ACCESSORY STRUCTURE. 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 flood- proofed.
ACT. The statutes authorizing the National Flood Insurance Program that are incorporated in 42 USC 400l-4l28.
ADDITION (TO AN EXISTING BUILDING). 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 or is separated by independent perimeter load-bearing walls is new construction.
APPEAL. A request for a review of the Building Official’s interpretation of any provision of this subchapter or a request for a variance.
AREA OF SHALLOW FLOODING. A designated AO or AH Zone on a community’s Flood Insurance Rate Map (FIRM) with 1% or greater annual change 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 where velocity flow may be evident. The flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain which a community subject to a 1% or greater chance of flooding in any given year. 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.
AREA OF SPECIAL FLOOD-RELATED EROSION HAZARD. The land within a community, which is most likely to be subject to severe flood-related erosion loss. 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.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASEMENT. That portion of a building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL. 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. Any structure built for support, shelter or enclosures for any occupancy or storage. (See STRUCTURE.)
DEVELOPMENT. 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 or drilling operations or storage of equipment or materials.
ELEVATED BUILDING. A non-basement building:
(1) Built to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings and columns (posts and piers); and
(2) 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 Al-30, AE, A, A99, AO, AH, B, C, X or D,
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 flood waters.
EMERGENCY FLOOD INSURANCE PROGRAM or EMERGENCY PROGRAM. The program as implemented on an emergency basis in accordance with § l336 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. The process of the gradual wearing away of land masses. This peril is not per se covered under the program.
EXCEPTION. A waiver from the provision of this subchapter which relieves the applicant from the requirements of a rule, regulation, order or other determination made or issued pursuant to this subchapter.
EXISTING CONSTRUCTION. Any type structure for which the start of construction commenced before the effective date of this subchapter.
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 pad) is completed before the effective date of this subchapter.
EXISTING STRUCTURE. See EXISTING CONSTRUCTION.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of an additional site 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 or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land area 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. A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a 1% or greater chance of occurrence in any given year.
FLOOD ELEVATION STUDY. An examination, evaluation and determination of flood hazard and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of muddy (for example, mudflow) and/or flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the flood related erosion areas having special hazards have been designated as Zone A, M and/or E.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the Flood Boundary Map and the water surface elevation of the base flood.
FLOOD PROTECTION SYSTEM. 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.
FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT. 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-PROOFING. Any combination of structural and non-structural 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. 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 level 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 flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding.
FLOOD-RELATED EROSION AREA or FLOOD-RELATED EROSION PRONE AREA. 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 wide-driven currents, is likely to suffer flood-related erosion damage.
FLOOD-RELATED EROSION AREA MANAGEMENT. 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. 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 one foot.
FLOOR. The top surface of an enclosed area in a building (including basement), for example, 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. A factor of safety usually expressed in feet above a flood level for purpose of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood height 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. 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. 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:
(1) Listed individually in the National Register of Historic Places (a listing maintained by Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements to individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interiors 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 in communities with historic preservation programs that have been certified either:
(a) By the approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states with approved programs.
LEVEE. Man-made structures, usually an earth embankment, designated 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. 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 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 now built so as to render the structure in violation of the applicable non-elevation design requirement of this subchapter.
MANUFACTURED HOME. 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.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcel) of land divided into two or more manufactured home lots for rent or sale.
MAP. The Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Agency.
MEAN SEA LEVEL. 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 subchapter, 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. Any structure for which the start of construction commenced on or after the effective date of this subchapter. The term also includes any subsequent improvements to such structure.
NEW 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 on or after the effective date of this subchapter.
100-YEAR FLOOD. See BASE FLOOD.
PERSON. Any individual or group of individuals, corporation, partnership, association or any other entity, including state and local government agencies.
RECREATIONAL VEHICLES. A vehicle which is:
(1) Built on a single chassis;
(2) Four-hundred square feet or less when measured at the largest horizontal projections;
(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.
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.
RIVERINE. Relating to, formed by or resembling a river (including tributaries), stream, brook and the like.
SITE COORDINATING AGENCY. (Tennessee Department of Economic and Community Development) The agency of the state government, or other office designated by the Governor of the state or by state statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program in that state.
SPECIAL HAZARD AREA. An area having special flood mudslide (mudflow) and/or flood-related erosion hazards and shown on the FHBM as Zone A, AO, Al-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 street and/or walkways; nor does it include excavation for a basement, footings, piers, 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.
STRUCTURE. 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. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVED EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. 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 specifications which have been identified by the local enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.
VARIANCE. A grant of relief from the requirements of this subchapter which permits construction in a manner otherwise prohibited by this subchapter where specific enforcement would result in unnecessary hardship.
VIOLATION. The failure of a structure or other development to be fully compliant 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 subchapter 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, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coast or riverine areas.
(`00 Code, § 11-702) (Am. Ord. 2012-19, passed 1-14-13)