Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
ACCESSORY USE: A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
ACT: The national flood insurance act of 1968, and flood disaster protection act of 1973, both as amended.
ACTUAL CASH VALUE (ACV): The replacement cost of an insured item of property at the time of loss, less the value of physical depreciation as to the item damaged.
ALLUVIAL FAN: A geomorphologic feature characterized by a cone or fan shaped deposit of clay, silt, sand, gravel, and boulders that have been eroded from mountain slopes, transported by flood flows, and deposited on the valley floor.
ALLUVIAL FAN FLOODING: Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high velocity flows, active processes of erosion, sediment transport, deposition, and unpredictable flow paths.
ANCHOR: A series of methods used to secure a structure to its footings or foundation wall so that it will not be displaced by flood or wind forces.
APEX: The highest point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
APPEAL: A request for a review of the floodplain administrator's interpretation of any provisions of this chapter. Appeal is part of the administrative procedure specified in subsection 13-1-4-4H of this chapter.
APPURTENANT STRUCTURE: A detached garage or carport servicing a one- to four-family dwelling.
AREA OF SHALLOW FLOODING: Designated zones AO and AH on a community's flood insurance rate map (FIRM) with a one percent (1%) 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. This term is defined in the national flood insurance act.
AREA OF SPECIAL FLOOD HAZARD: See definition of Special Flood Hazard Area (SFHA).
AREA OF SPECIAL FLOOD RELATED EROSION HAZARD: 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 insurance rate map (FIRM).
AREA OF SPECIAL MUDSLIDE (MUDFLOW) HAZARD: The area subject to severe mudslides (i.e., mudflows). The area is designated as zone M on the flood insurance rate map (FIRM).
ASSIGNMENT: The transfer by a policyholder of his/her legal right or interest in a policy contract to a third party. In the NFIP, written assignment of a policy is permissible upon transfer of title without the consent of the administrator except in the case where a residential (household) contents only policy is involved or a policy was issued to cover a one- to four-family residential building in the course of construction.
ASSOCIATION: A group of unit owners that manages the described condominium building or a designated group of homes.
BACKFILL: The placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving floodwater conveyance or to restore the land to the natural contours existing prior to excavation.
BACKWATER EFFECT: The rise in water surface elevation caused by some obstruction such as a narrow bridge opening, buildings or fill material that limits the area through which the water must flow.
BASE FLOOD: A flood which has a one percent (1%) chance of being equaled or exceeded in any given year (also called the "100-year flood"). This term is defined in the national flood insurance act.
BASE FLOOD DEPTH (BFD): The depth shown on the flood insurance rate map (FIRM) for zone AO that indicates the depth of water above highest adjacent grade resulting from a flood that has a one percent (1%) chance of equaling or exceeding that level in any given year.
BASE FLOOD ELEVATION: The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplain of riverine areas.
BASE FLOODPLAIN: The floodplain that would be inundated by a one percent (1%) chance flood.
BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.
BINDER: A temporary agreement between company, producer, and insured that the policy is in effect. Binders are not permitted under the NFIP.
BLANKET INSURANCE: A single amount of insurance applying to more than one building and/or contents. Blanket insurance is not permitted under the NFIP.
BREAKAWAY WALLS: 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 or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway wall must be certified by a registered engineer or architect and shall meet the following conditions:
A. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood, and
B. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
This term is defined in the national flood insurance act. They would be used where a structure is entirely supported by piers or columns and where water is expected to flow under the structure during a flood.
BUILDING: See definition of Structure.
CHANNEL: A natural or artificial watercourse with definite bed and banks to confine and conduct flowing water.
CHANNEL CAPACITY: The maximum flow that can pass through a channel without overflowing the banks.
CLAIMS COORDINATING OFFICE (CCO): A clearinghouse for the various insurers who are responding to a multiperil catastrophe. Through voluntary participation, all losses are reported to the coordinating office and are processed to locate address matches among the reported claims. The interest of each carrier is protected as the claims coordinator maintains sole control over the policy and loss information. If a match is found, special care is taken to direct the assigned adjuster(s) to a mutually agreeable adjustment or to have one adjuster surrender his/her loss with the assurance that every effort will be made to replace it.
CODE OF FEDERAL REGULATIONS: Codification of the general and permanent rules published in the federal regulations (CFR) register by the executive departments and agencies of the federal government.
COINSURANCE: This provision reduces the loss payment if the insured does not carry coverage equal to at least eighty percent (80%) of the replacement cost of the damaged building.
