underline-strikeout version of the final draft ordinance - Pima County ...

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For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!"Variance" means to have the Board grant relief from the requirements of this title that wouldallow construction in a manner that would otherwise be prohibited by this title including:A. Variances of adopted Special Flood Hazard Areas as designated by FEMA. Such variancesshall conform to the variance requirements of the Federal National Flood Insurance Program asprovided for within 44 CFR 66 and A.R.S. 48-3609 and as provided for in Chapter 16.56 of thistitleTitle.B. Variances to adopted District regulations as provided by this title. Such variances shallconform to the variance requirements provided in Chapter 16.56 of this title. (Ord. 2010 FC-1;Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 4 (part),1988)16.08.720Violation."Violation" means the failure of a structure or other development to be fully compliant with theDistrict's floodplain management regulations. A structure or other development without theelevation certificate, other certifications or other evidence of compliance required in thisordinance is presumed to be in violation until such time as that documentation is provided. (Ord.1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 4 (part), 1988)16.08.730Waiver by the Chief Engineer."Waiver by the Chief Engineer" means to modify or substitute one technical requirements orstandard for another where provisions in this title allow the Chief Engineer to exercise technicaljudgement in establishing permit requirements, for example, waiving erosion setbackrequirements based on geotechnical evidence. (Ord. 2005-FC2 § 2 (part), 2005)16.08.740Watercourse."Watercourse" means any lake, river, stream, creek, wash, arroyo, or other body of water orchannel having banks and a bed through which waters flow at least periodically. The watercourseincludes the streambed, channel banks, floodway and floodway fringe areas and areas subject tosheet flooding. (Ord. 2010 FC-1; Ord. 2005 FC-2 § 2 (part), 2005); Ord. 1999 FC-1 § 1 (part),1999; Ord. 1988 FC-2 Art. 4 (part), 1988)16.08.750Watercourse master plan."Watercourse master plan" means a master plan adopted by the District Board that providesuniform, but separate, rules for watercourses where a higher level of protection is warranted forpublic safety or to preserve the integrity of the watercourse, as provided for in A. R. S. Section48-3609-01. (Ord. 2005 FC-2 § 2 (part), 2005)16.08.760Watershed."Watershed" means the contributing drainage area located upstream of a specific point along awatercourse. (Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 4 (part), 1988)24
For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!16.08.770Written Finding by the Chief Engineer.“Written Finding by the Chief Engineer” means a written determination issued by the ChiefEngineer after consideration of technical facts and the provisions of this Title concerning theconditions or denial of a floodplain use permit or a boundary determination of a regulatoryfloodplain, floodway, erosion hazard area or riparian habitat. (Ord. 2010 FC-1)16.08.7870Xeroriparian."Xeroriparian" for purposes of this title, means riparian habitat designated as xeroriparian onmaps adopted by the Board. These riparian habitats are generally associated with an ephemeralwater supply. These communities typically contain plant species also found in upland habitats;however, these plants are typically larger and/or occur at higher densities than adjacent uplands.(Ord. 2005 FC-2 § 2 (part), 2005)Chapter 16.12EXEMPTIONS AND NONCONFORMING USESSections:16.12.010 Exemptions from Title 16 regulations.16.12.020 Review of plans-Uses authorized without permit.16.12.030 Use permit required when.16.12.040 Liability for increasing flood hazards.16.12.050 Improvements to nNonconforming uses permitted when.16.12.060 Discontinuance of nonconforming use.16.12.010Exemptions from Title 16 regulations.As specified in A.R.S. Section 48-3609, the provisions of this tTitle shall not affect or prohibit:A. Existing legal uses of property or the right to continuation of such legal uses. However, ifnonconforming use of land, building or structure is discontinued for 12 consecutive months; or isdestroyed to the extent of 50 percent or more of its value, as determined by a competentappraiser, any further use shall comply with this title;B. Reasonable repair or alteration of property for the purposes for which the property was legallyused on December 16, 1974, except that any alteration, addition, or repair to a nonconformingbuilding or structure which would result in increasing its flood damage potential by 50 percent ormore shall be either flood-proofed or elevated to, at, or above the regulatory flood elevation withwritten authorization required pursuant to A.R.S. § 49-3613 and Section 16.12.050 of thischapter;25
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