§ 34-12. Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted as to give them the meaning they have in common usage and to give this chapter its most reasonable application given its stated purpose and objectives.
Accessory structure shall represent a subordinate structure to the principal structure and, for the purpose of this section, shall conform to the following:
(1)
Accessory structures shall not be used for human habitation.
(2)
Accessory structures shall be designed to have low flood damage potential.
(3)
Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.
(4)
Accessory structures shall be firmly anchored to prevent flotation which may result in damage to other structures.
(5)
Service facilities such as electrical and heating equipment shall be elevated or floodproofed.
Act means the statutes authorizing the National Flood Insurance Program that are incorporated in 42 U.S.C. 4001-4128.
Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, shall be considered "new construction."
Appeal means a request for a review of the building official's interpretation of any provision of this chapter or a request for a variance.
Area of shallow flooding means a designated AO or AH zone on a community's flood insurance rate map (FIRM) with one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. (Such flooding is characterized by ponding or sheet flow).
Area of special flood-related erosion hazard is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as zone E on the flood hazard boundary map (FHBM). After the detailed evaluation of the special flood-related erosion hazard area in preparation for publication of the FIRM, zone E may be further refined.
Area of special flood hazard is the land in the floodplain within a community subject to a two-tenths of one percent or greater chance of flooding in any given year (500-year floodplain). The area may be designated as zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AO, AH, A1-30, AE or A99.
Base flood means the flood having a two-tenths of one percent chance of being equaled or exceeded in any given year (500-year).
Basement means that portion of a building having its floor subgrade (below ground level) on all sides.
Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
Building means any structure built for support, shelter, or enclosure for any occupancy or storage. See Structure.
Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment or materials.
Elevated building means a nonbasement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwater, pilings, columns piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.
Emergency flood insurance program or emergency program means the program as implemented on an emergency basis in accordance with Section 1336 of the Act. It is intended as a program to provide a first layer amount of insurance on all insurable structures before the effective date of the initial FIRM.
Erosion means the process of the gradual wearing away of land masses. This peril is not per se covered under the program.
Exception means a waiver from the provisions of this chapter which relieves the applicant from the requirements of a rule, regulation, order or other determination made or issued pursuant to this chapter.
Existing construction means any structure for which the "start of construction" commenced before the effective date of the first floodplain management code or ordinance adopted by the community as a basis for that community's participation in the National Flood Insurance Program (NFIP).
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, final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management code or ordinance adopted by the community as a basis for that community's participation in the National Flood Insurance Program (NFIP).
Existing structures. See Existing construction.
Expansion to an existing manufactured home park or 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).
500-year flood. See Base flood.
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1)
The overflow of inland or tidal waters.
(2)
The unusual and rapid accumulation or runoff of surface waters from any source.
Flood elevation determination means a determination by the engineering department of the water surface elevations of the base flood that is the flood level that has a two-tenths of one percent or greater chance of occurrence in any given year.
Flood elevation study means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of areas having special flood hazard have been designated as zone A.
Flood insurance rate map (FIRM) means an official map of a community, issued by the Federal Emergency Management Agency, delineating the areas of special flood hazard or the risk premium zones applicable to the community.
Flood insurance study is the official report provided by the Federal Emergency Management Agency, evaluating flood hazards and containing flood profiles and water surface elevation of the base flood.
Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source. See Flooding.
Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
Flood protection system means those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Flood-related erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood, or by some similarly unusual and unforeseeable event which results in flooding.
Flood-related erosion area or flood-related erosion-prone area means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.
Flood-related erosion area management means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to, emergency preparedness plans, flood-related erosion control works and floodplain management regulations.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot.
Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.
Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
Historic structure means 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 the interior; or
(4)
Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:
a.
By an approved state program as determined by the secretary of the interior, or
b.
Directly by the secretary of the interior in states without approved programs.
Levee means a man-made 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.
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 accordance with sound engineering practices.
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 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 non-elevation design requirements of this chapter.
Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and 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", unless such transportable structures are placed on a site for 180 consecutive days or longer.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Map means the flood hazard boundary map (FHBM) or the flood insurance rate map (FIRM) for a community issued by the agency.
Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with national geodetic vertical datum (NGVD) or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.
National geodetic vertical datum (NGVD) as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.
New construction means any structure for which the "start of construction" commenced on or after the effective date of this chapter or the effective date of the first floodplain management ordinance and includes any subsequent improvements to such structure.
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 this chapter or the effective date of the first floodplain management ordinance and includes any subsequent improvements to such structure.
North American vertical datum (NAVD) as corrected in the 1988, is a vertical control used as a reference for establishing varying elevations within a floodplain.
Person includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies.
Recreational vehicle means 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 light duty truck; and
(4)
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Special hazard area means an area having special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards and shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99 or AH.
Start of construction includes substantial improvement, 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 of the permit date. The actual start means either the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs 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.
State coordinating agency means the state department of economic and community development, local planning assistance office as designated by the governor of the state at the request of the engineering department, to assist in the implementation of the national flood insurance program for the state.
Structure for purposes of this section, means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.
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 percent of the market value of the structure before the damage occurred.
Substantial improvement means any repairs, reconstruction, rehabilitation, addition, or other improvement to a structure, taking place during a five-year period, in which the cumulative cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. The market value of the structure should be:
(1)
The appraised value of the structure prior to the start of the initial repair or improvement, or
(2)
In the case of damage, the value of the structure prior to the damage occurring.
This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed.
For the purpose 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 building. The term does not, however, include either:
(1)
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 and not solely triggered by an improvement or repair project; or
(2)
Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
Substantially improved existing manufactured home parks or subdivision is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
Variance is a grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.
Violation means the failure of a structure or other development to be fully complaint with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certification, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
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 coastal or riverine areas.
(Ord. No. O-07-2-102, § 1(Exh. A), 4-16-07; Ord. No. O-13-7-101, § 2, 7-22-13 (Emergency))