Chapter 18.54 — INDUSTRIAL (I) ZONE

The purpose of an I zone is to permit the normal operation of almost all types of industrial uses and their accessory uses, while limiting incompatible uses. Commercial and public uses such as offices, community buildings, and similar uses are generally excluded in order to preserve the limited supply of industrially zoned land for industrial uses. The I zone is consistent with heavy industrial, general agriculture, and exclusive to agriculture general plan designations, and may be applied in the urban areas and other areas when there are no conflicts with the general plan.

(Ord. 236-73 Exh. A(part), 1991)

The regulations set out in this chapter shall apply in all I zones, and shall be subject to the provisions and limitations set out in Chapters 18.100 through 18.112 of this title.

(Ord. 236-73 Exh. A(part), 1991)

18.54.030 - Uses permitted.

A.

Manufacture and/or assembly of the following or similar products:

1.

Equipment, machinery, aircraft, and related components; automobiles and related components; boats, motors, mobilehomes, and other products that require the use of heavy machinery;

2.

Small equipment, instruments, appliances, and electrical products such as clocks, watches, electrical appliances, computers, optical goods, and medical equipment;

3.

Refrigeration, heating and ventilation, sheet metal products, machine tools, and sheet metal products;

4.

Shoes, textiles, toys, sporting goods, musical instruments, and novelties;

Ceramics, linoleum, and concrete products;

B.

Manufacture of products made from aluminum, batteries, boxes, paper, brass, cans, copper, glass, iron, linoleum, steel, tin, wool, cloth, tools, yarn, plastic, leather, or stone;

C.

Research activities, such as research and development laboratories,institutes, and trade schools which do not involve explosive, flammable, or hazardous materials;

D.

Manufacture, research, assembly, testing and repair of components, devices, equipment and systems such as coils, semi-conductors, communication, navigation, metering, testing, photographic, optical, radio and television, scientific and mechanical equipment;

E.

Wholesaling, warehouses, distribution centers, mini-storage and other storage, excluding those involving flammable, explosive, hazardous or other potentially objectionable materials such as dead animals, sewage, or garbage;

F.

Public uses such as a fire station, police station, or corporation yard; excluding sensitive public uses, recreational facilities, offices when not accessory to a permitted use, community buildings, and similar uses;

G.

Public utilities;

H.

Agricultural processing and storage facilities, nurseries, greenhouses, dairies, or creameries, excluding uses in Section 18.54.040;

I.

Bulk storage of propane, oil, gasoline, and similar products;

J.

Automobile, truck, bus, trailer, mobilehome, and heavy equipment repair, maintenance, service, wash, terminals, and yards; rail sidings, repair, and maintenance; other miscellaneous repair and maintenance services;

K.

Construction supply, maintenance services and contractors yards including building, electrical, plumbing, heating, roofing, painting, landscaping, excavation, and similar contractors, and janitorial, septic tank supply, and similar services;

L.

Animal shelter or clinic; animal kennel;

M.

Caretaker's residence or night watchman's quarters, provided the use requires continued supervision of a caretaker, superintendent, or security persons and the residence is to be occupied only by such person and family;

N.

Recycling facilities, excluding heavy recycling processing facilities;

O.

Light industrial condominiums that provide space for uses listed in this section;

P.

Commercial woodlot, wood working shops such as box, furniture, and wood products, provided that when a planer router, molder or similar equipment is maintained, the use of such equipment shall be conducted within a building;

Q.

Businesses that provide accessory support services to uses permitted, when located on the same lot;

R.

Retail sales incidental and accessory to a permitted use;

S.

Heliport accessory to permitted uses;

T.

Private energy development, commercial energy exploration;

U.

Agricultural uses when a continuation of existing land use, excluding new residential uses;

V.

Assemblage of people;

W.

Similar uses (18.100.010).

(Ord. 236-73 Exh. A(part), 1991)

18.54.040 - Uses permitted with a use permit.

A.

Waste facilities;

B.

Airports;

C.

Junkyard, auto dismantling;

D.

Heavy recycling processing facility;

E.

Commercial feed lot, auction yard, slaughter facilities, bone distillation, tannery, or curing of raw hides;

F.