COMMUNITY: Any state or area or political subdivision thereof, or any Indian tribe or authorized tribal organization, or authorized native organization, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
COMMUNITY NUMBER: A six (6) digit designation identifying each NFIP community. The first two (2) numbers are the state code. The next four (4) are the FIA assigned community number. An alphabetical suffix is added to a community number to identify revisions in the flood insurance rate map (FIRM) for that community.
COMMUNITY RATING SYSTEM (CRS): A program developed by FIA to provide incentives for those communities in the regular program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.
CONDITIONAL LETTER OF MAP AMENDMENT (CLOMA): A letter from FEMA stating that a proposed structure that is not to be elevated by fill would not be inundated by the base flood if built as proposed.
CONDITIONAL LETTER OF MAP REVISION (BASED ON FILL) (CLOMR-F): A letter from FEMA stating that a parcel of land or proposed structure that is to be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed.
CONDITIONAL LETTER OF MAP REVISION (CLOMR): Procedures by which contractors, developers and communities can request review and determination by the federal insurance administrator of scientific and technical data for a proposed project, when complete and functioning effectively would modify the elevation of individual structures and parcels of land, stream channels, and floodplains on the FIRM.
CONDOMINIUM: A system of individual ownership of units in a multi-unit building or buildings or in single-unit buildings in which each unit owner has an undivided interest in the common areas of the building(s) and facilities that serve the building(s).
CONDOMINIUM ASSOCIATION: A corporation made up of owners of the condominium buildings. The condominium association is responsible for: a) the operation, and b) the adoption and enforcement of rules or bylaws that govern the owners of the condominium buildings.
CONTROL OFFICE: An NFIP claims office similar to a flood insurance claims office (FICO) with the exception that the control office does not: a) maintain insured files, b) maintain a claims examiner staff at the site, and c) issue claim payments.
COUNTYWIDE MAP: A flood insurance rate map (FIRM) that shows flooding information for the entire geographic area of a county, including the incorporated communities within the county.
CRITICAL FEATURES: An integral and readily identifiable part of a flood protection system (e.g., dams, floodwalls, channel improvements), without which the flood protection provided by the entire system would be compromised.
CRITICAL STRUCTURES: A structure for which even a slight chance of flooding would reduce or eliminate its designed function of supporting a community in an emergency. Fire stations, hospitals, municipal airports, police stations, communication antennas or towers, eldercare facilities (retirement homes), fuel storage facilities, schools designated as emergency shelters, and fresh water and sewage treatment facilities are some examples of critical structures.
CURVILINEAR LINE: The border on either an FHBM or FIRM that delineates the special flood, mudslide (i.e., mudflow) and/or flood related erosion hazard areas and consists of a curved or contour line that follows the topography.
DATE OF CONSTRUCTION: The date that the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date.
DEDUCTIBLE BUYBACK: For an additional premium, policyholders who wish to reduce their deductibles from the standard deductibles of one thousand dollars ($1,000.00) for pre-FIRM risks may opt to purchase separate five hundred dollar ($500.00) deductibles for building and content coverage.
DESIGNATED FLOODWAY: The channel of a stream and the portion of the adjoining floodplain designated by a regulatory agency to be kept free of further development to provide for unobstructed passage of flood flows.
DEVELOPMENT: Any manmade 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 located within the area of special flood hazard. This term is defined in the national flood insurance act.
DIAGRAM NUMBER: The diagram numbers on the FEMA elevation certificate identify the various types of buildings.
DIRECT PHYSICAL LOSS BY OR FROM FLOOD: Any loss in the nature of actual loss of or physical damage, evidenced by physical changes, to the insured property (building or personal property) which is directly and proximately caused by a "flood" (as defined in the policy forms).
DOUBLEWIDE MANUFACTURED (MOBILE) HOME: A manufactured (mobile) home that, when assembled as a nonmovable, permanent building, is at least sixteen feet (16') wide with an area within its perimeter walls of at least six hundred (600) square feet. A doublewide is not classified as a manufactured (mobile) home for insurance rating purposes under the NFIP, but is to be classified under one of the other building types.
DRY PROOFING: A floodproofing method used to design and construct buildings so as to prevent the entrance of floodwaters.
ELEVATED BUILDING: A nonbasement building that has its lowest elevated floor raised above the ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ELEVATION CERTIFICATE: The elevation certificate is required in order to properly rate post-FIRM buildings, which are buildings constructed after publication of the flood insurance rate map (FIRM), for flood insurance zones A1-A30, AE, AH, A (with BFE), VE, V1-V30, V (with BFE), AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. The elevation certificate is not required for pre-FIRM buildings unless the building is being rated under the optional post-FIRM flood insurance rules. This certificate is used only for building elevations. A separate certificate is required for floodproofing.
