plan, construct and maintain such improvements as may be necessary to insure adequate flood control. Said easement or dedication, where appropriate, may include right of entry by the general public for the purposes of recreation.

7.1 Any person, firm, corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $1,000 or by imprisonment in the Weber County jail for a term not exceeding 6 months, or by both such fine and imprisonment. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each day during which any portion of any violation of this Ordinance is committed, continued or permitted by such person, firm, or corporation, and shall be punishable as herein provided.

This Ordinance shall be published once in the Ogden Standard Examiner and shall take effect fifteen days after publication.

Approved and adopted this 5th day of September, 1995.

A Development Permit shall be obtained before construction or development begins within any areas of special flood hazard established in Section 12-1-5. Application for a Development Permit shall be made on forms furnished by the County Planning Director and may include, but not be limited to plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage or materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:
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 flood proofed;
   
   
3. Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet the floodproofing criteria in Section 12-3-2(2).
   
   
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

The County Planning Director is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions.

Duties of the County Planning Director shall include, but not be limited to:


1. Permit Review:
   1. Review all application for development permits to determine that the permit requirements of this ordinance have been satisfied.
      
      
   2. Review all applications for development permits to determine that all necessary permits have been obtained form those Federal, State, or local governmental agencies from which prior approval is required.
      
      
   3. Review all development permits to determine if the proposed development is located in the Floodway, assure that the encroachment provisions of Section 12-3-2(4) (a) are met.
   
   
2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 12-1-5, the County Planning Director shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State, or other source, in order to administer Sections 12-3-2(1) and (2).
   
   
3. Information to be obtained and maintained:
   1. Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures.
      
      
   2. For all new or substantially improved flood proofed structures.
      aa. verify and record the actual elevation (in relation to mean sea level), and
      
      bb. maintain the flood proofing certifications required in Section 12-2-1c.
      
      
   3. Alteration of watercourses.
      1. Notify adjacent communities and the Utah State Office of Emergency Management prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
         
         
      2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
      
      
   4. 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). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 12-2-4.

1. Appeal Board:
   1. The Weber County Planning Commission as established by Weber County shall hear and decide appeals and requests for variances from the requirements of this ordinance.
      
      
   2. The Weber County Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the County Planning Director in the enforcement or administration of this ordinance.
      
      
   3. Any applicant or other interested person, firm or corporation shall have the right to appeal to the Board of Weber County Commissioners, from, or object to, the decision of the Weber Count Planning Commission within thirty (30) days after a permit is granted or refused. The applicant or any other interested person shall have the right to a full hearing before the board of Weber County Commissioners on the question of whether or not a permit should be granted or refused. Upon conclusion of such hearing, the Board of Weber County Commissioners shall render a decision either upholding or revoking the decision of the Weber County Planning Commission or upholding the same subject to specified condition.
      
      
   4. Any applicant or other interested person, firm or corporation shall have the right to appeal to the District Court of Weber County, Utah from the decision rendered by the board of Weber County Commissioners withing thirty (30) days from the date their decision is rendered.
      
      
   5. In passing upon such applications, the Weber County Planning Commission and Board of Weber County Commissioners shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:
      1. the danger that materials may be swept onto other lands to the injury of others;
         
         
      2. the danger to life and property due to flooding or erosion damage;
         
         
      3. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
         
         
      4. the importance of the services provided by the proposed facility to the community;
         
         
      5. the necessity to the facility of a waterfront location, where applicable;
         
         
      6. the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;
         
         
      7. the compatibility of the proposed use with existing and anticipated development;
         
         
      8. the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
         
         
      9. the safety of access to the property in times of flood for ordinary and emergency vehicles;
         
         
      10. the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,
          
          
      11. the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such a sewer, gas, electrical, and water systems, and streets and bridges.
      
      
   6. 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 (aa) through (kk) in Section 12-4-4 (a) (5) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
      
      
   7. Upon consideration of the factors of Section 12-4-4 (a) (5) and the purposes of this ordinance, the Weber County Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.
      
      
   8. The County Planning Director shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
   
   
2. Conditions for Variances.
   1. 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 section.
      
      
   2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
      
      
   3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      
      
   4. Variances shall only be issued upon:
      1. a showing of good and sufficient cause;
         
         
      2. a determination that failure to grant the variance would result in exceptional hardship to the applicant; and
         
         
      3. 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 as identified in Section l2-4-4(a)(5), or conflict with existing local laws or ordinances.
      
      
   5. Any applicant to whom a variance is granted shall be given written notice that the structure 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.

In all areas of special flood hazards the following standards are required:


1. Anchoring:
   1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse of lateral movement of structure.
      
      
   2. All manufactured homes shall be anchored to resist flotation collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:
      1. Over-the-top ties be provided at each of the four 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;
         
         
      2. 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;
         
         
      3. Any additions to the manufactured home be similarly anchored.
         
         
      4. All manufactured homes to be placed or substantially improved within Zones Al-3-, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is a minimum of one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation. (Ord. #6-87, April 13, 1987.)
   
   
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. Utilities
   1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
      
      
   2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and
      
      
   3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
   
   
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 constructed 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 proposed development which contain 2 or more lots. (Ord. #6-87-April 13, 1987.)

In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 12-1-5 or Section 12-2-3 (b), the following provisions are required:


1. Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the flood elevation.
   
   
2. Non-residential construction. New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or,
   1. Be flood proofed 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 buoyance; and
      
      
   3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section l2-2-3(c)(2).
   
   
3. Manufactured Homes
   1. Manufactured homes shall be anchored in accordance with Section l2-3-l(l)(b).
      
      
   2. For new manufactured hone parks and manufactured home subdivisions or expansions to existing manufactured home parks and manufactured home subdivisions; for existing manufactured home parks and manufactured home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for manufactured homes not placed in a manufactured home park or manufactured home subdivision, require that:
      1. stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at or above the base flood level;
         
         
      2. adequate surface drainage and access for a hauler are provided; and,
         
         
      3. in the instance of elevation on pilings, that: lots are large enough to permit steps, piling foundations are placed in stable soil no more than ten feet apart, and reinforcement is provided for pilings more than six feet above the ground level.
      
      
   3. No manufactured home shall be placed in floodway, except in an existing manufactured home park or existing manufactured home subdivision.
   
   
4. Floodways. Located within areas of special flood hazard established in Section 12-1-5 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
   1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
      
      
   2. If Section 6.3 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions in Chapter 3.
      
      
   3. Prohibit the placement of any manufactured homes, except in an existing manufactured home park or existing manufactured home subdivision.
      
      
   4. Upon the approval and recording of any subdivision, the subdivider of any property containing a floodway as defined in this Ordinance shall convey to Weber County with an easement or dedication of right-of way of the area so designated as the floodway. Such easement shall grant to Weber County the of entry by its agents, employees and contractors to survey, plan, construct and maintain such improvements as may be necessary to insure adequate flood control. Said easement or dedication, where appropriate, may include right of entry by the general public for the purposes of recreation.

Any person, firm or Corporation who shall violate any of the provisions of this ordinance shall be guilty of a Class B misdemeanor, and upon conviction shall be punished as provided by the laws of the State of Utah for Class B misdemeanors. (Ord. #4-87, January 5, 1987)

Such person, firm or corporation shall be deemed to be guilty of a separate offense for each day during which any portion of any violation of this ordinance is committed, continued or permitted by such person, firm, or corporation, and shall be punishable as herein provided.
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