Manufacture of acids, alcohol, ammonia, asphalt, cellulose, cement, dyes, fertilizer, film, gelatin, glass, glue, tar, paint, plaster, gypsum, plastics, rubber, soap, vinyl floor covering, hazardous chemical products including acetylene, carbide, caustic soda, chlorine, cleaning and polishing preparations, creosote, exterminating agents, industrial gases, or explosives;

G.

Processing plants which may produce objectionable odors, such as breweries, wineries, food processing and canneries; incinerators, metal smelting, alloying, foundries, drop forges, rolling, or other types of ore reduction; rubber processing; petroleum refining, and related uses; concrete or batch plants;

H.

Storage of flammable, explosive, hazardous, or potentially objectionable materials such as dead animals, sewage, or garbage;

I.

Commercial energy facilities; commercial energy exploration;

J.

Saw mills, pulp mills;

K.

Mining (18.100.030);

L.

Public uses such as offices, community buildings, and recreation facilities, when not accessory to a permitted use; but excluding sensitive uses;

M.

Similar uses (18.100.030).

(Ord. No. 348, 7-20-2011; Ord. 236-73 Exh. A(part), 1991)

18.54.050 - Development standards.

Except as provided in Chapter 18.110:

A.

Minimum lot size and width: Three acres with a minimum width one hundred feet, except uses similar to uses listed in Section 18.50.030 shall be permitted on lots with a lesser area.

B.

Minimum yards:

1.

Front, side street: Ten feet.

2.

Rear, side: Zero feet, except where the zone abuts an RH, RL, RR, or RT zone, the yard shall be fifty feet, and shall be increased one foot for each foot of height exceeding fifty feet. No storage, parking, or other outside activity shall be conducted in any yard abutting an RH, RL, RR, or RT zone.

C.

Maximum structure height: One hundred feet, except where the zone lot abuts an RH, RL, RR, or RT zone the height shall be fifty feet, plus one foot of height for each foot the yard is increased over fifty feet. Height regulations may be modified when a use permit is approved.

D.

Access, parking, signs, other: As provided in Chapter 18.110.

(Ord. 236-73 Exh. A(part), 1991)

Chapter 18.60 - PLANNED DEVELOPMENT (PD) ZONE

Sections:

The purpose of the PD zone is to provide for developments that, because of a mix of building types, land uses, or lot sizes, do not fit within the parameters of the principal zone districts. Planned developments are under unified control, comprehensively planned, and can provide a mix of uses that could otherwise create land use conflicts. Planned developments often cluster development in connection with open space or common areas and amenities. The PD zone is consistent with all general plan designations that provide for substantial residential, commercial, or industrial development, provided the design and proposed uses are consistent with the general plan designations within which the project is located.

(Ord. 236-73 Exh. A(part), 1991)

If an ordinance is adopted amending the zoning map to create a PD zone after approval of a planned development permit, the applicable parts of the planned development permit shall become part of the amending ordinance. In addition to the regulations adopted by ordinance, all other applicable provisions in this title which do not conflict with the adopted PD zone ordinance shall apply, unless otherwise stated. One or more overlay zones may combine with the PD zone. All PD zones need not have the same regulations.

(Ord. 236-73 Exh. A(part), 1991)

The uses permitted in the PD zone may include any use or combination of uses which are arranged and designed in such a manner as to result in a development which is internally compatible, compatible with surrounding uses, and consistent with the general plan and any applicable specific plan. All PD zones need not have the same types of uses. Permitted uses in a particular PD zone shall include applicable uses approved as part of the planned development permit and adopted by ordinance.

(Ord. 236-73 Exh. A(part), 1991)

Any PD zone for a particular project may provide for uses subject to obtaining an administrative permit, including the limitations and criteria by which to determine conformance.

(Ord. 236-73 Exh. A(part), 1991)

Any PD zone for a particular project may provide for uses subject to obtaining a use permit.

(Ord. 236-73 Exh. A(part), 1991)

The development criteria in this section shall apply to development approved under a planned development permit and adopted by ordinance in the PD zone.

(Ord. 236-73 Exh. A(part), 1991)

A.

The planned development permit shall identify the principal zones in this title which reflect to the greatest degree the type and intensity of uses and development proposed for the PD zone. Where it is possible to make such correlations, the regulations in each identified principal zone shall be considered for application within the PD zone. The plan shall also consider the special use and development standards in this chapter and title for application within the PD zone, unless more restrictive standards are proposed.