EMERGENCY PROGRAM: Typically the first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates to all insurable structures in that community before the effective date of the initial flood insurance rate map (FIRM).
ENCLOSURE: That portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by rigid walls.
ENCROACHMENT: The advance or infringement of uses, plant growth, excavation, fill, buildings, permanent structures or development, storage of equipment and materials, or any other physical object placed in the floodplain, that hinders the passage of water or otherwise affects flood flows.
EROSION: The process of the gradual wearing away of any landmass. This peril is not per se covered under the program (see definition of Flood Related Erosion).
EXISTING MANUFACTURED HOME (MOBILE 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 a community.
EXPANSION TO A MANUFACTURED HOME (MOBILE HOME) PARK: 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, construction of streets, and either final site grading or the pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The federal agency under which the national flood insurance program (NFIP) is administered.
FEDERAL INSURANCE ADMINISTRATION (FIA): The government unit, a part of the federal emergency management agency (FEMA), that administers the national flood insurance program (NFIP).
FEDERAL REGISTER: A document published daily by the federal government that provides a uniform system for making available to the public regulations and legal notices issued by federal agencies.
FLASH FLOOD: A flood that crests in a short length of time and is often characterized by high velocity flows. It is often the result of heavy rainfall in a localized area.
FLOOD BOUNDARY AND FLOODWAY MAP: Floodplain management map issued by FEMA that shows, based on detailed and approximate analyses, the boundaries of the 100-year and 500-year floodplains and the 100-year floodway.
FLOOD CONTROL: Keeping floodwaters away from specific developments or populated areas, areas by the construction of flood storage reservoirs, channel alterations, dikes and levees, bypass channels, or other engineering works.
FLOOD, FLOODING OR FLOODWATERS: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of floodwaters; the unusual and rapid accumulation or runoff of surface waters from any source and mudslides (i.e., mudflows) and the condition resulting from flood related erosion.
FLOOD FREQUENCY: A statistical expression of the average time period between floods equaling or exceeding a given magnitude.
FLOOD HAZARD BOUNDARY MAP (FHBM): An official map of a community, issued by the administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as zones A, M, and/or E.
FLOOD INSURANCE RATE MAP (FIRM): Official map on which the federal emergency management agency or federal insurance administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE RISK ZONE DESIGNATIONS: The zone designations indicate the magnitude of the flood hazard in specific areas of a community.
Zone A: Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.
Zone AH: Special flood hazard areas inundated by the 100-year flood; flood depths of one to three feet (3') (usually areas of ponding); base flood elevations are determined.
Zone AO: Special flood hazard areas inundated by the 100-year flood; with flood depths of one to three feet (3') (usually sheet flow on sloping terrain); average depths are determined. For areas of alluvial fan flooding, velocities are also determined.
Zone AR: Special flood hazard areas that result from the decertification of a previously accredited flood protection system that is in the process of being restored to provide a 100-year or greater level of flood protection.
Zone A1-30 And Zone AE: Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.
Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a federal flood protection system under construction; no base flood elevations are determined.
Zone B And Zone X (Shaded): Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than one foot (1') or with contributing drainage area less than one square mile; and areas protected by levees from the base flood.
Zone C And Zone X (Unshaded): Areas determined to be outside the 500-year floodplain.
Zone D: Areas in which flood hazards are undetermined.
Zone E: Area of special flood related erosion hazards.
Zone M: Area of special mudslide or mudflow hazards.
Zone V: Special flood hazard areas inundated by the 100-year flood; coastal floods with velocity hazards (wave action); no base flood elevations are determined.
Zones AR/A1-30, AR/AE, AR/AH, AR/AO, And AR/A: Special flood hazard areas that result from the decertification of a previously accredited flood protection system that is in the process of being restored to provide a 100-year or greater level of flood protection. After restoration is complete, these areas will still experience residual flooding from other flooding sources.
Zones V1-30 And Zone VE: Special flood hazard areas inundated by the 100-year flood; coastal floods with velocity hazards (wave action); base flood elevations are determined.
FLOOD INSURANCE STUDY (FIS): The official report provided by the federal insurance administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map and the water surface elevation of the base flood.
FLOOD RELATED EROSION: The collapse or subsidence of land along a stream or wash, 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 an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
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.
