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Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not given a meaning by this chapter have the meaning set forth in the National Flood Insurance Program (42 U.S.C. §§ 40001, et seq.) and the regulations promulgated to implement the National Flood Insurance Program (44 Code of Federal Regulations §§ 59.1 to 59.30; 60.1 to 60.26).
APPEAL. A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING. A designated AO or AH 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.
BASE FLOOD. The flood having a one percent chance of being equaled or exceeded in any given year (also called the “one-hundred-year flood”).
BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALLS. Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
(1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
(2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
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.
EXISTED MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park for which the construction of facilities for servicing the lot on which the manufactured homes are 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) are completed before the effective date of the ordinance codified in this chapter.
EXPANSION TO AN EXISTING MANU-FACTURED HOME PARK OR 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 the overflow of floodwaters, the unusual and rapid accumulation or runoff of surface waters from any source, and/or the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
FLOOD BOUNDARY AND FLOODWAY MAP. The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
FLOOD INSURANCE RATE MAP (FIRM). The official map of the community, on which the Floodplain Administrator delineated both the special hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Insurance Administra-tion that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source (see definition of “flooding”).
FLOODPLAIN MANAGEMENT. The opera-tion of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain manage-ment regulations.
FLOODPLAIN MANAGEMENT REGULA-TIONS. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
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. Also referred to as “regulatory floodway.”
FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
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 chapter.
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. The term "manufactured home" does not include a "recreational vehicle.”
MANUFACTURED HOME PARK OR SUB-DIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
MEAN SEA LEVEL. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION. For floodplain management purposes, structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by this community.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD. A flood which has a one percent annual probability of being equaled or exceeded. It is identical to the “base flood,” which will be the term used throughout this chapter.
PERSON. An individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.
RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(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.
REMEDY A VIOLATION. To bring the struc-ture or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its non-compliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.
SPECIAL FLOOD HAZARD AREA (SFHA). An area having special flood or flood-related erosion hazards, and shown on an FHBM of FIRM as A, AO, A1-30, AE, A99, or AH Zone.
START OF CONSTRUCTION. Includes sub-stantial 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 actual START OF CONSTRUCTION means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. PERMANENT CONSTRUCTION does not include land preparation such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for 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 part of the main structure.
STRUCTURE. A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50% 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% of the market value of the structure either: Before the improvement or repair is started; or 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 a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
VARIANCE. A grant of relief from the require-ments of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
VIOLATION. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
('81 Code, § 15.44.050) (Ord. 906, passed - -88; Am. Ord. 1202, passed 5-4-09)
The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for the City, dated September 3, 1997, and accompanying Flood Insurance Rate Map (FIRM), dated September 3, 1997, and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this section. This FIS and attendant mapping is the minimum area of applicability of this section and may be supplemented by studies for other areas that allow implementation of this section and are recommended to the City Council by the Floodplain Administrator. The FIS and FIRM are on file in the office of the Floodplain Administrator at 200 South 10th Street, Santa Paula, California.
('81 Code, § 15.44.070) (Ord. 906, passed - -88; Am. Ord. 1037, passed 8-7-00)
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.
('81 Code, § 15.44.080) (Ord. 906, passed - -88) Penalty, see Ch. 13
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
('81 Code, § 15.44.090) (Ord. 906, passed - -88)
The following provisions apply when interpreting this chapter:
(A) The regulations set forth in this chapter are the minimum requirements for implementing the National Flood Insurance Program;
(B) All regulations in this chapter must be liberally construed in favor of the city;
(C) Nothing in this chapter limits or repeals any power the city may exercise in accordance with applicable law; and
(D) These regulations are intended to implement the National Flood Insurance Program, codified at 42 U.S.C. §§ 40001, et seq., and regulations promulgated at 44 Code of Federal Regulations §§ 59.1 to 59.30 and 60.1 to 60.26. Any interpretation or implementation of this chapter should be made with reference to the National Flood Insurance Program, as amended.
('81 Code, § 15.44.100) (Ord. 906, passed - -88; Am. Ord. 1202, passed 5-4-09)
The degree of flood protection required by this chapter 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 chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
('81 Code, § 15.44.110) (Ord. 906, passed - -88)
PROVISIONS FOR FLOOD HAZARD REDUCTION
In all areas of special flood hazards the following standards are required:
(A) Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) All manufacturing homes shall meet the anchoring standards of § 151.23.
(B) 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 service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) Require within the AH or AO Zones, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(C) Elevation and floodproofing.
(1) New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subdivision (3) of this division. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the community Building Inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.
(2) New construction and substantial improvement of any structure in the AO Zone shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in subdivision (3) of this division. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the community Building Inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.
(3) Nonresidential construction shall either be elevated in conformance with subdivisions (1) or (2) of this division or together with attendant utility and sanitary facilities:
(a) Be floodproofed so that below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(c) Be certified by a registered professional engineer or architect that the standards of this division are satisfied. Such certifications shall be provided to the Floodplain Administrator.
(4) Require, for all new construction and substantial improvements, that 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 floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(a) Either 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. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or
(b) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
(5) Manufactured homes shall also meet the standards in § 151.23.
('81 Code, § 15.44.160) (Ord. 906, passed - -88) Penalty, see Ch. 13
(A) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.
(B) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
('81 Code, § 15.44.170) (Ord. 906, passed - -88) Penalty, see Ch. 13
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