Chapter 2 — DEFINITIONS — Sacramento County Zoning Code

As used in this ordinance, the following words and phrases shall have the meaning given in this chapter.

902-01. ADVERSE IMPACT.

Causing increased flood stages, increased flood velocity, or increased flows in or near a special or local flood hazard area, to an extent including, but not limited to, an increase in base flood elevation equal to or greater than 0.1 foot on upstream, downstream, or adjacent properties.

902-01.1. AREA OF MODERATE FLOOD HAZARD.

These areas are indicated by the letter “X” on the FEMA Flood Insurance Rate Maps (FIRM). (Older maps use the letters “B” or “C”.)

902-02. APPEAL.

A request for a review of the Floodplain Administrator’s determination or action pursuant to, or interpretation of, any provision of this ordinance.

902-03. APPLICANT.

Any person who submits an application for a permit pursuant to this ordinance.

902-04. BARN.

A structure designed and constructed to house farm implements and other agricultural products. The structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated, or packaged; nor shall it be a place used by the public. A barn must have at least one door 10 feet or more in width.

902-05. BASE FLOOD.

A designated flood elevation on any property at the higher of:

A. the elevation of floodwaters during a flood with a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood") as presented in the FEMA Flood Insurance Study;
B. the highest water surface elevation from any source of flooding determined by engineering analysis;
C. the highest water surface water elevation of measured high water;
D. the elevation associated with encroachment on the FEMA floodway; or,
E. Any other state or federal water surface elevation regulatory profiles pertaining to the property in question.

902-06 BASE FLOOD ELEVATION (BFE)

The water surface elevation of the base flood.

902-07. BEACH STONE LAKES AREA

The area bound by the Southern Pacific Railroad embankment on the west, the Union Pacific Railroad embankment on the east, Elliot Ranch Road cross levee on the north, and Lambert Road on the south.

902-08. BASEMENT

An area of a building having its floor below ground level on all sides.

902-09. BOARD OF SUPERVISORS

The legislative body of the County of Sacramento.

902-10. BUILDING

An enclosed, walled, and roofed structure that is principally above ground. The term includes manufactured homes placed on a foundation, and electrical/mechanical enclosures large enough to allow human walk-in access. See also “structure.”

902-11. BUILDING PAD

The graded area, cut or fill, for construction of a slab on grade structure.

902-12. COUNTY

The unincorporated County of Sacramento

902-13. COUNTY SPECIFICATIONS

The County Improvement Standards, County Standard Construction Specifications, County Hydrology Standards, and other standards included in applicable County ordinances, regulations, and manuals, as amended from time to time.

902-14. DELTA AREA

For the purposes of this ordinance, the Delta Area is that area south of the City of Sacramento to the tip of Sherman Island protected from flooding by levees as bound by Reclamation District numbers: 3, 317, 341, 349, 369, 407, 551, 554, 556, 563, 744, 746, 755, 813, 1002, 1601, 2067, and 2111 (Reclamation District 2110 is excluded). See Appendix A for applicability map.

902-15. DEVELOPMENT

Any activity that will result in any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, storage of materials, dredging, filling, grading, paving, excavation, or drilling operations. Levee maintenance which results or causes channel encroachments or a rise of the base flood elevation, or results or causes the raising of the levee elevation in those sections where the elevation of the levee was a controlling factor for establishing the base flood elevation on either side of the levee shall be considered development. Normal Farming Activities (as herein defined) shall not be considered development.

902-16. DEVELOPED AREA

An area of a community that is:

A. A primarily urbanized, built-up area that is a minimum of 20 contiguous acres, has basic urban infrastructure, including roads, utilities, communications, and public facilities, to sustain industrial, residential, and commercial activities, and
- i. within which 75 percent or more of the parcels, tracts, or lots contain commercial, industrial, or residential structures or uses; or
- ii. is a single parcel, tract, or lot in which 75 percent of the area contains existing commercial or industrial structures or uses; or
- iii. is a subdivision developed at a density of at least two residential structures per acre within which 75 percent or more of the lots contain existing residential structures.
B. Undeveloped parcels, tracts, or lots, the combination of which is less than 20 acres and contiguous on at least three sides to areas meeting the criteria of paragraph (a).
C. A subdivision that is a minimum of 20 contiguous acres that has obtained all necessary government approvals, if the actual start of construction of structures has occurred on at least 10 percent of the lots or remaining lots of a subdivision or 10 percent of the maximum building coverage or remaining building coverage allowed for a single lot subdivision and construction of structures is underway. Residential subdivisions must meet the density criteria in paragraph (a)(iii), above.

902-17. ENCLOSURE OR ENCLOSED AREA

An area below the base flood elevation plus required freeboard that is constructed to disallow equalization of hydrostatic pressure.

