13-2A-1: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, including articles A through D, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined below, words or phrases used in this chapter, including articles A through D, shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application.
AREA OF SHALLOW FLOODING: A designated AO and AH zone on the city flood insurance rate map (FIRM) with a one percent (1%) chance or greater annual chance of flooding to an average depth of one to three feet (3'), where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. The area may be designated as zones A, AE, AH, AO, AR and A1-99 on the flood insurance rate map and the floodway hazard boundary map.
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.
CRITICAL FEATURE: An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
DEVELOPMENT: Any manmade change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DEVELOPMENT PERMIT: Any building permit and/or earth change permit which allows the construction of a structure or the movement of earth on a lot.
ELEVATED BUILDING: A nonbasement building built, in the case of a building in zones A, AE, AO, AH, AR and A99, to have the top of the elevated floor, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls; and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A, AE, AO, AH, AR and A99, the term "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
EXISTING CONSTRUCTION: Structures for which the start of construction commenced before September 28, 1979. "Existing construction" may also be referred to as "existing structures".
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 the floodplain management regulations adopted by the city.
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 INSURANCE RATE MAP (FIRM): An official map of the city, on which the federal emergency management agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable.
FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency (FEMA). The report contains flood profiles, water surface elevations of the base flood, as well as the flood boundary-floodway map.
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD PROTECTION SYSTEM: 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 areas within the city subject to a special flood hazard and the extent of the depths of associated flooding. These specialized flood modifying works are those constructed in conformance with sound engineering design standards.
FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any source.
FLOODPLAIN MANAGEMENT: The operation of an overall program or corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of the police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING: 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.
FLOODWAY OR 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.
HABITABLE FLOOR: Any floor usable for purposes, which includes: working, sleeping, eating, cooking, recreation or a combination thereof. A floor used for storage purposes only in a residential zone is not a habitable floor.
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: a) 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; b) 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; c) individually listed on a state inventory of historic places with historic preservation programs, which have been approved by the secretary of the interior; d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified the secretary of the interior.
LEVEE: A flood protection system which consists of a levee or levees, and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from flooding.
LEVEE SYSTEM: 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: The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for the 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 nonelevation design requirement of section 60.3 of the national flood insurance program regulations.
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 one hundred eighty (180) consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel or contiguous parcels or land divided into two (2) or more manufactured home lots for rent or sale.
MEAN SEA LEVEL: The national geodetic vertical datum (NGVD) of 1929, to which base flood elevations shown on the city flood insurance rate map are referenced.
NEW CONSTRUCTION: Structures for which the start of construction commenced after September 28, 1979.
100-YEAR FLOOD: Flood designation to indicate the one percent (1%) chance of flooding in any give year.
START OF CONSTRUCTION: The date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. 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 other 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 excavation for basements, 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.
STRUCTURE: A walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration affects the external dimensions of the structure. The term does not, however, include either 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 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 to a person or corporation from the requirements of this chapter, including articles A through D, when specific enforcement would result in unnecessary hardship or when an applicant presents an assuredly effective alternative for realization of the loss mitigation objective. A variance therefor permits construction or development in a manner otherwise prohibited by this chapter.
VIOLATION: The failure of a structure or other development to be fully compliant with the city floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter, including articles A through D, is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION: The height, in relation to the national geodetic vertical datum (NGVD) of 1929, of floods of various magnitudes and frequencies in the floodplains of riverine areas. (2006 Code)