Yuba City Municipal Code § 6-9.201 Interpretation

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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

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

(§ 2, Ord. 002-07, eff. March 28, 2007)

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

(§ 2, Ord. 002-07, eff. March 28, 2007)

"Area of shallow flooding" means a designated AC or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three ft.; 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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

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

(§ 2, Ord. 002-07, eff. March 28, 2007)

"Base flood" means a flood which has a 1% 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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

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

(§ 2, Ord. 002-07, eff. March 28, 2007)

"Breakaway walls" are any type of walls, whether solid or lattice, and where constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 20 pounds per square ft. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

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

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

(§ 2, Ord. 002-07, eff. March 28, 2007)

"Building." See "Structure."

(§ 2, Ord. 002-07, eff. March 28, 2007)

"Council" means the City Council of the City of Yuba City.

(§ 2, Ord. 002-07, eff. March 28, 2007)

"Development" means any manmade change to improve 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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

"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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

"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 the effective date of the floodplain management regulations adopted by the Council.

(§ 2, Ord. 002-07, eff. March 28, 2007)

"Expansion to an existing mobile home park or mobile home 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).

(§ 2, Ord. 002-07, eff. March 28, 2007)

"Flood, flooding, or flood water" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters; and the unusual and rapid accumulation or runoff of surface waters from any source.

(§ 2, Ord. 002-07, eff. March 28, 2007)

"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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

"Flood Hazard Boundary Map (FHBM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

(§ 2, Ord. 002-07, eff. March 28, 2007)

"Flood hazard zone" means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency. 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.

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Flood Insurance Rate Map (FIRM)" 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 City of Yuba City.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

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

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Floodplain Administrator" means the individual appointed by the Council to administer and enforce the floodplain management regulations.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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 floodplains, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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 applications of police power which control development in flood-prone areas. This term describes federal, State or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Floodproofing" means 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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Floodway" means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one ft. Also referred to as "regulatory floodway."

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Floodway encroachment lines" means the lines marking the limits of floodways on federal, State, and local floodplain maps.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

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

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Fraud and victimization," as related to Article 6, Variance Procedures, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Yuba City will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Hardship," as related to Article 6, Variance Procedures, of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The Council 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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

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

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Historic structure" means any structure that is:

(a) 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;

(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;

(c) 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

(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 with approved programs.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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 (see "Basement") is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. (Note: This definition allows attached garages to be built at grade provided it conforms with the requirements of FEMA technical bulletin 7-93 entitled "Wet Floodproofing Requirements." Below grade garages are not allowed as they are considered to be basements.)

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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."

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

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

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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 on a community's Flood Insurance Rate Map are referenced.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Moderate hazard area" means an area in the floodplain subject to a half-percent or greater chance of flooding in any given year. It is shown on a Flood Hazard Boundary Map (FHBM) or Federal Insurance Rate Map (FIRM) as zone B or X (shaded).

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by the Council and which includes any subsequent improvements to such structures.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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 the effective date of floodplain management regulations adopted by the Council.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

A non-urban or not urbanizing area is a developed area or an area outside a developed area in which there are fewer than 10,000 residents. Yuba City is an urban area and does not constitute any non-urban or [not] urbanizing area.

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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: (a) alter, impede, retard, or change direction and/or velocity of the flow of water; (b) snare or collect debris carried by the flow of water due to its location; or (c) be carried downstream.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

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

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Public safety and nuisance" as related to Article 6, Variance Procedures, 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 obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Recreational vehicle" means a vehicle which is:

(a) Built on a single chassis;

(b) 400 square ft. or less when measured at the largest horizontal projection;

(c) Designed to be self-propelled or permanently towable by a light-duty truck; and

(d) Designed primarily not for use as permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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 ft.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

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

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

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

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on a FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, or AH.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Start of construction" includes substantial improvement and other proposed new development and means the date that a permit is issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is 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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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% of the market value of the structure before the damage occurred.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50% 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:

(a) 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; or

(b) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

An urban area is a developed area in which there are 10,000 residents or more. All lands within the City limits of Yuba City are considered an urban area.

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"Urban level of flood protection" means the level of protection that is necessary to withstand flooding that has a one in 200 chance of occurring in any given year using criteria consistent with, or developed by, the California Department of Water Resources. "Urban level of flood protection" shall not mean shallow flooding or flooding from local drainage that meets the criteria of the national Federal Emergency Management Agency standard of flood protection.

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

An urbanizing area is a developed area or an area outside a developed area that is planned or anticipated to have 10,000 residents or more within the next ten years. Yuba City is an urban area and does not consist of any non-urban or urbanizing areas.

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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, or 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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

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

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)

"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.

(§ 2, Ord. 002-07, eff. March 28, 2007)

(Ord. No. 009-16, § 2(Att. A, § 1), 9-20-2016)