Sec. 5A-1. - Statutory authorization.

The legislature of the State of California has, pursuant to the provisions of the California Constitution, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

(Ord. No. 474.1, 3-2-10)

Sec. 5A-2. - Findings of fact.

(a)

The flood hazard areas of the unincorporated territory of the County of Kings, State of California, are subject to periodic inundation which may result 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 the cumulative effects of obstructions in areas of special flood hazard which increase flood heights and velocities. There is additional damage to uses in other areas when such obstructions are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.

(Ord. No. 474.1, 3-2-10)

Sec. 5A-3. - Statement of purpose.

It

is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(a)

Protect human life and health;

(b)

Minimize expenditure of public money for costly flood control projects;

(c)

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

(d)

Minimize prolonged business interruptions;

(e)

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;

(f)

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 blight areas;

(g)

Assist potential buyers in identifying properties which are in areas of special flood hazard; and

(h)

Promote those who occupy the areas of special flood hazard assuming responsibility for their actions.

(Ord. No. 474.1, 3-2-10)

Sec. 5A-4. - Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(Ord. No. 474.1, 3-2-10)

Sec. 5A-5. - Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazard within the unincorporated territory of the County of Kings, State of California.

(Ord. No. 474.1, 3-2-10)

Sec. 5A-6. - Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) through the Federal Emergency Management Agency (FEMA) in Flood Insurance Rate Map (FIRM), community-panel number 060086 0025C to 0875C, prepared in the "Flood Insurance Study (FIS) for Kings County" dated June 16, 2009, and subsequent revisions, are hereby adopted by reference and declared to be a part of this chapter. The FIRM is on file at the Kings County Community Development Agency, Kings County Government Center, Hanford, CA 93230.

This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the County of Kings by the Floodplain Administrator. The studies and FIRM's are on file at the Kings County Government Center, 1400 W. Lacey Boulevard, Building 6, Hanford, CA 93230.

(Ord. No. 474.1, 3-2-10)

Sec. 5A-7. - Compliance.

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Nothing herein shall prevent the appropriate county officials from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. No. 474.1, 3-2-10);hn0;

Sec. 5A-8. - Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate or impair any regulations of other public agencies including, but not limited to, state reclamation board, or any existing easements, covenants or deed restrictions. However, if this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 474.1, 3-2-10)

Sec. 5A-9. - Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

(a)

Considered as minimum requirements;

(b)

Liberally construed in favor of the governing body; and

(c)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 474.1, 3-2-10)

Sec. 5A-10. - Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the County of Kings, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. No. 474.1, 3-2-10)

Sec. 5A-11. - Definitions.

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

Alluvial fan: An area subject to flooding when the floodplain is comprised of low flow channels where sediment accompanies the shallow flooding and the unstable soils scour and erode during a flooding event.

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

Area of shallow flooding: 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. Designated zone AO, AH or VO on the Flood Insurance Rate Map (FIRM).

Base flood: A flood having a one percent chance of being equaled or exceeded in any given year. 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 1-percent or greater chance of being equaled or exceeded in any given year.

Basement: Any area of the building having its floor subgrade - i.e., below ground level - on all sides.

Breakaway wall: Any type of wall which is not part of the structural support of the building and which is so designed as to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which it is used or any buildings to which it might be carried by floodwaters.

Development: Any manmade change to improved or unimproved real estate located within a special flood hazard area and including, but not limited to, buildings or other structures, filling, grading, paving, excavation, drilling operations, or construction or modification of levees.

Development permit: The permit issued by the building official for any development prior to the issuance of any permits or approvals pursuant to Chapters 5, 14A, 21 and Appendix A (Zoning Ordinance) of this Code of Ordinances.

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) is completed before the effective date of this chapter.

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).

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

(a)

The overflow of inland or tidal waters; and/or

(b)

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

FEMA: The Federal Emergency Management Agency.

Flood insurance rate map (FIRM): The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and floodways applicable to the unincorporated territory of Kings County.

Flood insurance study: The official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood insurance rate map (FIRM), the flood boundary floodway map, and the water surface elevation of the base flood.

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

Flood-related erosion: A condition that exists in conjunction with a flooding event and that alters the composition of the bank of a watercourse, or a condition that increases the possibility of personal injury, death or property damage or loss due to the erosion of the land area adjacent to the watercourse.

Floodway: 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 foot.

Hazard mitigation plan: A plan that incorporates a process whereby the potential of future loss due to flooding can be minimized by planning and implementing alternatives to floodplain management county-wide.

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

Historic structure: 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: 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.

Lowest floor: The lowest floor of the lowest enclosed area, including basement (see "basement" definition). 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 non-elevation design requirements of this chapter. For all residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "basements" definition). This prohibition includes below-grade garages and storage areas.

Manufactured home: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

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

Manufactured unit: A prefabricated structure in one or more sections that is assembled onsite with a permanent foundation.

New construction: Structures for which the "start of construction" commenced on or after the effective date of this chapter, and includes any subsequent improvements to such structures.

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 the effective date of this chapter.

Recreational vehicle: A vehicle which is:

1.

Built on a single chassis;

2.

400 square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a vehicle; and

4.

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

Regulatory floodway: 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 a designated height.

Special flood hazard area (SFHA): An area in the floodplain subject to a one 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 manufacture 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: A walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement: Any repair, reconstruction or improvement to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

(a)

Before the repair, reconstruction or improvement is started; or

(b)

If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "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:

(a)

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

(b)

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Variance: 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: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate or other evidence of compliance required in this chapter is presumed to be in violation until such time as the documentation is provided or the structure or other development is removed. Each day that a violation continues is a separate violation.

(Ord. No. 474.1, 3-2-10)

Sec. 5A-12. - Severability.

This chapter and the various parts hereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the this chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. 474.1, 3-2-10)

Secs. 5A-13—5A-19. - Reserved.