Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
ALTERATION: Any change or addition to an artificial obstruction that increases its external dimensions or increases its potential flood hazard.
ARTIFICIAL OBSTRUCTION: Any obstruction that is not natural and includes any dam, diversion, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, road, bridge, conduit, culvert, building, refuse, automobile body, fill, or other analogous structure or matter in, along, across, or projecting into any regulated flood hazard area that may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the natural flow of the water would carry the same downstream to the damage or detriment of either life or property.
BASE FLOOD: A flood having a one percent (1%) chance of being equaled or exceeded in any given year. A base flood is the same as a 100-year flood and the terms are used interchangeably.
BASE FLOOD ELEVATION (BFE): The elevation above sea level of the base flood in relation to the North American vertical datum of 1988 (NAVD 88) unless otherwise specified.
BASEMENT: Any area of a building having its floor subgrade on all sides.
CHANNEL: The geographical area within either the natural or artificial banks of a watercourse or drainway.
CHANNELIZATION PROJECT: The excavation or construction of an artificial channel for the purpose of diverting the entire flow of a stream from its established course.
CRAWL SPACE: Any area below the ground level and below the lowest floor having an interior dimension of four feet (4') or less measured from the interior ground surface to the top of the stem wall.
DEVELOPMENT: Any manmade change to improved or unimproved real property, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment or materials.
DRAINWAY: A depression two feet (2') or more below the surrounding land serving to give direction to a current of water less than nine (9) months of the year and having a bed and well defined banks.
DWELLING: A permanent structure for human habitation, a place for living purposes.
ENCROACHMENT: Activities or construction within the floodplain including fill, new construction, substantial improvements, and other development.
EROSION: The process of the gradual wearing away.
ESTABLISH: To construct, place, insert, or excavate.
EXISTING STRUCTURES: Structures where the start of construction commenced on or before the effective date of these floodplain regulations.
FEMA: The federal emergency management agency that manages compliance with the national flood insurance program.
FLOOD: The water of any watercourse or drainway that is above the bank or outside the channel and banks of the watercourse or drainway.
FLOOD INSURANCE RATE MAP: The map on which FEMA has delineated the 100-year floodplain, the base flood elevations, and the risk premium zones.
FLOOD INSURANCE STUDY: The report in which FEMA has provided flood profiles, as well as the flood boundary, floodway map, and the water surface profiles.
FLOODPLAIN: The area including and adjoining the watercourse or drainway that would be covered by the floodwater of a flood of a 100-year frequency.
FLOODPLAIN ADMINISTRATOR: The city official or representative appointed by the city council to administer and implement the provisions of this title.
FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real and personal property, water and sanitary facilities, HVAC systems, structures and their contents.
FLOODWAY: The floodplain area whose limits are identified in the regulated flood hazard area and is the channel and the areas adjoining the channel that are reasonably required to carry the discharge of the base flood without cumulatively increasing the water surface by more than one-half foot (1/2').
FLOODWAY FRINGE: That portion of the regulated flood hazard area outside the limits of the floodway.
LOWEST FLOOR: Any floor of a dwelling, building, or structure used for living purposes, storage, or recreation. This includes any floor that could be converted to such a use.
MANUFACTURED HOME: A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle.
MEAN SEA LEVEL: The North American vertical datum of 1988 (NAVD 88) or other datum to which base flood elevations are referenced.
NEW CONSTRUCTION: Structures for which the start of construction, substantial improvement, or alteration commences on or after the effective date hereof.
100-YEAR FLOOD: A flood magnitude having a one percent (1%) chance of occurring in any given year and is the same as a base flood. A 100-year flood has nearly a twenty three percent (23%) chance of occurring in a twenty five (25) year period.
OWNER: Any person who has dominion over, control of, or title to an artificial obstruction.
RECREATIONAL VEHICLE: A vehicle which is: a) built on a single chassis; b) four hundred (400) square feet or less when measured at its largest horizontal projections; c) designed to be self- propelled or permanently towable by a light duty truck; and d) designed primarily for use as temporary living quarters for recreation, camping, travel, or seasonal use and not for use as a permanent dwelling.
REGULATED FLOOD HAZARD AREA (FLOOD HAZARD AREA): The jurisdictional area of these floodplain regulations which includes the floodplain, floodway fringe, and floodway. A floodplain whose limits have been designated pursuant to part 2, chapter 5 of title 76, Montana Code Annotated, and is determined to be the area adjoining the watercourse that would be covered by the floodwater of a base flood, a flood of a 100-year frequency.
RIPRAP: Stone, rocks, concrete blocks, or analogous material that is placed within the floodplain for the purpose of preventing or alleviating erosion.
RIVERINE: Relating to, formed by, or resembling a river (including tributaries), stream, or brook.
SCOUR DEPTH: The maximum depth of streambed scour caused by erosive forces of the base flood discharge.
START OF CONSTRUCTION: Commencement of clearing, grading, filling, or excavating to prepare a site for construction.
STRUCTURE: A walled and roofed building, including a gas or liquid storage tank that is principally aboveground, as well as a manufactured home, a bridge, culvert, dam, diversion, wall, revetment, dike, or other projection that may impede, retard, or alter the pattern of flow of water.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would 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:
A. Before the improvement or repair is started, or
B. If the structure has been damaged and is being restored before the damage occurred. For purposes of this definition, "substantial improvement" is considered to occur when the first construction to any wall, ceiling, floor, or other structural part of the building commences. The term does not include:
1. 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
2. Any alteration of a structure listed on the national register of historic places or state inventory of historic places.
SUITABLE FILL: Fill material which is stable, compacted, well graded, and pervious, not adversely affected by water and frost, devoid of trash or similar foreign matter, tree stumps or other organic material, and is fitting for the purpose of supporting the intended use and/or permanent structure.
VIOLATION: A failure of a structure or other development to be fully compliant with these regulations. (Ord. 249, 8-21-2012)