B.

Minimum development area: one acre.

C.

Open space areas, including land used for outdoor- oriented recreational uses, agriculture, resource protection, amenity buffers, and utility easements crossing open space; but excluding yards or lots occupied by dwelling units or adjacent to other buildings when not directly related to recreation areas, parking areas, roads and road easements: Access to open areas and facilities available to all residents of project, maintenance in natural or enhanced state, situated and clustered to provide a sense of openness and usable area.

D.

Yards/setbacks: Front, side and rear yards shall consider the overall plan for site development. Zero lot lines may be allowed when privacy, access, safety, circulation, and compatibility are provided for.

E.

Circulation and access design: Dwelling areas shall have only limited access to major traffic arteries; culde-sacs and short loop streets should be limited to minor streets; the ultimate development density and intensity should be considered in circulation patterns and improvements.

F.

The policies and development standards in the general plan and any applicable specific plan.

(Ord. 236-73 Exh. A(part), 1991)

Prior to making application for an amendment to this title to adopt a PD zone ordinance, a planned development permit shall be obtained as provided in Chapter 18.126. The permit shall encompass the entire project site and all proposed uses. No development in anticipation of rezoning to the PD zone,

including grading or other site development, shall be commenced prior to approval of a planned development permit.

(Ord. 236-73 Exh. A(part), 1991)

Chapter 18.62 - PUBLIC FACILITIES (PF) ZONE

Sections:

To be applied to lands upon which public uses or public utilities are operated. The PF zone is consistent with all general plan land use designations.

(Ord. 236-73 Exh. A(part), 1991)

The regulations set out in this chapter shall apply in all PF zones subject to the provisions and limitations set out in Chapters 18.100 through 18.112 of this title.

(Ord. 236-73 Exh. A(part), 1991)

18.62.030 - Uses permitted.

The following uses are permitted in a PF zone if operated as a public use or public utility:

A.

Office; administration offices;

B.

Neighborhood park or recreation use;

6.

School or college, educational facilities;

D.

Public utility switching equipment;

E.

Employee housing for employees and their families when accessory to a use permitted on the same lot;

F.

Public facilities not listed in Section 18.62.040 that (1) do not emit dust, smoke, odor, bright light, vibration, or unacceptable levels of noise or traffic, or which do not involve dangerous or hazardous materials; and (2)

are conducted within a building or within an area which is fenced and completely screened from view;

G.

Similar uses (18.100.010).

(Ord. 236-73 Exh. A(part), 1991)

18.62.040 - Uses permitted with a use permit.

The following uses are permitted in a PF zone when operated as a public use or public utility subject to obtaining a use permit:

A.

Solid waste facility;

B.

Sewage treatment facilities;

C.

Correctional institution;

D.

Care facilities that serve more than twelve clients;

E.

Human cemetery;

F.

Fire station, corporation yard;

G.

Fairground;

H.

Transmission facilities; other public facilities and uses than do not meet the criteria in Section 18.62.030;

I.

Similar uses (18.100.030).

(Ord. 236-73 Exh. A(part), 1991)

18.62.050 - Development standards.

A.

Minimum lot size: None.

B.

Minimum yards:

1.

Front, side street: Twenty feet.

2.

Side, rear: Zero, except where the PF zone abuts an RH, RL, RR or RT zone, the yard shall be ten feet, and shall be increased one foot for each foot of height exceeding fifty feet.

C.

Maximum structure height: One hundred feet, except where the zone abuts an RH, RL, RR, or RT zone, it shall be fifty feet, plus one foot of height for each foot the yard is increased over thirty feet.

D.

Other: As provided in Chapter 18.110.

(Ord. 236-73 Exh. A(part), 1991)

Chapter 18.66 - UNCLASSIFIED (U) ZONE

Sections:

To be applied as a holding zone until a precise zoning district has been adopted for the property. All new uses in this zone shall be consistent with applicable policies in the general plan.

(Ord. 236-73 Exh. A(part), 1991)

In the interim period while property is zoned U, the regulations in this chapter shall apply, subject to the provisions and limitations in Chapters 18.100-18.112.

(Ord. 236-73 Exh. A(part), 1991)

The following uses are permitted provided no use shall conflict with applicable general plan policies:

A.

