Chapter 13.80 DEFINITIONS

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this division its most reasonable application. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.020 Accessory structure.

“Accessory structure” means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage. (Ord. 2022-10 § 2, 2022)

13.80.030 Agricultural structure.

“Agricultural structure” means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses. (Ord. 2022-10 § 2, 2022)

13.80.040 Accessory use.

“Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.020)

13.80.050 Alluvial fan.

“Alluvial fan” means a geomorphologic feature characterized by a cone- or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.030)

13.80.060 Alteration of a watercourse

“Alteration of a watercourse” means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. (Ord. 2022-10 § 2, 2022)

13.80.070 Apex.

“Apex” means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.040)

13.80.080 Appeal.

“Appeal” means a request for review of the floodplain administrator’s interpretation of any provision of this division. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.050)

13.80.090 Area of shallow flooding.

“Area of shallow flooding” means 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. Such flooding is characterized by ponding or sheet flow. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.060)

13.80.100 Area of special hazard.

See “Special flood hazard area.” (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.080)

13.80.110 ASCE 24.

“ASCE 24” means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code. (Ord. 2022-10 § 2, 2022)

13.80.120 Base flood.

“Base flood” means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the one-hundred-year flood). “Base flood” is the term used throughout this division. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.100)

13.80.130 Basement.

“Basement” means any area of the building having its floor subgrade, i.e., below ground level on all sides. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.110)

13.80.140 Building.

See “Structure.” (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.125)

13.80.150 Building code.

“Building code” means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the state of California and composed of:

A. Part 2, applicable to buildings and structures other than dwellings within the scope of this part.

B. Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.

C. Part 10, applicable to existing buildings (as defined in that code).

D. Other specified codes. (Ord. 2022-10 § 2, 2022)

13.80.160 Development.

“Development” means any manmade 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 or storage of equipment or materials. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.140)

13.80.170 Design flood.

“Design flood” means the flood associated with the greater of the following two areas (also defined in CCR Title 24 Part 2):

A. Area with a flood plain subject to a one percent or greater chance of flooding in any year.

B. Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated. (Ord. 2022-10 § 2, 2022)

13.80.180 Design flood elevation.

“Design flood elevation” means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to two feet (six hundred ten millimeters). (Also defined in CCR Title 24 Part 2.) (Ord. 2022-10 § 2, 2022)

13.80.190 Encroachment.

“Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.150)

13.80.200 Existing manufactured home park or subdivision.

“Existing manufactured home park or subdivision” means 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 before the effective date of the floodplain management regulations adopted by a community. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.160)

13.80.210 Expansion to an existing manufactured home park or subdivision.

“Expansion to an existing manufactured home park or subdivision” means 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, the construction of streets, and either final site grading or the pouring of concrete pads). (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.170)

13.80.220 Flood, flooding or floodwater.

“Flood,” “flooding” or “floodwater” means:

A. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source, and/or mudslides (i.e., mudflows) (see “Mudslides”); and

B. The condition resulting from flood-related erosion. (See “Flood-related erosion.”) (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.180)

13.80.230 Flood boundary and floodway map (FBFM).

“Flood boundary and floodway map (FBFM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the floodway. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.190)

13.80.240 Flood damage-resistant materials.

“Flood damage-resistant materials” means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. (Also defined in CCR Title 24 Part 2.) (Ord. 2022-10 § 2, 2022)

13.80.250 Flood hazard area.

“Flood hazard area” means the greater of the following two areas (also defined in CCR Title 24 Part 2):

(A) The area within a floodplain subject to a one percent or greater chance of flooding in any year.

(B) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated. (Ord. 2022-10 § 2, 2022)

13.80.260 Flood hazard boundary map.

“Flood hazard boundary map” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazard. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.200)

13.80.270 Flood insurance rate map (FIRM).

“Flood insurance rate map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.210)

13.80.280 Flood insurance study.

“Flood insurance study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.220)

13.80.290 Floodplain or flood-prone area.

“Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source. (See “Flood, flooding or floodwater.”) (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.230)

13.80.300 Floodplain administrator.

“Floodplain administrator” means the individual appointed to administer and enforce the floodplain management regulations. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.240)

13.80.310 Floodplain management.

“Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.250)

13.80.320 Floodplain management regulations.

“Floodplain management regulations” means the ordinance codified in this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.260)

13.80.330 Floodproofing.

“Floodproofing” means 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. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.270)

13.80.340 Floodway.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as “regulatory floodway.” (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.310)

13.80.350 Floodway encroachment line.

“Floodway encroachment line” means the lines marking the limits of floodways on federal, state and local floodplain maps. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.320)

13.80.360 Floodway fringe.

“Floodway fringe” means that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.330)

13.80.370 Fraud and victimization.

“Fraud and victimization” as related to Section 13.80.700, Variance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.340)

13.80.380 Functionally dependent use.

“Functionally dependent use” means 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, and does not include long-term storage or related manufacturing facilities. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.350)

13.80.390 Governing body.

“Governing body” means the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.360)

13.80.400 Hardship.

“Hardship” as related to Section 13.96.030(E) means the exceptional hardship that would result from a failure to grant the requested variance. The city requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § I (Exh. A (part)), 1996. Formerly 13.80.370)

13.80.410 Highest adjacent grade.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.380)

13.80.420 Historic structure.

“Historic structure” means any structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B. 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;

C. 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

D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § I (Exh. A (part)), 1996. Formerly 13.80.390)

13.80.430 Letter of map change (LOMC).

“Letter of map change (LOMC)” means an official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

A. Letter of Map Amendment (LOMA). An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

B. Letter of Map Revision (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

C. Letter of Map Revision Based on Fill (LOMR-F). A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.

D. Conditional Letter of Map Revision (CLOMR). A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM. (Ord. 2022-10 § 2, 2022)

13.80.440 Levee.

“Levee” means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.400)

13.80.450 Levee system.

“Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closures and drainage devices, which are constructed and operated in accord with sound engineering practices. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.410)

13.80.460 Lowest floor.

“Lowest floor” means the lowest floor enclosed area including a basement (see “Basement” definition).

