Zoneomics Logo
search icon

Kern County Unincorporated
City Zoning Code

CHAPTER 19

70 - FLOODPLAIN FP COMBINING DISTRICT

Sections:


19.70.010 - Purpose and application.

A.

The purpose of the Floodplain (FP) combining district is to protect the public health and safety and minimize property damage by designating areas that are potentially subject to flooding and by establishing reasonable restrictions on land use in such areas. The FP district shall be applied to those areas lying within Zone A on the Flood Insurance Rate Maps (FIRM) or those areas potentially subject to flooding as designated by the Kern County engineering and survey services department pending reclassification of such areas into the Floodplain Primary (FPP) district or the Floodplain Secondary (FPS) combining district. The regulations established by the FP district shall be in addition to the regulations of the base district with which the FP district is combined.

B.

The special flood hazard area designated as Zone A is based on historical flood flows where no quantitative determination of the frequency of flooding has been made. Detailed engineering studies are performed and/or approved by the Kern County engineering and survey services department prior to the reclassification of the FP combining district into the FPP district and/or FPS combining district.

C.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by man-made or natural causes, such as bridge openings restricted by debris. This chapter does not imply that areas outside the FP district or land uses permitted within the FP district will be free from flooding or flood damages. This chapter shall not create liability on the part of the county of Kern or any officer or employee thereof for any flood damage that may result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. G-6191 § 75, 1995: Ord. G-6077 § 239, 1994: Ord. G-4993 § 44, 1989; Ord. G-4832 § 159, 1988; prior code § 7160.01)

19.70.020 - Permitted uses.

Permitted uses in an FP district are those uses permitted by the base district with which the FP district is combined, except as prohibited by Section 19.70.040 of this chapter or as modified in accordance with the standards set out in Section 19.70.130 of this chapter.

(Prior code § 7160.02)

19.70.030 - Uses permitted with a conditional use permit.

Uses permitted with a conditional use permit in an FP district are those conditional uses permitted by the base district with which the FP district is combined, except as prohibited by Section 19.70.040 of this chapter or as modified in accordance with the standards set out in Section 19.70.130 of this chapter.

(Prior code § 7160.03)

19.70.040 - Prohibited uses.

All other uses not permitted by Sections 19.70.020 and 19.70.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in an FP district, including:

A.

All uses prohibited by the base district with which the FP district is combined;

B.

All uses that will likely increase the flood hazard or affect the water-carrying capacity of the floodplain beyond the limits resulting from encroachment as specified in Section 19.70.130 of this chapter;

C.

Dumping, stockpiling or storage of floatable substances or other materials which, in the opinion of the Kern County engineering and survey services department, will add to the debris load of the stream or watercourse, unless protected by flood control devices approved by the Kern County engineering and survey services department and constructed in accordance with Section 19.70.130 of this chapter;

D.

Storage of junk or salvage operations;

E.

Oil storage tanks or processing equipment, unless floodproofed or sufficiently elevated above the base flood elevation, as determined by the Kern County engineering and survey services department;

F.

Individual sewage disposal systems (e.g., septic tank systems), unless protected by flood control devices approved by the Kern County engineering, surveying, and permit services department and constructed in accordance with the requirements of the Kern County public health services department so as to minimize infiltration of floodwaters into the systems and discharges from the systems into the floodwaters;

G.

Sources of water supply (e.g., wells, springs, etc.) unless protected by flood control devices approved by the Kern County engineering and survey services department and constructed in accordance with the requirements of the Kern County health department so as to minimize infiltration of floodwaters;

H.

Any use which endangers the temporary safeguards erected for flood protection.

(Ord. G-7189 § 76, 2005; Ord. G-6641 § 35, 1999; Ord. G-6191 § 76, 1995: Ord. G-6077 § 240, 1994: prior code § 7160.04)

(Ord. No. G-8035, § 76, 4-20-10)

19.70.050 - Minimum lot size.

Minimum lot size requirements in an FP district are per the requirements of the base district with which the FP district is combined.

(Ord. G-4993 § 45, 1989: Prior code § 7160.05)

19.70.060 - Minimum lot area per dwelling unit.

Requirements for minimum lot area per dwelling unit in an FP district are per the requirements of the base district with which the FP district is combined.

(Ord. G-4993 § 46, 1989: Prior code § 7160.06)

19.70.070 - Yards and setbacks.

Yard and setback requirements in an FP district are per the requirements of the base district with which the FP district is combined, except that all development shall be set back a minimum of ten (10) feet from the banks of any watercourse and sewage disposal systems shall be set back a minimum of one hundred (100) feet from the banks of any watercourse.

(Prior code § 7160.07)

19.70.080 - Height limits.

Height limit requirements in an FP district are per the requirements of the base district with which the FP district is combined.

(Prior code § 7160.08)

19.70.090 - Minimum distance between structures.

Requirements for minimum distance between structures in an FP district are per the requirements of the base district with which the FP district is combined; however, the floodplain management section of the engineering and survey services department may require a greater minimum distance between structures in order to provide sufficient water-carrying capacity of the floodplain to meet the requirements of Section 19.70.130.

(Ord. G-6077 § 241, 1994: Ord. G-4993 § 47, 1989: prior code § 7160.09)

19.70.100 - Parking.

Parking requirements in an FP district are per the requirements of the base district with which the FP district is combined.

(Prior code § 7160.10)

19.70.110 - Signs.

Sign requirements in an FP district are per the requirements of the base district with which the FP district is combined, provided that construction of the sign(s) shall comply with the minimum standards set out in Section 19.70.130 of this chapter.

(Prior code § 7160.11)

19.70.120 - Landscaping.

Landscaping requirements in an FP district are per the requirements of the base district with which the FP district is combined.

(Prior code § 7160.12)

19.70.130 - Special review procedures and development standards.

All development within the FP district shall comply with the requirements of the flood damage prevention ordinance (Chapter 17.48 of this code) and the following standards:

A.

Generally, development within the floodplain may not cumulatively increase the base flood elevation at any point more than one (1) foot.

1.

Computations of increased flood heights caused by development in the floodplain shall be based upon the reasonable assumption that there shall be an equal loss of conveyance on opposite sides of the stream.

2.

Cases for super critical flow, or where velocity conditions are such that normal encroachment analyses are not possible or inappropriate, the allowable increase of one (1) foot shall be applied to the energy grade line instead of the base flood elevation.

3.

Cases for over bank velocities exceeding seven (7) feet per second, the floodway boundary shall coincide with the one hundred (100) year floodplain boundaries.

4.

All such computations shall be made or approved by the Kern County engineering and survey services department.

(Ord. G-6191 § 77, 1995: Ord. G-6077 § 242, 1994: prior code § 7160.13)