Plumas County Municipal Code Art. 1 Definitions

Words and phrases used in this chapter shall be defined by common usage, except as specifically defined in this chapter.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Actual start of construction" shall mean 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 system; or, for a substantial improvement, 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.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Alluvial fan" shall mean a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

(§ 1 (Exh. A), Ord. 01-961, eff. December 20, 2001)

"Apex" shall mean the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

(§ 1 (Exh. A), Ord. 01-961, eff. December 20, 2001)

"Area of shallow flooding" shall mean a designated AO or AH Zone on the Flood Insurance Rate Map. The base flood depths range from one to three (3) 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.

(§ 1 (Exh. A), Ord. 01-961, eff. December 20, 2001)

"Area of special flood hazard" shall mean an area of special flood hazard identified by the Federal Insurance Administration of the Federal Emergency Management Agency, which area is the land in the floodplain within the County subject to a one percent or greater chance of flooding in any given year, and which area is shown on a Flood Insurance Rate Map as Zone A, AO, A1—A30, AE, A99, or AH.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998, and § 1 (Exh. A), Ord. 01-961, eff. December 20, 2001)

"Base flood" shall mean a flood which has a one percent chance of being equaled or exceeded in any given year.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Base flood elevation" shall mean the elevation in relation to mean sea level from the National Geodetic Vertical Datum of 1929 or other datum of the base flood.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Basement" shall mean any area of the building having its floor subgrade, below ground level, on all sides.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Development permit" shall mean any permit or other grant of approval under the provisions of Title 8, Building Regulations, or Title 9, Planning and Zoning, of this Code for any man-made change to improved or unimproved real estate, including walled and roofed buildings, gas storage tanks that are principally above ground, liquid storage tanks that are principally above ground, manufactured homes, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Encroachment" shall mean advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or man-made change to real estate into a floodplain which may impede or alter the flow capacity of a floodplain.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

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

(a) The overflow of inland or tidal waters;

(b) The unusual and rapid accumulation or runoff of surface waters from any source.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Flood Insurance Rate Map" shall mean 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 County.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Flood Insurance Study" shall mean 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.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Floodplain" shall mean any land area susceptible to being inundated by water from any source.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

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

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"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 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Floodway encroachment lines" shall mean the lines marking the limits of floodways on Federal, State and Local floodplain maps.

(§ 1 (Exh. A), Ord. 01-961, eff. December 20, 2001)

"Floodway fringe" shall mean that area of the floodplain on either side of the floodway, where encroachment may be permitted.

(§ 1 (Exh. A), Ord. 01-961, eff. December 20, 2001)

"Highest adjacent grade" shall mean the highest natural elevation of the ground surface before construction next to the proposed walls of a structure.

(§ 1 (Exh. A), Ord. 01-961, eff. December 20, 2001)

"Lowest floor" shall mean the lowest floor of the lowest enclosed area, including basement, excepting therefrom 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, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998, as amended by § 1 (Exh. A), Ord. 01-961, eff. December 20, 2001)

"Manufactured home" shall mean a structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this part. "Manufactured home" includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et seq.).

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Man-made change to real estate" shall mean any man-made change to improved or unimproved real estate, including walled and roofed buildings, gas storage tanks, that are principally above ground, liquid storage tanks that are principally above ground, manufactured homes, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Mean sea level" shall mean the National Geodetic Vertical Datum of 1929 or other datum, to which base flood elevations on a community's Flood Insurance Rate Map are referenced.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"New construction" shall mean structures for which the "start of construction" commenced on or after the effective date of the ordinance by which this chapter was adopted and includes any subsequent improvements to the exterior footprint of such structures.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Permanent construction" shall not mean land preparation, such as clearing, grading, and filling; nor the installation of streets or walkways; nor excavation for any area of a building having its floor below ground level on all sides, footings, piers, or foundations or the erection of temporary forms.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Recreational vehicle" shall mean either of the following:

(a) A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

(1) It contains less than 320 square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;

(2) It contains 400 square feet or less of gross area measured at maximum horizontal projections;

(3) It is built on a single chassis;

(4) It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit; and

(b) A park trailer designed for human habitation for recreational or seasonal use only, which meets all of the following criteria:

(1) It contains 400 square feet or less of gross floor area measured at the maximum horizontal projections. However, it may not exceed twelve (12') feet in width or forty (40') feet in length in the traveling mode;

(2) It is built on a single chassis;

(3) It may only be transported upon the public highways with a permit.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Regulatory 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 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Riverine" shall mean relating to, formed by or resembling a river, including tributaries, stream, brook, and others of the like kind.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Secretary of the Interior historic structure" shall mean any structure that is:

(a) 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;

(b) Certified or preliminary determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminary 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 the Interior; or

(d) 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.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Start of construction" shall mean the date the building permit was issued for substantial improvement and other proposed man-made changes to real estate, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days from the date of the permit.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Structure" shall mean a roofed building that is principally above ground, including a gas storage tank, a liquid storage tank, and a manufactured home.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Substantial damage" shall mean 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 (50%) percent of the market value of the structure before the damage occurred.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Substantial improvement" shall mean any reconstruction, rehabilitation, addition, or other proposed new man-made changes to real estate of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure before the "start of construction" of the improvement; and shall include structures which have incurred "substantial damage", regardless of the actual repair work performed, but shall not include any project for improvement of a structure to correct existing violations of 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 and shall not include any alteration of a "Secretary of the Interior historic structure", provided that the alteration will not preclude the structure's continued designation as a "Secretary of the Interior historic structure."

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Violation" shall mean the failure of a structure or other man-made change to real estate to be fully compliant with this chapter.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Water surface elevation" shall mean the height, in relation to the National Geodetic Vertical datum of 1929, or other datum, where specified, of floods of various magnitudes and frequencies in the floodplains of riverine areas.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"Watercourse" shall mean a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically and includes specifically designated areas in which substantial flood damage may occur.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

"100-year flood hazard areas" shall mean any area identified in the General Plan as a flood hazard area, any area of special flood hazard, and any area susceptible to a flood that has a one percent chance of being equaled or exceeded in any given year.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)