Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application.
"Accessory structure"means a structure that is either:
a. Solely for the parking of no more than two cars; or
b. A small, low cost shed for limited storage, less than 150 square feet and $1,500.00 in value.
"Accessory use"means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
"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.
"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.
"Appeal"means 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"means a designated AO 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.
"Base flood"means a flood which has a one percent chance of being equaled or exceeded in any given year (also called a 100-year flood). Base flood is the term used throughout this chapter.
"Base flood elevation"means the elevation shown on the Flood Insurance Rate Map for zone AE that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.
"Basement"means any area of the building having a floor subgrade (below ground level) on all sides.
"Depreciated market value"means the value of the structure only and does not include the land or any other accessory buildings or site improvements. It is the replacement cost of the existing structure less any depreciation that results from age or condition. This is the condition of the existing structure that is reflected in an appraisal prepared by an independent professional appraiser and submitted to the Building Official prior to issuance of building permits. To establish the value of any proposed improvements, a contractor shall submit an itemized breakdown of estimated material/labor costs and, prior to issuance of building permits, a signed contract with the property owner to do the improvements for a specified price.
"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, manufactured home parks or subdivisions, or storage of equipment or materials.
"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.
"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 or tidal waters and/or the unusual and rapid accumulation of runoff of surface waters.
"Flood Insurance Rate Map (FIRM)"means the most current official map prepared by the Federal Insurance Administration on file with the Planning and Building Department, which identifies the areas of special flood hazard within the City of Mill Valley.
"Flood Insurance Study"means the official report provided the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, Flood Boundary, Floodway Map, and the water surface elevation of the base flood.
"Floodplain management"means the operation 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 management regulations.
"Floodplain management regulations"means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as the 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"means any combination of structural and nonstructural additions, changes, or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved real estate, water and sanitary facilities, structures, and their contents. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.
"Floodway"means the channel of a river or other watercourse and adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the surface water elevation more than one foot. Also referred to as regulatory floodway.
"Floodway fringe"is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.
"Fraud and victimization"as related to Section
18.04.130, 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 of Mill Valley 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.
"Governing body"is the local governing body unit—i.e., the City of Mill Valley—that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of the citizenry.
"Hardship"as related to Section
18.04.130, Variances, of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The City of Mill Valley requires that the variance be exceptional, unusual or 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.
"Highest adjacent grade"means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a 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 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 with approved programs.
"Lowest floor"means the lowest floor of the lowest enclosed area including a basement (see basement definition). 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, those specified in Section
18.04.100, Standards of construction.
"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 permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers and travel trailers and other similar vehicles placed on a site greater than 180 consecutive days.
"Market value"means the replacement cost of an improvement less any depreciation that results from age or condition of the improvements. For purposes of this chapter, "market value" and "depreciated market value" have the same meaning. Market value of a structure excludes the value of the land, landscaping or detached accessory structures, as defined herein on the property. It is the property owner's responsibility to submit evidence establishing the market value of an existing or pre-damaged structure for review and approval by the Floodplain Administrator. 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.
a. 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.
b. 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. |
"Mean sea level"means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1998, or other datum, to which base flood elevation is shown on the community's Flood Insurance Rate Map are referenced.
"New construction"means structures for which the "start of construction" commenced on or after the effective date of this chapter and includes any subsequent improvements to such structures. The lowest floor of a new structure shall be a minimum of one foot above the base flood elevation.
"Non-substantial or minor improvement"means an improvement (including an addition, conversion or rehabilitation) that is valued at less than 50% of the depreciated market value of the existing structure. The lowest floor of an existing structure does not have to conform with the Mill Valley Floodplain Management Ordinance in connection with non-substantial or minor improvements to an existing structure.
"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.
"One hundred year flood"means 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.
"Permanent construction"does not include land clearing or filling; nor does it include the installation of streets and/or walkways; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.
"Public safety and nuisance"as related to Section
18.04.130, 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.
"Public service facilities"means any facilities installed by a governmental entity or an entity regulated by the Public Utilities Commission of the State of California and used or intended to be used to provide water, gas, electric or communication service and any pipelines and appurtenant facilities for the collection or transmission of sewage, floodwaters or stormwaters, petroleum, gas or any liquid substance.
"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.
"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.
"Remedy of 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 federal financial exposure with regard to the structure or other development.
"Riverine"means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Special flood hazard area (SFHA)"means the land in the floodplain within Mill Valley that is subject to a one percent or greater chance of flooding in any given year. Such areas are identified on the Flood Insurance Rate Map or FHBM on file with the City of Mill Valley and are further identified as Zone A, A0, A1-A30, AE, or A99.
"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 manufacture 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.
"Structure"means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
"Substantial damage"means:
a. 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; or
b. Flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred. This is also known as "repetitive loss."
"Substantial improvement"means any repair, remodel, rehabilitation, addition, or improvement within a two-year time period, the cost of which equals or exceeds 50% of the "depreciated market" value of the existing structure either, before the improvement is started, or if the structure has been damaged and is being restored, before the damage occurred. In instances where there has been substantial damage in the absence of an appraisal, the "depreciated market value" of a structure shall be established by the property owner and approved by the Floodplain Administrator through use of a combination of the latest Marin County Assessor rolls, qualified estimates of the actual cash value of the structure provided by a licensed contractor, a licensed appraisal containing the value(s) of other comparable houses in the neighborhood or any other improvement estimate accepted by the Floodplain Administrator. 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 costs of improvements required to comply with existing state or local health, sanitary, building or safety codes or regulations, or any alteration of a structure listed on the National Register of Historic Places or any state designation of historic places may be excluded from the total construction/improvement cost.
"Tidelands"means those areas below the highest tide line as established by the San Francisco Bay Conservation and Development Commission for the Richardson Bay shoreline.
"Variance"means a grant of release from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
"Violation"means 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, or certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
"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.
"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. 1257 § 2, October 15, 2012)