902-18. ENCROACHMENT

The advance or infringement of fill, excavation, buildings, structures, dams, wharfs, embankments, levees, bridges, conduits, culverts, fences, rock, gravel, or other development in, along, across, or projecting into any watercourse or floodway which may alter, impede, retard or change the direction and/or velocity of the flow of water; or, may snare or collect debris carried by the flow of water.

902-19. FLOOD, FLOODING, OR FLOODWATER

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.

902-20. FLOOD BOUNDARY AND FLOODWAY MAP

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.

902-21. FLOOD HAZARD BOUNDARY MAP

The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

902.21.1. FLOOD HAZARD ZONE

An area subject to flooding that is delineated as either a Special Flood Hazard Area or an area of moderate hazard on an official Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA). The identification of flood hazard zones does not imply that areas outside the flood hazard zones, or uses permitted within flood hazard zones, will be free from flooding or flood damage.

902-22. FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the County.

902-23. FLOOD INSURANCE STUDY (FIS)

The official report of 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 FEMA base flood, represented as a flood with a one percent chance of being equaled or exceeded in any given year (also called the “100-year flood”).

902-24. FLOODPLAIN OR FLOOD-PRONE AREA

Any land area susceptible to flooding in the base flood.

902-25. FLOODPLAIN ADMINISTRATOR

The Director of the Sacramento County Department of Water Resources or designee.

902-26. FLOODPLAIN MANAGEMENT

The operation of a program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain.

902-27. FLOODPLAIN MANAGEMENT REGULATIONS

This ordinance, zoning ordinances, subdivision regulations, building codes, special purpose ordinances such as grading and erosion control, and other County ordinances and regulations which control development in flood-prone areas.

902-28. FLOOD-PROOFING

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 (see Appendix B).

902-29. FLOODWAY

A watercourse and the adjacent land areas that must be reserved in order to discharge a FEMA base flood without cumulatively increasing the water surface elevation beyond a level determined by the Floodplain Administrator, but in no case more than one foot.

902-30. FLOODWAY ENCROACHMENT LINES

The lines marking the limits of floodways on federal, state, and local floodplain maps.

902-31. FLOODPLAIN FRINGE

The area of the floodplain, in the base flood, on either side of a mapped floodway or where flooding is less than two feet depth if a floodway is not shown.

902-32. FUNCTIONALLY DEPENDENT USE

A use that must be located in close proximity to water, including only docking facilities, port facilities necessary for the loading and unloading of cargo or passengers, and shipbuilding and repair facilities, and not including long-term storage or manufacturing facilities.

902-33. GARAGE

A building on the same lot as a dwelling or a portion of a main building for the housing of noncommercial vehicles of the occupants of the dwelling. A garage has an opening 10 feet or more in width.

A. An attached garage is constructed horizontally adjacent to a house or underneath a house.
B. A detached garage is not structurally connected to a house.

902-34. GRADING

The act or result of digging, excavating, transporting, spreading, depositing, filling, compacting, settling, or shaping of land surfaces and slopes, and other operations performed by or controlled by

human activity involving the physical movement of rock or soil.

902-35. HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed perimeter of a building.

902-36. HISTORIC BUILDING

A pre-FIRM building or 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 on the National Register; or
B. 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; or
C. Individually listed on the California State Historical Resources Commission

inventory of historic landmarks and points of interest; or

D. Individually listed by a Sacramento County Board of Supervisors authorized historical organization; or
E. A contribution to the historic nature of a historic district or Delta legacy community as specified by the Secretary of the Interior or the State of California Office of Historic Preservation.

902-37. LEVEE

A man-made structure or earthen embankment, which contains, controls, or diverts the flow of water to provide protection from flooding.

902-38. LOCAL FLOOD HAZARD AREA

An area having risk of flooding in a base flood event as determined by the Floodplain Administrator, and which is supplemental to federally defined special flood hazard areas. The base flood elevation related to actual surveyed ground elevation is the local flood hazard area.

902-39. LOWEST ADJACENT GRADE

The lowest elevation of the ground surface after construction next to the perimeter of a building.

902-40. LOWEST FLOOR

The lowest floor of the lowest enclosed area, including a 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 the lowest floor, provided that such enclosure is not built to render the building in violation of the applicable non-elevation design requirements of this ordinance.

902-41. MANUFACTURED HOME

A building, 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” may include a mobile home that does not constitute a “recreational vehicle”.

902-42. MANUFACTURED HOME PARK OR SUBDIVISION

A parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale.

A. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. 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 was completed before November 1, 1989.
B. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. 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.

902-43. MARKET VALUE

The value of the structure (excluding the value of land and site improvements) calculated as either 1) the cost to replace the structure in new condition adjusted by the amount of depreciation that has accrued since the structure was constructed, or 2) a square foot cost determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of allowed depreciation must account for the age, physical deterioration, and functional obsolescence of

the structure in a manner acceptable to the County Building Inspector and the Floodplain Administrator; the depreciation calculation need not include economic obsolescence. Using alternate replacement costs or accrued depreciation calculations from those contained in recognized building cost estimating guides must first be approved by the Floodplain Administrator and will not be considered without a report prepared by an independent professional appraiser detailing and supporting an alternate methodology.