Uses specified in section 18.24.030, subsections A. through L., N. and O.

B.

Residential uses specified in section 18.24.030.M; provided that for lands designated exclusive agriculture on the general plan land use map, section 18.18.030, subsection L. shall apply.

C.

Emergency shelter if located within an "urban area" (only within locations where community services are located, such as near Alturas and Cedarville) as identified in the general plan and in compliance with all performance standards of section 18.110.090 of this code (not located within the Cal Pines community area).

(Ord. No. 236-146, 12-12-2017; Ord. 236-73 Exh. A(part), 1991)

18.66.040 - Uses permitted with an administrative permit, subject to the provisions in section 18.100.020 or as specified.

A.

Assemblage of people;

B.

Guest house;

C.

The uses in section 18.24.040, subsection C. subject to the specified criteria; provided that this subsection shall not apply to property located in any area designated urban areas or rural residential on the general plan land use plan, and the property is not located on the general plan Alturas area land use map.

(Ord. No. 236-146, 12-12-2017; Ord. No. 348, 7-20-2011; Ord. 236-73 Exh. A(part), 1991)

Editor's note— Ord. No. 236-146, adopted Dec. 12, 2017, changed the title of § 18.66.040 from "Uses permitted with an administrative permit" to read as herein set out.

The following uses may be considered with a use permit, provided the use does not conflict with the applicable general plan policies:

A.

Administrative permit uses when the criteria are not met;

B.

Uses in Section 18.66.040 which are not otherwise prohibited by law.

(Ord. 236-73 Exh. A(part), 1991)

Except as provided in Chapter 18.110:

A.

Minimum lot size: Three acres, except as follows:

1.

As a condition of development, the approving body may require a substantial increase in minimum lot size for the purpose of mitigating impacts to resources and facilitating services, pursuant to the general plan and any applicable specific plan.

B.

Minimum yards:

1.

Front, side street: Dwellings and nonfarm buildings: twenty feet; farm buildings: ten feet.

2.

Rear, side: Five feet; except where a U zone abuts an RH, RL, or RR zone, the yard for farm buildings shall be twenty feet; where a U zone abuts an AE zone, the yard for dwellings shall be fifty feet.

C.

Access, parking, height limits, signs, other: as provided in Chapter 18.110.

D.

Maximum lot coverage: Ten percent, excluding lots less than five acres.

(Ord. 236-73 Exh. A(part), 1991)

Chapter 18.70 - FLOOD HAZARD (FH) ZONE

Sections:

The FH zone is an overlay zone and is applied in combination with principal zones to minimize or avoid hazards to life and property from flooding in the special flood hazard areas established by the Federal Emergency Management Agency (FEMA), and in other areas of significant flood hazard designated by the county. The FH zone is consistent with all general plan land use designations.

(Ord. 236-73 Exh. A(part), 1991)

The regulations set out in this chapter shall apply in all FH zones, and shall supersede conflicting or less restrictive regulations of the zones which they overlay. The FH zone includes all areas designated "Zone A, AE, AH, AO, Al-30, or A99" on the adopted flood insurance rate maps and any amendments thereto, and may be additionally applied to other areas of significant flood hazard designated on the zoning maps by the county.

(Ord. 236-73 Exh. A(part), 1991)

The adoption of this ordinance does not imply that land outside the FH zone will be free from flooding or flood damages. Larger floods can occur and flood heights can be increased by man-made or natural causes. This chapter shall not create liability on the part of the county or any person for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 236-73 Exh. A(part), 1991)

The words and phrases set out in this section shall have the designated meanings in this chapter.

A.

"Area of shallow flooding" means the designation AO or AH on the flood insurance rate map. The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and undetermined; and velocity flow may be evident.

B.

"Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year (also called the "100-year flood").

C.

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

D.

"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 located within the area of special flood hazard.

E.

"Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of floodwaters, and/or the unusual and rapid accumulation or runoff of

surface waters from any source.

F.

"Flood Boundary Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazard.

G.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

H.

"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary Map, and the water surface elevation of the base flood. Each flood insurance study which accompanies an adopted FIRM shall be hereby adopted by reference.

I.

"Flood plain or flood-prone area" means any land area susceptible to being inundated by water from any source (see "flooding").

