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 chapter its most reasonable
application.
(Ord. 909 § 2, 1998)
"Appeal" means a request for a review of the floodplain administrator's
interpretation of any provision of this chapter.
(Ord. 909 § 2, 1998)
"Area of shallow flooding" means a designated AO, AH zone, or
an AR zone where a depth is noted 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.
(Ord. 909 § 2, 1998)
"AR zone" means 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 one hundred year or greater level of flood protection.
(Ord. 909 § 2, 1998)
"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
chapter.
(Ord. 909 § 2, 1998)
"Basement" means any area of the building having its floor subgrade,
i.e., below ground level, on all sides.
(Ord. 909 § 2, 1998)
Building. See "structure."
(Ord. 909 § 2, 1998)
A. For
the purposes of this chapter, the city of Pico Rivera has been determined
to be a developed area, as defined as follows:
1. 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
a. Within which 75% or more of the parcels, tracts, or lots contain
commercial, industrial, or residential structures or uses, or
b. Is a single parcel, tract, or lot in which 75% of the area contains
existing commercial or industrial structures or uses, or
c. Is a subdivision developed at a density of at least two residential
structures per acre within which 75% or more of the lots contain existing
residential structures;
2. Undeveloped parcels, tracts, or lots, the combination of which is less than 20 acres and contiguous on at least three sides to areas meeting the criteria of subsection
1 of this section,
3. A
subdivision that is a minimum of 20 contiguous acres that has obtained
all necessary government approvals, provided that the actual "start
of construction" of structures has occurred on at least:
a. Ten percent of the lots or remaining lots of a subdivision, or
b. Ten percent of the maximum building coverage or remaining building coverage allowed for a single lot subdivision, and construction of structures is underway. Residential subdivisions must meet the density criteria in subsection
(1)(c) of this section;
4. Developed
areas as identified in the city of Pico Rivera zoning map presently
in effect or as amended.
(Ord. 909 § 2, 1998)
"Development" means 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 or storage of equipment or materials.
(Ord. 909 § 2, 1998)
"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. 909 § 2, 1998)
"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. 909 § 2, 1998)
"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. 909 § 2, 1998)
"Flood, flooding, or flood water" means a general and temporary
condition of partial or complete inundation of normally dry land areas
from the overflow of inland waters; the unusual and rapid accumulation
or runoff of surface waters from any source.
(Ord. 909 § 2, 1998)
"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. 909 § 2, 1998)
"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. 909 § 2, 1998)
"Floodplain or flood-prone area" means any land area susceptible
to being inundated by water from any source (see "flooding").
(Ord. 909 § 2, 1998)
"Floodplain administrator" is the individual appointed to administer
and enforce the floodplain management regulations.
(Ord. 909 § 2, 1998)
"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. 909 § 2, 1998)
"Floodplain management regulations" means this chapter and other
zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as grading and erosion
control) and other application of police power which control development
in floodprone 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. 909 § 2, 1998)
"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. 909 § 2, 1998)
"Fraud and victimization" as related to Section
15.50.560, Variances, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council 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. 909 § 2, 1998)
"Governing body" is the city council of the city of Pico Rivera
that is empowered to adopt and implement regulations to provide for
the public health, safety and general welfare of its citizenry.
(Ord. 909 § 2, 1998)
"Hardship" as related to Section
15.50.560, Variances, of this chapter means 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 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. 909 § 2, 1998)
"Highest adjacent grade" means the highest natural elevation
of the ground surface prior to construction next to the proposed walls
of a structure.
(Ord. 909 § 2, 1998)
"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 with approved
programs.
(Ord. 909 § 2, 1998)
"Levee" means 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.
(Ord. 909 § 2, 1998)
"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. 909 § 2, 1998)
"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 non-elevation design
requirements, including, but not limited to:
3. Construction materials and methods standards in Section
15.50.525(B) of this chapter;
4. The standards for utilities in Section
15.50.530 of this chapter.
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. 909 § 2, 1998)
"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. 909 § 2, 1998)
"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. 909 § 2, 1998)
"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. 909 § 2, 1998)
"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. 909 § 2, 1998)
"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. 909 § 2, 1998)
"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. 909 § 2, 1998)
One hundred year flood or 100 year flood. See "base flood."
(Ord. 909 § 2, 1998)
"Public safety and nuisance" as related to Section
15.50.560, Variances, of this chapter means 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.
(Ord. 909 § 2, 1998)
"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;
D. Designed
primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
(Ord. 909 § 2, 1998)
"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. 909 § 2, 1998)
"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 the FIRM as zones AR, AH, AO, AR/A or as an AR
zone where a depth is noted.
(Ord. 909 § 2, 1998)
"Start of construction" includes 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.
(Ord. 909 § 2, 1998)
"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. 909 § 2, 1998)
"Variance" means a grant of relief from the requirements of
this chapter which permits construction in a manner that would otherwise
be prohibited by this chapter.
(Ord. 909 § 2, 1998)
"Water surface elevation" means the height, in relation to the
National Geodetic Vertical Datum (NGVD) of 1929, of floods of various
magnitudes and frequencies in the floodplains of riverine areas.
(Ord. 909 § 2, 1998)
"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. 909 § 2, 1998)
"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. 909 § 2, 1998)
"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 chapter or otherwise deterring future
similar violations, or reducing state or federal financial exposure
with regard to the structure or other development.
(Ord. 909 § 2, 1998)