902-44. NATOMAS AREA

The area bounded on the north by the border of the County of Sacramento, on the east by the Natomas East Main Drainage Canal, and on the south and west by the American and Sacramento Rivers (also described as the area of Reclamation District 1000).

902-45. NEW CONSTRUCTION

Any construction of a new structure, and/or any reconstruction, addition, or alteration of an existing building or any addition beyond the foundation perimeter commencing on or after March 15, 1979.

902-46. NEW MANUFACTURED HOME PARK OR SUBDIVISION

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 November 1, 1989.

902-47. NORMAL FARMING ACTIVITIES

Plowing, seeding, cultivating, minor drainage, harvesting, field leveling outside defined watercourses, contouring, and planting, as well as routine maintenance of irrigation ditches.

902-48. PERMITTEE

The person in whose name a valid permit is issued pursuant to this ordinance and the person’s agents, employees, and designated representatives.

902-49. PERSON

Any individual, corporation, partnership, association of any type, public agency, or any other legal entity.

902-50. POST-FIRM BUILDING

A building for which construction or substantial improvement occurred on or after March 15, 1979.

902-51. PRE-FIRM BUILDING

A building for which construction or substantial improvement occurred before March 15, 1979.

902-52. RECREATIONAL VEHICLE

A vehicle which is:

A. Built on a single chassis;
B. 400 square feet or less when measured at the largest horizontal projection;
C. Self-propelled or permanently towable by a light-duty truck; and
D. Used for temporary living quarters (less than 180 consecutive days); or for recreation, camping, travel, or seasonal use.

902-53. SPECIAL FLOOD HAZARD AREA (SFHA)

An area shown in the FEMA Flood Insurance Study and FIRM as Zone A, AO, A1-A30, AE, A99, AH, or AR.

902-54. 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.

902-55. STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank (not including water tanks smaller than 5000 gallons), a manufactured home that is affixed to a permanent site or foundation, and a travel trailer without wheels. For floodplain management purposes, a utility box is not a structure unless it is large enough to allow human walk-in access.

902-56. SUBSTANTIAL DAMAGE

Damage of any origin sustained by a building whereby the cost of restoring the building to its predamaged condition would equal or exceed 50 percent of the market value of the building before the damage occurred.

902-57. SUBSTANTIAL IMPROVEMENTS

Any reconstruction, rehabilitation, addition, or alteration of a building, or any part thereof, the cumulative cost of which equals or exceeds 50 percent of the market value of the building prior to the start of construction, as determined by independent appraisal. Start of construction is the point at which a building permit for the improvements is issued. Cumulative cost is calculated for the preceding five (5) year period from the date of building permit application. “Substantial improvements” includes repair of “substantial damage”, regardless of the actual repair work performed. The term does not include either:

A. Any project for improvement of a building to correct existing violations or state or local, health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or
B. Any alteration of a "historic building" provided that the alteration would not preclude the building's continued designation as a "historic building".

902-57.1 Urban Level of Flood Protection (ULOP)

The level of flood protection that is necessary for new development to withstand a 200-year event in accordance with Urban Level of Flood Protection criteria developed by the State of California Department of Water Resources. The ULOP is required for a development project and/or new construction located within an “applicability area” as shown in Appendix D: “ULOP Applicability in Unincorporated Areas of Sacramento County”, indicating locations where all the following criteria apply:

The project site is in a Flood Hazard Zone.
The project site is in an urban area with 10,000 or more residents, or is in an urbanizing area in which 10,000 or more residents are anticipated within 10 years; and
The project site is in a watershed with a contributing area greater than 10 square miles; and
The project site has potential flood depths greater than 3’ in the 200-year flood.

902-58. VERTICAL DATUM

The National Geodetic Survey Vertical Datum North American Vertical Datum 1988 (NAVD88) used countywide for floodplain mapping.

(Note: NAVD88 replaces the previous county vertical datum NGVD29. All flood insurance rate maps preceding August 16, 2012, are in NGVD29.)

902-59. VARIANCE

A grant of relief from the requirements of this ordinance which allows development in a manner that would otherwise be prohibited by this ordinance.

902-60. VIOLATION

The failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the 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.

902-61. WATER SURFACE ELEVATION

The height, in relation to the currently adopted Vertical Datum, where specified, of floods of various magnitudes and frequencies in floodplain areas.

902.62. WATERCOURSE

A river, stream, creek, tributary, basin, lake, pond, waterway, or channel, natural or man-made having a defined bed and banks on or over which water flows at least periodically.

902-63. Zone A, AO, A1-A30, AE, A99, AH or AR

A Special Flood Hazard Area as shown in the FEMA Flood Insurance Study and depicted on the FIRM.