Article IV — Definitions

The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the building codes.

(Ord. No. 2018-53, § 2, 10-2-18)

"Alteration of a waterway means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

"Development" means any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, operations and other land-disturbing activities.

"Encroachment" means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

"Market value" means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this chapter, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash value (replacement cost depreciated for age and quality of

construction), or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser.

"Waterway" means a river, creek, stream, arroyo, channel or other topographic feature in, on, through, or over which water flows at least periodically.

(Ord. No. 2018-53, § 2, 10-2-18)

If any section, subsection, sentence, clause, or phrase of these regulations is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared.

(Ord. No. 2018-53, § 2, 10-2-18)