A. An unfinished or flood-resistant enclosure below the lowest floor that is 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 it conforms to the applicable nonelevation design requirements of this division, including but not limited to:

1. The wet floodproofing standards in Section 13.92.010(C)(3);

2. The anchoring standards in Section 13.92.010(A);

3. The construction materials and methods standards in Section 13.92.010(B).

B. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas. (Ord. 2022-10 § 2, 2022; Ord. 98-8 § 11, 1998. Formerly 13.80.420)

13.80.470 Manufactured home.

“Manufactured home” means 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 attached to the required utilities. The term “manufactured home” does not include a recreational vehicle. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.430)

13.80.480 Manufactured home park or subdivision.

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.440)

13.80.490 Market value.

Market value shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost by the amount of depreciation, which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square-foot cost factor determined reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent appraiser and supported by a written explanation of the differences. (Ord. 2022-10 § 2, 2022; Ord. 2003-12 § 1 (part), 2003. Formerly 13.80.445)

13.80.500 Mean sea level.

“Mean sea level” means, 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. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.450)

13.80.510 New construction.

“New construction,” for floodplain management purposes, means structures for which the start of construction commenced on or after the effective date of floodplain management regulations adopted by the community, and includes any subsequent improvements to such structures. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § I (Exh. A (part)), 1996. Formerly 13.80.480)

13.80.520 New manufactured home park or subdivision.

“New manufactured home park or subdivision” means 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 this community. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.490)

13.80.530 Obstruction.

“Obstruction” means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or, due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.500)

13.80.540 One-hundred-year flood or 100-year flood.

See “Base flood.” (Ord. 2022-10 § 2, 2022; Ord. 96-3 § I (Exh. A (part)), 1996. Formerly 13.80.510)

13.80.550 Permit for floodplain development.

“Permit for floodplain development” means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to be compliant with these regulations. (Ord. 2022-10 § 2, 2022)

13.80.560 Principal structure.

“Principal structure” means a structure used for the principal use of the property as distinguished from an accessory use. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.530)

13.80.570 Public safety and nuisance.

“Public safety and nuisance,” as related to Section 13.96.030(E), means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.540)

13.80.580 Recreational vehicle.

“Recreational vehicle” means a vehicle which is:

A. Built on a single chassis;

B. Four hundred square feet or less when measured at the largest horizontal projection;

C. Designed to be self-propelled or permanently towable by a light duty truck; and

D. Designated primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. (Ord. 2022-10 § 2, 2022; Ord. 98-8 § 15, 1998; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.550)

13.80.590 Regulatory floodway.

“Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.560)

13.80.600 Remedy a violation.

“Remedy a violation” means to bring the structure or other development into compliance with state or local floodplain regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development. (Ord. 2022-10 § 2, 2022; Ord. 2003-12 § 1 (part), 2003: Ord. 98-9 § 16, 1998. Formerly 13.80.565)

13.80.610 Riverine.

“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. (Ord. 2022-10 § 2, 2022; Ord. 963 § I (Exh. A (part)), 1996. Formerly 13.80.570)

13.80.620 Sheet flow area.

See “Area of shallow flooding.” (Ord. 2022-10 § 2, 2022; Ord. 96-3 § I (Exh. A (part)), 1996. Formerly 13.80.590)

13.80.630 Special flood hazard area (SFHA).

“Special flood hazard area (SFHA)” means an area having special flood and/or mudslide (i.e., mudflow) hazards and shown on an FHBM or FIRM as zone A, AO, AI-A30, AE, A99, AH, E, or M. (Ord. 2022-10 § 2, 2022; Ord. 98-8 § l8, 1998. Formerly 13.80.600)

13.80.640 Start of construction.

“Start of construction” means and includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The “actual start” means 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 garage or sheds not occupied as dwelling units or not part of the main structure. 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. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.610)

13.80.650 Structure.

“Structure” means a walled and roofed building that is principally aboveground; this includes a gas or liquid storage tank or a manufactured home. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.620)

13.80.660 Substantial damage.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.630)

13.80.670 Substantial improvement.

“Substantial improvement” means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

A. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

B. Any alteration of a historic structure; provided, that the alteration will not preclude the structure’s continued designation as a historic structure. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.640)

13.80.680 Utility and miscellaneous Group U.

“Utility and miscellaneous Group U” means buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code. (Ord. 2022-10 § 2, 2022)

13.80.690 Violation.

“Violation” means the failure of a structure or other development to be fully compliant with this chapter. 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. (Ord. 2022-10 § 2, 2022; Ord. 2003-12 § 1 (part), 2003: Ord. 98-8 § 20, 1998. Formerly 13.80.655)

13.80.700 Variance.

“Variance” means a grant of relief from the requirements of this division which permits construction in a manner that would otherwise be prohibited by this division. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.660)

13.80.710 Water surface elevation.

“Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § 1 (Exh. A (part)), 1996. Formerly 13.80.670)

13.80.720 Watercourse.

“Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 2022-10 § 2, 2022; Ord. 96-3 § I (Exh. A (part)), 1996. Formerly 13.80.680)