15-5
DEFINITIONS:
As used in this Chapter:
AR Zone shall mean a special flood zone area that results from the decertification of a previously accredited flood protection system that is determined to be in process of being restored to provide a 100-year or greater level of flood protection.
Accessory use shall mean a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
Appeal shall mean 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 shall mean a designated AO, AH, AR/AO or AR/AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot to three feet (1' to 3'); 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.
Area of special flood hazard: See definition of Special flood hazard area (SFHA).
Base flood shall mean the flood having a one percent (1%) chance on being equalled or exceeded in any given year (also called the “100-year flood”).
Basement shall mean any area of the building having its floor subgrade (below ground level) on all sides.
Developed areas shall mean the City of Lynwood for purposes of this Chapter is a developed area according to the following definitions:
a. A primary urbanized, built-up area that is a minimum of twenty (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 seventy five percent (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 seventy five percent (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 (2) residential structures per acre within which seventy five percent (75%) or more of the lots contain existing residential structures.
b. Undeveloped parcels, tracts, or lots, the combination of which is less than twenty (20) acres and contiguous on at least three (3) sides to the areas meeting the criteria of subsection a1.
c. A subdivision that is a minimum of twenty (20) contiguous acres that has obtained all necessary government approvals, provided that the actual “start of construction” of structures has occurred on at least:
1. Ten percent (10%) of the lots or remaining lots of a subdivision, or
2. Ten percent (10%) of the maximum building coverage or remaining building coverage allowed for a single lot subdivision, and construction of structure is underway. Residential subdivisions must meet the density criteria in subsection a3.
d. Developed area was determined by aerial photographic maps, water main maps, sewer line maps, and Zoning Map.
Development shall mean any manmade 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.
Encroachment shall mean 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.
Existing manufactured home park or subdivision shall mean 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 City of Lynwood.
Expansion to an existing manufactured home park or subdivision shall mean 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 shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from: a) the overflow of flood waters, b) the unusual and rapid accumulation or runoff of surface waters from any source, or c) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in “flooding” as defined in this definition.
Flood Insurance Rate Map (FIRM) shall mean the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both areas of special flood hazards and the risk premium zones applicable to the community.
Flood insurance study shall mean the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and Floodway Map, and the water surface elevation of the base flood.
Floodplain or flood prone area shall mean any land susceptible to being inundated by water from any source. (See definition of “Flood” or “flooding”.)
Floodplain Administrator shall be the individual appointed to administer and enforce the floodplain management regulations.
Floodplain management shall mean 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 shall mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as Floodplain Ordinance, Grading Ordinance and Erosion Control Ordinance) and other application of police power. The term describes such State or local regulation in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Floodproofing shall 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.
Floodway shall mean 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'). 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 15-19 of this Chapter, shall mean that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council of the City of Lynwood, will consider the fact that every newly constructed building adds to the government’s responsibilities and remains part of the community for fifty (50) to one hundred (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 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.
Functionally dependent use shall mean a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and shipping and unloading of cargo or passengers, and shipbuilding and shipping repair facilities, but does not include long-term storage or related manufacturing facilities.
Governing body is the local governing unit that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
Hardship as related to Section 15-19 of this Chapter shall mean the exceptional hardship that would result from a failure to grant the requested variance. The City Council requires that the variance 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 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 shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historical structure shall mean any structure that is:
a. Listed individually in the National Register of Historic Places (a list maintained by the Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;
b. Certified or preliminarily determined by the Secretary of 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 the State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior without approved programs.
Levee shall mean a manmade 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 shall mean a flood protection system which consists of a levee, or levees, and associated structures, such as closures and drainage devices, which are constructed and operated in accord with sound engineering practices.
Lowest floor shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, 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, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this Chapter.
Manufactured home shall mean 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 connected to the required utilities. For floodplain management purposes the term “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.
Manufactured home park or subdivision shall mean a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent.
Mean sea level shall 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 construction shall mean, for floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by this community.
New manufactured home park and subdivision shall mean 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 the City of Lynwood.
Obstruction shall 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 being carried downstream.
One hundred year flood or 100-year flood shall mean a flood which has a one percent (1%) annual probability of being equalled or exceeded. It is identical to the base flood, which will be the term used throughout this Chapter.
Public safety and nuisance as related to Section 15-19 of this Chapter shall mean that the granting of a variance must not result in anything which is injurious to 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.
Regulatory floodway shall mean 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 by more than one foot (1').
Remedy a violation shall mean 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 of other development.
Riverline shall 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 floodplain subjected to a one percent (1%) or greater chance of flooding in any given year. It is shown on a FIRM as Zone A, AO, A1-A30, AE, A99, AR/A1-A30, AR/AE, AR/AO, AR/AH, AR/A, AH, V1-V30, VE or V.
Start of construction shall mean and include substantial improvement, the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. 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 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.
Structure shall mean a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.
Substantial damage shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurs.
Substantial improvement shall mean any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure, either: a) before the improvement or repair is started; or b) if the structure has been damaged, and is being restored, before the damage occurred.
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 term does not, however, include:
a. Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
Variance shall mean 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 shall mean 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, 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.
Water surface elevation shall 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 and riverine areas.
Watercourse shall 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. (Code 1972 §12 1/2-5; Ord. #1095, §1; Ord. #1289, §1; Ord. #1301, §12 1/2-5; Ord. #14851, §1)
Ordinance #1485 is effective July 6, 1998.