J.

"Flood plain administrator" means the county official responsible for carrying out the duties associated with the permit for which an application has been made.

K.

"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. A floodproofed structure means that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water, and structural components are capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

L.

"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 applicable non-elevation design requirements of this title.

M.

"Manufactured dwelling" also includes camp trailers, travel trailers and other similar vehicles when placed on a site for more than one hundred eighty consecutive days.

N.

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

O.

"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 or a community's flood insurance rate map are referenced.

P.

"New construction" means structures for which the "start of construction" commenced on or after the effective date of a flood plain regulation adopted by the county.

Q.

"One hundred year flood" or "100-year flood". See Base flood.

R.

"Start of construction" 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 dwelling on a foundation. Permanent construction does not include (1) land preparation, such as clearing, grading and filling, (2) installation of streets or walkways, (3) excavation for a basement, footings, piers, or foundations or the erection of temporary forms, or (4) installation of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

S.

"Special flood hazard area" means an area having special flood hazards, shown on the FIRM as Zone A, AE, AO, Al-30, or A99, and is equivalent to the FH zone.

T.

"Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured dwelling.

U.

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure (1) before the improvement or repair is started, or (2) if the structure has been damaged, and is being restored, before the damage occurred. "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

ifty percent of the market value of the structure (1) before the improvement or repair is started, or (2) if the structure has been damaged, and is being restored, before the damage occurred. "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. "Substantial improvement" does not include (1) 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, or (2) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

(Ord. 236-73 Exh. A(part), 1991)

Applications for building permits and all land use entitlements in the FH zone shall include plans and specifications for all proposed construction and the following:

A.

Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures.

B.

Proposed elevation in relation to mean sea level to which any structure will be floodproofed.

C.

Location and type of drainage facilities, amount of fill or storage, and the extent to which any watercourse will be altered or relocated.

D.

All appropriate certifications required by this chapter.

E.

Subdivision and use permit applications shall identify the flood hazard area and elevation of the base flood.

F.

Any other information deemed necessary by the building or planning department in order to carry out the purposes of this chapter, and as necessary to make the determinations required by this chapter.

(Ord. 236-73 Exh. A(part), 1991)

A.

Findings: No building permit or other land use entitlement shall be granted unless the approving body makes the following findings:

1.

That the requirements in Section 18.70.070 have been met.

That the development is reasonably safe from flooding.

3.

Drainage has been designed to reduce exposure of proposed and anticipated development to flood hazards.

4.

That all subdivision and use permit proposals are consistent with the need to minimize flood damage.

B.

Use of other base flood data: When base flood elevation data has not been provided by FEMA, the flood plain administrator shall obtain, review, and reasonably utilize the best data available from any source, including high water marks, floods of record and private engineering reports.

C.

Elevation certificates: The flood plain administrator shall obtain and maintain the elevation certifications necessary to confirm that the elevation requirements in Section 18.70.070 have been met.

D.

Watercourse modification: The flood plain administrator shall notify adjacent communities and the Department of Water Resources prior to any permitted alteration or relocation of a watercourse.

(Ord. 236-73 Exh. A(part), 1991)

All uses in the FH zone shall comply with the following standards and restrictions:

A.

Other permits. All permits from governmental agencies whose approval of development in the FH zone is required by federal or state law shall be obtained prior to commencement of any construction or installation of any structure, water supply or sewage disposal system.

B.

Anchoring. All new construction and substantial improvements shall be designed or anchored to prevent flotation, collapse, or lateral movement of the structure due to flooding.

C.

Construction materials and methods. All construction materials shall be resistant to flood damage, construction methods and practices which will minimize flood damage shall be used, and all public utilities shall be located and constructed to minimize flood damage.

D.

Sewage disposal and water supply. All new and replacement water supply and sewage disposal systems shall be designed and installed to prevent infiltration from and discharge into floodwaters.

E.

Heating, electrical, plumbing facilities. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located to prevent water from entering or accumulating within the components during flooding.

F.

Elevation of residential structures. For all residential structures or substantial improvements to existing residential structures:

1.

In FIRM Zone AH or AO: The lowest floor, including the basement, shall be elevated above the highest adjacent grade or at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified, and certified as such by a registered professional engineer or surveyor, or verified by the flood plain administrator as being properly elevated.

