Contra Costa County Municipal Code § 82-28.472 Historic structure

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

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this ordinance or decision on a request for a variance.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Area of shallow flooding" means a designated AO, AH or VO 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.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Base flood elevation (BFE)" means the elevation above "mean sea level" to which the base flood will rise as determined by FEMA or the floodplain administrator.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Base flood" means a flood having a one percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Breakaway walls" are any type of walls, whether solid or lattice and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material that is not part of the structural support of the building and that is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

(1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

(2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Building permit" means a: building permit, plumbing permit, electrical permit or mechanical permit issued by the Contra Costa County building inspection department.

(Ords. 2000-33, 99-35, 96-11).

"Coastal high-hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is the area subject to high-velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a FIRM as zone VI-V30, VE or V.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Development" means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations and storage of equipment or materials.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Encroachment" means the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain that may impede or alter the flow capacity of a floodplain.

(Ord. 2000-33, 99-35).

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads and the construction of streets are completed on or before the effective date of this ordinance.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"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, either final site grading or pouring of concrete pads or the construction of streets.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of floodwaters; and/or

(2) The unusual and rapid accumulation or runoff of surface waters from any source; and/or

(3) 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 that results in flooding as defined in this definition.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Flood boundary and floodway map" means the official map described in Section 82-28.604 on which the FEMA or FIA has delineated both the areas of flood hazard and the floodway.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Flood insurance rate map (FIRM)" means the official map described in Section 82-28.604 on which the FEMA or FIA has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Flood insurance study" means the official report described in Section 82-28.604 provided by the FIA that includes flood profiles, the FIRM, the flood boundary and floodway map, and in some areas, the base flood elevation.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (See definition of "flood or flooding").

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Floodplain administrator" means the individual appointed to administer and enforce the floodplain management regulations.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Floodplain management" means the operation of an overall program of 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 work and floodplain management regulations.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control regulations) and other applications of the police power that control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof that provide standards for preventing and reducing flood loss and damage.

(Ord. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Floodplain permit" means a permit required of all development which occurs in any area designated by FEMA as a SFHA and as required by the floodplain administrator.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures that eliminate flood damage to real estate or improved real property, water and sanitary facilities and nonresidential structures and their contents.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"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 0.30 meters (one foot). The floodway shall be as designated on the FIRMS and/or as designated by the floodplain administrator whether or not a floodplain is shown on the FIRM. Also referred to as "Regulatory floodway."

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Flood resistant" means any combination of structural and nonstructural additions, changes or adjustments to structures that reduces flood damage, generally allowing floodwaters to enter and exit the building without causing any significant damage to the structures or their contents.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Flood-resistant materials" means any building material capable of withstanding direct and prolonged (at least seventy-two hours) contact with floodwaters without sustaining significant damage (any damage requiring more than low-cost cosmetics repair, such as painting). Acceptable materials are specified in "technical bulletins" and/or as approved by the floodplain administrator.

(Ord. 2000-33, 99-35).

"Flood-related erosion" means the collapse or subsidence of land along the shore of a lake or other body of water as a result of 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 a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

(Ord. 2000-33, 99-35).

"Flood-related erosion area" or "flood-related erosion prone area" means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

(Ord. 2000-33, 99-35).

"Flood-related erosion area management" means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including, but not limited to, emergency preparedness plans, flood-related erosion control work and floodplain management regulations.

(Ord. 2000-33, 99-35).

"Floodway fringe" means that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

(Ord. 2000-33, 99-35).

"Fraud and victimization," as related to Section 82-28.516, Variances, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the zoning administrator 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. 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.

(Ord. 2000-33, 99-35).

"Freeboard" means a factor of safety usually expressed in feet above a base flood elevation for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Functionally dependent use" means 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 ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.)

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Governing body" means the local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

(Ord. 2000-33, 99-35).

"Hardship," as used in Section 82-28.516, Variances, means the exceptional hardship that would result from a failure to grant the requested variance. The county 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 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.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Highest adjacent grade" means the highest natural (i.e. undisturbed) elevation of the ground surface prior to construction next to the proposed walls of a structure.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Historic structure" means any structure that is:

(1) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing in the National Register;

(2) 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 of Interior to qualify as a registered historic district;

(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

(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 with approved programs.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Lowest floor" means 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 ordinance. (Note: This definition allows attached garages to be built at grade (with adequate venting). Below grade garages are not allowed as they are considered to be basements.)

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"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 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 consecutive days and neither continuously licensed nor "road ready."

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"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 condition but shall not include economic or other forms of external obsolescence. Use of replace 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.

(Ord. 2000-33, 99-35).

"Mean sea level" means, for purposes of the NFIP, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's FIRM are referenced.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after (July 16, 1987) the effective date of Contra Costa County's floodplain management ordinance, and includes any subsequent improvements to such structures.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"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.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"One-hundred-year flood" or "100-year flood" means a flood which has a one percent annual probability of being equaled or exceeded. (Also called the "base flood.")

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Person" means an individual or the individual's agent, firm, partnership, association or corporation, or any agent of the aforementioned groups, or this state, its agencies or political subdivisions.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Public safety and nuisance," as related to Section 82-28.516, Variances, means 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, river, bay, stream, canal, or basin.

(Ord. 2000-33, 99-35).

"Reconstruction" means to perform major construction or modifications to an existing structure, that makes the existing structure like or better than new. Reconstruction does not cover normal or routine maintenance unless otherwise specified in Section 82-28.472.

(Ord. 2000-33, 99-35, 96-11).

"Recreational vehicle" means a vehicle that is:

(1) Built on a single chassis;

(2) Four hundred 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. 2000-33, 99-35).

"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 0.30 meter (one-foot).

(Ord. 2000-33, 99-35).

"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 federal financial exposure with regard to the structure or other development.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Special flood hazard area (SFHA) means an area having special flood or flood-related erosion hazards and shown on FIRM as Zone A, AO, A1-30, A99, AH, VO, V1-30 or V.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Start of construction" means and includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty 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, the installation of streets and/or walkways, excavation for a basement or foundations, or the erection of temporary forms, the footings, piers, or 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.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Structure" means a walled and roofed building, or manufactured home, including a gas or liquid storage tank, that is principally aboveground.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"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 fifty percent of the market value of the structure before the damage occurred.

(Ord. 2000-33, 99-35).

"Substantial improvement" means any reconstruction, rehabilitation, addition or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed.

The percentage figure shall be added to any successive building permits that may be issued or have been issued within a contiguous ten-year span. "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:

(1) Any project for improvement of a structure to comply (not required because of flood damage) with existing state or local health, sanitary or safety code specifications which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of an "historic structure," provided that the alteration will not preclude the structures continued designation as an "historic structure."

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Technical bulletin" means bulletins developed by the Federal Emergency Management Agency (FEMA), the California Department of Water Resources (CA DWR) or the floodplain administrator. These bulletins clarify specific requirements of federal, state or local laws pertaining to floodplain management.

(Ord. 2000-33, 99-35).

"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. (See "Hardship.")

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"Violation" means the failure of a structure or other development to be in compliance with this ordinance. (A structure or other development without an 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.)

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

"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.

(Ord. 2000-33, 99-35).

"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. 2000-33, 99-35).