Skip to main content
Loading…
This section is included in your selections.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application.

(a) “Adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot (1') at any point.

(b) “Appeal” means a request for a review of the Director’s interpretation of any provision of this chapter or a request for a variance.

(c) “Base flood” means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. This is commonly called a 100-year flood.

(d) “Basement” means any area of the building having its floor subgrade i.e., below ground level on all sides. (Ord. 2560, § 1, 10/4/2016)

(e) “Breakaway walls” means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are not part of the structural support of the building and which are so designed as to breakaway, under abnormally high water or wave action, without damage to structural integrity of the building on which they are used or of any buildings to which the might be carried by flood waters. (Ord. 2560, § 1, 10/4/2016)

(f) “Building Official” means the Building Official of the Planning and Building Department or his/her designee. (Ord. 1827, 4/19/1988; Ord. 2102, § 1, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(g) “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 located within the area of special flood hazard. (Ord. 2102, § 1, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(h) “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 this chapter. (Ord. 2102, § 1, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(i) “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 pouring of concrete pads). (Ord. 2102, § 1, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(j) “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from: (Ord. 2560, § 1, 10/04/2016)

(1) The overflow of inland or tidal waters and/or

(2) The unusual and rapid accumulation of run off surface waters from any source.

(k) “Flood Boundary Floodway Map (FBFM)” means the official map on which the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. (Ord. 2560, § 1, 10/4/2016)

(l) “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. (Ord. 2560, § 1, 10/4/2016)

(m) “Flood Insurance Study” means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the FIRM, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. (Ord. 2560, § 1, 10/4/2016)

(n) “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. 2102, § 2, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(o) “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 (1'). The floodway is delineated in part on the Flood Boundary Floodway Map. (Ord. 2560, § 1, 10/4/2016)

(p) “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (Ord. 2560, § 1, 10/4/2016)

(q) “Historic Structures” means any structure that is: (Ord. 2560, § 1, 10/04/2016)

(1) 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 in the National Register; (Ord. 2560, § 1, 10/4/2016)

(2) Certified or preliminary 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; (Ord. 2560, § 1, 10/4/2016)

(3) 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 (Ord. 2560, § 1, 10/4/2016)

(4) 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. 2560, § 1, 10/4/2016)

(r) “Lowest floor” means the lowest floor of the lowest enclosed area including basement. (Ord. 2560, § 1, 10/04/2016)

(1) 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 of this ordinance, including, but not limited to: (Ord. 1827, 4/19/88; Ord. 2102, § 2, 1/9/96; Ord. 2560, § 1, 10/04/2016)

(A) The flood openings standard in Section 335-5(a)(3)e. (Ord. 2560, § 1, 10/4/2016)

(B) The anchoring standards in Section 335-5(a)(1). (Ord. 2560, § 1, 10/4/2016)

(C) The construction materials and methods standard in Section 335-5(a)(2). (Ord. 2560, § 1, 10/4/2016)

(D) The standards for utilities in Section 335-5(c). (Ord. 2560, § 1, 10/4/2016)

(2) 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. 2560, § 1, 10/4/2016)

(s) “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. 1827, 4/19/1988; Ord. 2560, § 1, 10/4/2016)

(t) “Manufactured home” means a structure that is transportable in one or more sections, which is built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle”. (Ord. 1827, 4/19/1988; Ord. 2102, § 3, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(u) “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. 2102, § 3, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(v) “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. (Ord. 1827, 4/19/1988; Ord. 2102, § 3, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(w) “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. (Ord. 2102, § 3, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(x) “Recreational Vehicle” means a vehicle which is 1) built on a single chassis; 2) 400 square feet or less when measured at the largest horizontal projection; 3) designed to be self-propelled or permanently towable by a light-duty truck; and 4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. (Ord. 2560, § 1, 10/4/2016)

(y) “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 the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development. (Ord. 2102, § 3, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(z) “Shallow flooding area” means an area designated AO or VO on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exists; the path of flooding is unpredictable; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. (Ord. 1827, 4/19/1988; Ord. 2560, § 1, 10/4/2016)

(aa) “Special flood hazard area (SFHA)” means the land in the flood plain within the unincorporated areas of Humboldt County subject to a one percent (1%) or greater chance of flooding in any given year. This area is designated as A, AO, AH, AE, A1-30, V, V1-30 or VE on the FHBM or FIRM. (Ord. 1827, 4/19/1988; Ord. 2560, § 1, 10/4/2016)

(bb) “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. (Ord. 2102, § 3, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(cc) “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. 2102, § 3, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(dd) “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. 2102, § 3, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(ee) “Substantial improvement” means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the total cost of which equals 50 percent of the market value of the structure before the “start of construction” of the improvement. If multiple or phased improvements are involved, said total costs shall be cumulative for a five (5) consecutive year period prior to start of construction. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either: (Ord. 2560, § 1, 10/04/2016)

(1) 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 (Ord. 2560, § 1, 10/4/2016)

(2) Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”. (Ord. 2102, § 3, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(ff) “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited. (Ord. 2560, § 1, 10/4/2016)

(gg) “Violation” means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. (Ord. 2102, § 3, 1/9/1996; Ord. 2560, § 1, 10/4/2016)

(hh) “Watercourse” means a natural or artificial channel with a defined bed and banks, through which water flows either continuously or intermittently. (Ord. 1541, § 4, 7/13/1982; Ord. 2560, § 1, 10/4/2016)