2.

In FIRM Zone A, AE, A1-30, or A99: The lowest floor, including the basement, shall be at or above the base flood elevation, and certified as such by a registered professional engineer or surveyor, or verified by the flood plain administrator as being properly elevated.

G.

Elevation of nonresidential structures. Nonresidential construction shall either be elevated in conformance with subsection F, or shall be floodproofed below the base flood level and certified as such by a registered professional engineer or architect.

H.

Enclosed areas below lowest floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

I.

Manufactured dwellings in manufactured dwelling parks or subdivisions.

1.

When a manufactured dwelling located in an existing manufactured dwelling park or manufactured dwelling subdivision is damaged as the result of a flood, requiring substantial improvement or replacement, all future placements or substantial improvements on that site shall be elevated to or above the base flood elevation. The elevation shall be certified by a registered professional engineer or surveyor.

2.

All other manufactured dwellings placed or substantially improved in existing manufactured dwelling parks or subdivisions must be elevated on reinforced piers or other foundation elements that are at least three feet in height above grade or have their lowest floor at or above the base flood elevation if this allows for a lower foundation. The flood elevation shall be certified by a registered professional engineer or surveyor.

J.

Subdivisions and use permits. When the base flood elevation is not provided by FEMA, subdivision and use permit applications shall provide the location of the flood hazard area and the elevation of the base flood. Final subdivision and use permit plans shall provide the elevation of the proposed structure(s) and pads, and if the site is filled above the base flood elevation, the final pad elevation shall be certified by a registered professional engineer or surveyor.

K.

Watercourse alteration or relocation. No work that alters or relocates any portion of a watercourse shall diminish the flood carrying capacity of the altered or relocated portion of the watercourse.

(Ord. 236-73 Exh. A(part), 1991)

Any person may appeal the decision of the flood plain administrator as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.060, or if the appeal is heard in conjunction with a decision on a proposed land use entitlement, the appeal may follow the same procedures as an appeal to the land use entitlement being considered. In granting an appeal the factors in subsection C of Section 18.70.100 shall be considered.

(Ord. 236-73 Exh. A(part), 1991)

In interpreting the provisions of this chapter, the flood plain administrator may on his or her own motion allow modifications or exceptions, provided that the flood plain administrator assumes the responsibilities of the planning commission under subsections C through F of Section 18.70.100.

(Ord. 236-73 Exh. A(part), 1991)

18.70.100 - Variances.

A.

Application. Applications for variances from the provisions of this chapter shall be made pursuant to Chapter 18.132 and this section.

B.

Variances permitted.

1.

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of uses requiring proximity to water, provided that the provisions of this section are met and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats of public safety.

2.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided the factors in subsection C of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

C.

Factors to be considered. In making a determination, the commission (or appellate body) shall consider all technical evaluations, all relevant factors and standards specified in this chapter, and the following:

1.

The danger that materials may be swept into other lands and injure others.

2.

The danger to life and property due to flooding.

3.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

4.

The importance of the services provided by the proposed facility to the community.

5.

The necessity to the facility of a waterfront location, where applicable.

Availability of alternative locations for the proposed use which are not subject to flood damage.

7.

Compatibility of the proposed use with existing and anticipated development.

8.

The relationship of the proposed use to the general plan and flood plain management program for that area.

9.

Safety of access to the property in time of flood for ordinary and emergency vehicles.

10.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

11.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, electrical, and water systems, and streets and bridges.

D.

Findings. In addition to the findings in Chapter 18.132, no variance shall be granted unless the planning commission finds that: (1) the variance allowed is the minimum necessary, considering the flood hazard, to afford relief, and (2) the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

E.

Conditions. In granting a variance the planning commission may attach conditions deemed necessary to further the purposes of this chapter and this title.

F.

Effect of Action. An applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be directed to be recorded by the flood plain administrator in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Ord. 236-73 Exh. A(part), 1991)

Chapter 18.71 - FLOODPLAIN MANAGEMENT[[1]]

Sections:

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 340, Exh. A, adopted Dec. 9, 2008, amended Ch. 18.71 in its entirety to read as herein set out. Former Ch. 18.71, §§ 18.71.010—18.71.250, pertained to similar subject matter, and derived from Ord. No. 236-74, § 1(part), adopted in 1997. For classification purposes and at the discretion of the editor, Arts. I—V have been added.

