A.

The purpose of the Floodplain Secondary (FPS) combining district is to protect the public health and safety and minimize property damage by designating areas that are subject to flooding with relatively low velocities or depths and by establishing reasonable restrictions on land use in such areas. The FPS district shall be applied to those areas lying within special flood hazard areas designated as Zones AO and AH, and Zone A1-A30 on the Flood Insurance Rate Maps (FIRM), but excluding the floodway on the Flood Boundary Floodway Maps (FBFM), the designated floodway on the State of California's Board of Reclamation's Kern River Designated Floodway Studies, or other maps where engineering studies have been made and adopted by the county board of supervisors. The regulations established by the FPS district shall be in addition to the regulations of the base district with which the FPS district is combined.

B.

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 manmade or natural causes, such as bridge openings restricted by debris. This chapter does not imply that areas outside the FPS district or land uses permitted within this 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.

(Prior code § 7165.01)

Permitted uses in an FPS district are those uses permitted by the base district with which the FPS district is combined, except as prohibited by Section 19.72.040 of this chapter or as modified in accordance with the standards set out in Section 19.72.130 of this chapter.

(Prior code § 7165.02)

Uses permitted with a conditional use permit in an FPS district are those conditional uses permitted by the base district with which the FPS district is combined, except as prohibited by Section 19.72.040 of this chapter or as modified in accordance with the standards set out in Section 19.72.130 of this chapter.

(Prior code § 7165.03)

All other uses not permitted by Section 19.72.020 or 19.72.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in an FPS district, including the following:

A.

All uses prohibited by the base district with which the FPS 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 19.72.130 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 loads of the stream or watercourse;

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 and survey services department and constructed in accordance with the requirements of the Kern County health 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;

I.

Tree farming, unless it can be shown to the Kern County engineering and survey services department that the spacing of trees will not affect the water-carrying capacity of the stream beyond limits resulting from encroachment as specified in Section 19.72.130 of this chapter.

(Ord. G-7189 § 78, 2005; Ord. G-6191 § 78, 1995: Ord. G-6077 § 243, 1994: Ord. G-5346 § 81, 1990; prior code § 7165.04)

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

(Prior code § 7165.05)

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

(Prior code § 7165.06)

Yard and setback requirements in an FPS district are per the requirements of the base district with which the FPS district is combined, except that all development shall be set back a minimum of ten (10) feet from an imaginary plane on a slope of two (2) horizontal to one (1) vertical projected upward from the toe of the existing bank of any watercourse, and sewage disposal systems shall be set back a minimum of one hundred (100) feet from the top of the existing banks of the watercourse. These setback requirements may be reduced if recommended through the preparation of a soils engineering report by a registered civil engineer experienced and knowledgeable in the practice of soils engineering. The report shall be subject to review and approval by the planning department.

(Ord. G-6077 § 244, 1994: Ord. G-4993 § 48, 1989: prior code § 7165.07)

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

(Prior code § 7165.08)

Requirements for minimum distance between structures in an FPS district are per the requirements of the base district with which the FPS 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 19.72.130.

(Ord. G-6077 § 245, 1994: Ord. G-4993 § 49, 1989: prior code § 7165.09)

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

(Prior code § 7165.10)

Sign requirements in an FPS district are per the requirements of the base district with which the FPS district is combined, provided that construction of the sign(s) shall comply with the minimum standards set out in Section 19.72.130 of this chapter.

(Prior code § 7165.11)

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

(Prior code § 7165.12)

All development within the FPS 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 § 79, 1995: Ord. G-6077 § 246, 1994: Ord. G-4993 § 50, 1989: prior code § 7165.13)