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.
"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"is an area subject to flooding when the floodplain is comprised of low flow channels where sediment accompanies the shallow flooding and the unstable soils scour and erode during a flooding event.
"APPEAL"means a request for a review of the Floodplain Administrator’s interpretation of any provision of this Chapter.
"AREA OF SHALLOW FLOODING"is a designated Zone A, AO, A1-A30, AE, A99, or AH on the Flood Insurance Rate Map. In these zones, the base flood depths range from one to three feet; a clearly defined channel does not exist; the noticeable path of flooding is unpredictable and indeterminate; and noticeable velocity flow may be evident.
"ASCE 24"is a standard titled Flood Resistant Design and Construction that is referenced by the California Building Code (CBC). ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.
"BASE FLOOD"is the flood having a one percent chance of being equaled or exceeded any given year.
"BASEMENT"means any area of the building having its floor subgrade (below ground level on all sides).
"BREAKAWAY WALLS"are any types 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 so designed as to break away under abnormal flood conditions without damage to the structural integrity of the building on which they are used or any building to which they might be carried by flood waters.
"BUILDING PERMIT"means a permit issued pursuant to Chapter 15 of Part VII of the Ordinance Code, including a mobile home installation permit.
"CALIFORNIA BUILDING CODE (CBC)"is the building code for California and is maintained by the California Building Standards Commission. Where referenced, the most current edition of the CBC should be assumed to apply.
"DESIGN FLOOD ELEVATION (DFE)"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 (2) feet.
"DEVELOPMENT"is any man-made change to improved or unimproved real estate (including filling, grading, paving, excavation, mining, dredging, storage of equipment or materials, or drilling operations) located within the area of special flood hazard.
"ENCROACHMENT"means the advance of infringement of uses, plant growth, fill, excavation, building, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
"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 the County.
"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).
"FLOOD" OR "FLOODING"is a general and temporary condition of a partial or complete inundation of normally dry land areas from:
(a) The overflow of inland waters and/or
The unusual and rapid accumulation of runoff of surface waters from any source.
"FLOOD BOUNDARY FLOODWAY MAP"is the official map on which the Federal Emergency Management Agency has delineated both the areas of flood hazards and the floodways.
"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.
"FLOOD INSURANCE RATE MAP" or "FIRM"is the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
"FLOOD INSURANCE STUDY"is the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map (FIRM), the Flood Boundary Floodway Map, and the water surface elevation of the base flood.
"FLOODPLAIN MANAGEMENT"means the operation of an overall program of the 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.
"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 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.
"FLOODPROOFING"means any combination of structural and non-structural additions, changes or adjustments to non-residential 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).
"FLOOD-RELATED EROSION"is a condition that exists in conjunction with a flooding event that alters the composition of the bank of a watercourse and increases the possibility of loss due to the erosion of the land area adjacent to the watercourse.
"FLOODWAY"means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. The floodway is delineated on the Flood Boundary Floodway Map, on maps adopted by the State Reclamation Board when acting within its jurisdiction, and/or on the County Zoning Map (signified by the F-1 Primary Flood Plain Zone).
"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
7-27-1265 of this Chapter pertaining to variances, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Governing Body 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; that 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, damage and suffering that those increased flood damages bring; and that, 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.
means the Board of Supervisors of the County of Tulare which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
"HABITABLE FLOOR"means any floor usable for living purposes, which includes working, sleeping, eating or recreation, or a combination thereof. For flood insurance purposes, "Habitable floor" and "Lowest floor" will share the same definition.
"HARDSHIP"as related to Section
7-27-1265 of this Chapter pertaining to variances means the exceptional hardship that would result from a failure to grant the requested variance. The hardship justifying a variance must 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.
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 the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
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;
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
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.
"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.
"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 accordance with sound engineering practices.
"LOWEST FLOOR"means the lowest floor of the lowest enclosed area, including basement (see definition of "Basement"), as follows:
(a) An unfinished or flood resistant enclosure below the lowest floor that is useable 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) the construction materials and methods standards in Section
7-27-1175,
For residential structures, all the subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.
"MANUFACTURED HOME"means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for the use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
"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.
"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.
"MOBILE HOME"is a structure, including a manufactured home certified under the National Mobile Home Construction and Safety Standards Act of 1974, that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers placed on a site for less than 180 consecutive days, or factory-built housing on permanent slab foundation.
"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.
"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 this Chapter.
"OBSTRUCTION"includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, 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, snare or collect debris carried by the flow of water, or is likely to be carried downstream.
"PUBLIC SAFETY AND NUISANCE"as related to Section
7-27-1265 of this Chapter pertaining to variances means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community, 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.
means a vehicle which is:
(a) Built on a single chassis,
Four hundred (400) square feet or less when measured at the largest horizontal projection,
Designed to be self-propelled or permanently towable by a light-duty truck, and
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 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.
"RIVERINE"means relating to, formed by, or resembling a river (including tributaries), stream, brook, creek, or other similar watercourses.
"SPECIAL FLOOD HAZARD AREA"is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. The area is designated as Zone A, AO, A1-A30, AE, A99, or AH on the FIRM.
"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 installation of a mobile home to its permanent site. 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"is a walled and roofed building or mobile home that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
"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.
"SUBSTANTIAL IMPROVEMENT"means any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a ten-year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. For each building or structure, the ten-year period begins on the date of the first permit issued for improvement or repair of that building or structure subsequent to 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 of 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
Any alteration of a "historic structure"; provided, that the alteration will not preclude the structure’s continued designation as a "historic structure."
"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.
"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 the 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 the 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.
(Amended by Ord. No. 3212, effective 10-29-98; amended by Ord. No. 3425, effective 6-9-11; amended by Ord. No. 3436, effective 3-29-12; amended by Ord. No. 3541, effective 10-11-18)