ARTICLE I. - STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS

The Board of Supervisors of the County of Modoc adopts the following floodplain management regulations in accordance with Government Code sections 65302, 65560, and 65800.

(Ord. No. 340, Exh. A, 12-9-2008)

18.71.020 - Findings of fact.

A.

The flood hazard areas of Modoc County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards, which increase flood heights and velocities also contributes to flood losses.

(Ord. No. 340, Exh. A, 12-9-2008)

The purpose of this chapter is to set forth legally enforceable regulations for the community that applies to all development within the identified special flood hazard areas (SFHA). These regulations are designed to:

A.

Protect human life and health;

B.

Promote the public health, safety, and general welfare of the community;

C.

Minimize expenditure of public money for costly flood control projects by reducing public and private losses due to flood conditions;

D.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

E.

Minimize prolonged business interruptions;

F.

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

G.

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

H.

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

I.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. No. 340, Exh. A, 12-9-2008)

18.71.040 - Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes regulations to:

A.

Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

B.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

D.

Control filling, grading, dredging, and other development which may increase flood damage;

E.

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Ord. No. 340, Exh. A, 12-9-2008)

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.

"A zone." See "Special flood hazard area."

"Accessory structure" means a structure that is either:

1.

Solely for the parking of no more than two cars; or

2.

A small, low cost shed for limited storage, less than 150 square feet and one thousand five hundred dollars in value.

"Accessory use" means a use, which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.

"Area of shallow flooding" means a designated AO or AH 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. Such flooding is characterized by ponding or sheet flow.

"Area of special flood hazard." See "Special flood hazard area."

"Base flood" means a flood, which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter.

"Base flood elevation (BFE)" means the elevation shown on the flood insurance rate map for zones AE, AH, A1-30, VE and V1—V30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.

"Basement" means any area of the building having its floor subgrade, i.e., below ground level, on all sides.

"Building." See "Structure."

"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 or drilling operations or storage of equipment or materials.

"Encroachment" means 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" 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 September 24, 1984.

"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, flooding, or floodwater" means:

1.

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2.

The condition resulting from flood-related erosion.

"Flood boundary and floodway map (FBFM)" means the official map on which the federal emergency management agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood insurance study" means the official report provided by the federal insurance administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

"Floodplain or floodprone area" means any land area susceptible to being inundated by water from any source. See "Flooding."

"Floodplain administrator" is the community official designated by title to administer and enforce the floodplain management regulations.

"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 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 application of police power which control development in floodprone 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 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. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins, TB 1-93, TB 3-93, and TB 7-93.

"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. 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 article V of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the board of supervisors 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.

"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, and does not include long-term storage or related manufacturing facilities.

"Governing body" is 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.

"Hardship" as related to article V of this chapter, means the exceptional hardship that would result from a failure to grant the requested variance. The board of supervisors 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 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.

"Highest adjacent grade" 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:

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 on 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 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 without approved programs.

"Levee" means 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" 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 accord with sound engineering practices.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition).

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 nonelevation design requirements including, but not limited to:

a.

The flood openings standard in subsection 18.71.170C.3.;

b.

The anchoring standards in subsection 18.71.170A.;

c.

The construction materials and methods standards in subsection 18.71.170B.; and

d.

The standards for utilities in section 18.71.180.

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.

"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 attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

"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.

"Market value" is defined in the county of modoc substantial damage/improvement procedures. See subsection 18.71.140B.1.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

"New construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or after September 24, 1984, 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 September 24, 1984.

"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.

"One-hundred-year flood" or "100-year flood." See "Base flood."

"Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.

"Public safety and nuisance" as related to article V of this chapter, 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, or river, bay, stream, canal, or basin.

"Recreational vehicle" means a vehicle, which is:

1.

Built on a single chassis;

2.

Four hundred 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 the ordinance 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, etc.

"Sheet flow area." See "Area of shallow flooding."

"Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1—A30, AE, A99, or AH.

"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 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 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" means a walled and roofed building 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 reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before 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:

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

2.

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 that documentation is provided.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of 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.

(Ord. No. 340, Exh. A, 12-9-2008)