Chapter 16.82 DEFINITIONS*

Unless specifically defined below, words or phrases used in this division 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. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.010 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. 599 § 2, 2004)

16.82.020 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. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.030 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. 599 § 2, 2004)

16.82.040 Appeal.

“Appeal” means a request for a review of the Floodplain Administrator’s interpretation of any provision of this division. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.050 Area of shallow flooding.

“Area of shallow flooding” means a designated AO or AH zone on a community’s 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. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.051 Area of special flood hazard.

For “area of special flood hazard” see “special flood hazard area.” (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.053 Area of special flood-related erosion hazard.

“Area of special flood-related erosion hazard” is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as zone E on the Flood Insurance Rate Map (FIRM). (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.055 Area of special mudslide (i.e., mudflow) hazard.

“Area of special mudslide (i.e., mudflow) hazard” is the area most likely to be subject to severe mudslides (i.e., mudflows). The area is designated as zone M on the Flood Insurance Rate Map (FIRM). (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.060 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 “100-year flood”). “Base flood” is the term used throughout this division. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.070 Basement.

“Basement” means any area of the building having its floor subgrade – i.e., below ground level – on all sides. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.080 Breakaway walls.

“Breakaway walls” are 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 abnormal 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:

A. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

B. 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. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.090 Building.

For “building” see “structure.” (Ord. 599 § 2, 2004)

16.82.100 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. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.110 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. 599 § 2, 2004)

16.82.115 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. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.120 Expansion to an existing manufactured home park or manufactured home subdivision.

“Expansion to an existing manufactured home park or manufactured home subdivision” is 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). (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.130 Flood, flooding or floodwater.

“Flood, flooding or floodwater” is:

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 of runoff of surface waters from any source; and/or mudslides, (i.e., mudflows).

B. The condition resulting from flood-related erosion. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.140 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 hazards and the floodway. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.150 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 hazards. (Ord. 599 § 2, 2004)

16.82.160 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 hazards and the risk premium zones applicable to the community. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.170 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. 599 § 2, 2004)

16.82.180 Flood-related erosion.

“Flood-related erosion” means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level 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 a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding. (Ord. 599 § 2, 2004)

16.82.190 Flood-related erosion area or flood-related erosion prone area.

“Flood-related erosion area” or “flood-related erosion prone area” means a land area adjoining the shore of a lake or other body of water which, due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage. (Ord. 599 § 2, 2004)

16.82.200 Flood-related erosion area management.

“Flood-related erosion area management” means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including, but not limited to, emergency preparedness plans, flood-related erosion control works, and floodplain management regulations. (Ord. 599 § 2, 2004)

16.82.210 Floodplain or flood-prone area.

“Floodplain” or “flood-prone area” means any land susceptible to being inundated by water from any source (see definition of “flood, flooding or floodwater”). (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.220 Floodplain Administrator.

“Floodplain Administrator” is the City Engineer. (Ord. 854 § 6, 2022)

16.82.230 Floodplain management.

“Floodplain management” means the operation of an overall program of corrective and preventative measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.240 Floodplain management regulations.

“Floodplain management regulations” means this division 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. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.250 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. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.) (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.260 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. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.270 Floodway fringe.

“Floodway fringe” is that area of the floodplain on either side of the “regulatory floodway” where encroachment may be permitted. (Ord. 599 § 2, 2004)

16.82.280 Fraud and victimization.

“Fraud and victimization,” as related to Chapter 16.90 PMC, Variances, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Poway will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 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. 599 § 2, 2004)

16.82.290 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, but does not include long-term storage or related manufacturing facilities. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.300 Governing body.

“Governing body” is 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. 599 § 2, 2004)

16.82.310 Hardship.

“Hardship,” as related to Chapter 16.90 PMC, Variances, means the exceptional hardship that would result from a failure to grant the requested variance. The City of Poway 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. 599 § 2, 2004)

16.82.320 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. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.330 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 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 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. 599 § 2, 2004)

16.82.340 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. 599 § 2, 2004)

16.82.350 Levee system.

“Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. (Ord. 599 § 2, 2004)

16.82.360 Lowest floor.

“Lowest floor” means the lowest floor of the lowest enclosed area, including 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 applicable nonelevation design requirements, including, but not limited to:

1. The wet floodproofing standard in PMC 16.88.010(C)(3);

2. The anchoring standards in PMC 16.88.010(A);

3. The construction materials and methods standards in PMC 16.88.010(B); and

4. The standards for utilities in PMC 16.88.020.

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. 599 § 2, 2004)

16.82.370 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. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.380 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. 599 § 2, 2004)

16.82.390 Market value.

“Market value” shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure 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 by 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 professional appraiser and supported by a written explanation of the differences. (Ord. 599 § 2, 2004)

16.82.400 Mean sea level.

“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1988 or others to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced. (Ord. 854 § 6, 2022)

16.82.410 Mudslide.

“Mudslide” describes a condition where there is a river, flow or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover, and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.420 Mudslide (i.e., mudflow) prone area.

“Mudslide (i.e., mudflow) prone area” means an area with land surfaces and slopes of unconsolidated material where the history, geology and climate indicate a potential for mudflow. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.430 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 this community and includes any subsequent improvements to such structures. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.440 New manufactured home park or manufactured home subdivision.

“New manufactured home park or manufactured home subdivision” means a manufactured home park or subdivision 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. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.450 Obstruction.

“Obstruction” 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. 599 § 2, 2004)

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

For “one-hundred-year flood” or “100-year flood” see “base flood.” (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.470 Public safety and nuisance.

“Public safety and nuisance,” as related to Chapter 16.90 PMC, Variances, means that the granting of a variance must not result in anything which is injurious to the 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. 599 § 2, 2004)

16.82.480 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. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.490 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. 599 § 2, 2004)

16.82.500 Remedy a violation.

“Remedy a violation” means to bring the structure or other development into compliance with State or local floodplain management 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 division or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.510 Riverine.

“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.520 Sheet flow area.

For “sheet flow area” see “area of shallow flooding.” (Ord. 599 § 2, 2004)

16.82.530 Special flood hazard area (SFHA).

“Special flood hazard area (SFHA)” means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1 – A30, AE, A99 or AH. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.540 Start of construction.

“Start of construction” 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 180 days from the date of the permit. The actual start 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. 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. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.550 Structure.

“Structure” means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.560 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 50 percent of the market value of the structure before the damage occurred. (Ord. 599 § 2, 2004)

16.82.570 Substantial improvement.

“Substantial improvement” means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 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. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.580 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. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.590 Violation.

“Violation” means the failure of a structure or other development to be fully compliant with this division. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this division, is presumed to be in violation until such time as that documentation is provided. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.82.600 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. 599 § 2, 2004)

16.82.610 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. 599 § 2, 2004)