[Ord. #2000, § 1]
Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage as to give the Flood Plain Management Regulations reasonable application.
APPEALShall mean a request for a review of the Floodplain Administrator's interpretation of any provision of this section.
AR ZONEShall mean a special flood hazard area that results from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide a 100-year or greater level of flood protection.
AREA OF SHALLOW FLOODINGShall mean a designated AR Zone (with base flood depth) 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 flow is characterized by ponding or sheet flow.
BASE FLOODShall mean a flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this section.
BASEMENTShall mean any area of the building having its floor subgrade – i.e. below ground level on all sides.
CITYShall mean the City of Compton.
DEVELOPED AREASShall mean an area of a community that is:
a. A primarily urbanized, built-up area that is a minimum of 20 contiguous acres, has basic urban infrastructure, including roads, utilities, communications, and public facilities, to sustain industrial, residential and commercial activities, and
1. Within which 75% or more of the parcels, tracts, or lots contain commercial, industrial or residential structures or uses; or
2. Is a single parcel, tract or lot in which 75% of the area contains existing commercial or industrial structures or uses; or
3. Is a subdivision developed at a density of at least two residential structures per acre in which 75% or more of the lots contain existing residential structures.
b. Undeveloped parcels, tracts or lots, the combination of which is less than 20 acres which is contiguous on at least three sides to areas meeting the criteria of paragraph a1.
c. A subdivision that is a minimum of 20 contiguous acres and has obtained all necessary government approvals, provided that the actual "start of construction" of structures has occurred on at least:
1. 10% of the lots or remaining lots of the subdivision; or
2. 10% of the maximum building coverage or remaining building coverage allowed for a single lot subdivision and construction of structures is underway.
3. Residential subdivisions must meet the density criteria in paragraph a3 above.
d. Per the above definition, all of the land within the corporate limits of the City of Compton is a "developed area" for the following reasons:
1. The City of Compton is 6,514 contiguous acres in size and is fully urbanized and built up, with basic infrastructure, including roads, utilities, communications and public facilities to sustain industrial, residential and commercial activities and within which less than 3% of the land is vacant and undeveloped.
2. There are no undeveloped/vacant parcels, tracts or lots within the City that are 20 acres or greater in area. Nor are there undeveloped/vacant parcels, tracts or lots contiguous to each other that equal or exceed 20 acres in area. In addition, all undeveloped/vacant parcels, tracts, or lots within the City are contiguous on at least three sides to areas meeting the criteria of paragraph d1 above.
DEVELOPMENTShall mean any man-made change to improved or unimproved real estate, including but not limited to buildings and other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
ENCROACHMENTShall mean the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a flood plain, which may impede or alter the flow capacity of a flood plain.
FLOOD INSURANCE RATE MAP (FIRM)Shall mean 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.
FLOOD INSURANCE STUDYShall mean the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood.
FLOOD PLAIN MANAGEMENTShall mean 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 flood plain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
FLOOD PROOFINGShall mean 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.
FLOOD, FLOODING OR FLOOD WATERShall mean:
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); and
b. The condition resulting from flood-related erosion.
FRAUD AND VICTIMIZATIONAs related in the Variance Procedure, of this section, shall mean 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 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.
HARDSHIPAs related in the Variance Procedure, shall mean the exceptional hardship that would result from a failure to grant the requested variance. Said variance shall be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exception. Inconvenience aesthetic considerations, physical handicaps, personal preferences and the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exception 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.
HIGHEST ADJACENT GRADEShall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
LEVEEShall mean a man-made 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.
LEVEE SYSTEMShall mean 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.
LOWEST FLOORShall mean the lowest floor of the lowest enclosed area, including basement (see "Basement").
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:
3. The construction materials and methods standards in subsection
14-10.8a2.
4. The standards for utilities in subsection
14-10.9.
b. For residential structures, all subgrade-enclosed areas are prohibited as they are considered basements. This prohibition includes below-grade garages and storage areas.
MANUFACTURED HOMEShall mean a structure, transportable in one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
MEAN SEA LEVELShall mean, 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 CONSTRUCTIONFor floodplain management purposes, shall mean new freestanding structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted herein and includes any subsequent improvements to such structures.
OBSTRUCTIONShall mean and include, 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.
PUBLIC SAFETY AND NUISANCEAs referred to in the Variance Procedure of this section, shall mean that the granting of a variance shall 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, or river, bay, stream, canal or basin.
RECREATIONAL VEHICLEShall mean 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.
REMEDY A VIOLATIONShall mean to bring the structure or other development into compliance with State or local flood plain 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 the regulation or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.
RIVERINEShall mean relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SPECIAL FLOOD HAZARD AREA (SFHA)Shall mean an area in the flood plain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM for Compton as Zone AR.
START OF CONSTRUCTIONShall mean and include proposed new development and means the date the building permit was issued, provided the actual start of construction 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.
STRUCTUREShall mean a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
VARIANCEShall mean a grant of relief from the requirements of these regulations which permits construction in a manner that would otherwise be prohibited.
VIOLATIONShall mean the failure of a structure or other development to be fully compliant with these regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in these regulations is presumed to be in violation until such time as such documentation is provided.
WATER SURFACE ELEVATIONShall mean 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.
WATERCOURSEShall mean 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.