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 wind driven currents, is likely to suffer flood related erosion damage.
FLOODPLAIN ADMINISTRATOR: The city engineer and/or the building inspector are herewith given specific authority and responsibilities to enforce the floodplain management regulations. The floodplain administrator must be capable of interpreting this chapter and have access to necessary technical competence.
FLOODPLAIN AND FLOOD PRONE AREA: Any land area susceptible to being inundated by waters from any source (see definition of Flood, Flooding Or Floodwaters).
FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works and floodplain management plans, regulations and ordinances.
FLOODPLAIN MANAGEMENT REGULATIONS: This chapter, and any federal, state or local regulations plus community zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power which control development in flood prone areas to prevent and reduce flood loss and damage.
FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved property, water and sanitary facilities, structures and their contents (refer to FEMA technical bulletins TB 1-93, TB 8-93 and TB 7-93 for guidelines on dry and wet floodproofing).
FLOODWAY: The channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. Also referred to as a "regulatory floodway". This term is defined in the national flood insurance act.
FLOODWAY ENCROACHMENT LINES: The lines marking the limits of floodways on federal, state and local floodplain maps.
FLOODWAY FRINGE: The area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.
FOOTING: The enlarged base of a foundation wall, pier, or column, designed to spread the load of the structure so that it does not exceed the soil bearing capacity.
FOUNDATION: The underlying structure of a building usually constructed of concrete that supports the foundation walls, piers, or columns.
FOUNDATION WALLS: A support structure that connects the foundation to the main portion of the building or superstructure.
FRAUD/VICTIMIZATION: Related to variances of this chapter, the variance granted must not cause fraud on or victimization to the public. In examining this requirement, the Ely city council will consider the fact that every newly constructed building adds to government responsibilities, and remains a part of the community for fifty (50) to one hundred (100) years. Buildings permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. Additionally, future owners may be unaware of the risk potential to the property due to flood damage and the extremely high rates for flood insurance.
FREEBOARD: A margin 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 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 marina facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and boat building and boat repair facilities, but does not include long term storage or related manufacturing facilities.
GOVERNING BODY: The city of Ely through the Ely city council, that is empowered to adopt and implement regulations to provide for public health, safety and general welfare of its citizenry.
HARDSHIP: Related to variances of this chapter. The exceptional hardship would result from a failure to grant the requested variance. The local governing body requires the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE: The highest natural elevation of 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 the 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 in states with historic preservation programs which have been approved by the secretary of the interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the secretary of the interior or directly by the secretary of the interior in states without approved programs.
HYDRAULICS: The science that deals with practical applications of water in motion.
HYDRODYNAMIC LOADS: Forces imposed on structures by floodwaters due to the impact of moving water on the upstream side of the structure, drag along its sides, and eddies or negative pressures on its downstream side.
HYDROGRAPH: A graph that charts water movement as a function of time. It shows flood stages, depicted in feet above mean sea level or gage height, plotted against stated time intervals.
HYDROLOGY: The science of the behavior of water in the atmosphere, on the earth's surface and underground.
HYDROSTATIC LOADS: Forces imposed on a flooded structure due to the weight of the water.
LETTER OF MAP AMENDMENT (LOMA): The procedure by which any owner or lessee of property who believes his property has been inadvertently included in a special flood hazard area can submit scientific and technical information to the federal insurance administrator for review to remove the property from said area. The administrator will not consider a LOMA if the information submitted is based on alteration of topography or new hydrologic or hydraulic conditions since the effective date of the FIRM.
LETTERS OF MAP REVISION (BASED ON FILL) (LOMR-F): A letter from FEMA stating that an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood.
LETTERS OF MAP REVISION (LOMR): An official revision to a currently effective FIRM. An LOMR officially changes flood zone, floodplain and floodway designations, flood elevations and planimetric features. All requests for LOMRs are made to FEMA through the chief executive officer of the community, since the community must adopt any changes and revisions to the map.
LEVEE: A manmade 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: 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 accord 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 the enclosure does not violate applicable nonelevation design requirements.
LOWEST FLOOR ELEVATION (LFE): The measured distance of a building's lowest floor above the national geodetic vertical datum (NGVD) or other datum specified on the FIRM for that location.
MANUFACTURED HOME (MOBILE 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 attached to the required utilities. The term "manufactured home" does not include "recreational vehicles".
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale.
MARKET VALUE: For the purposes of determining substantial improvement, market value pertains only to the structure in question. It does not pertain to the land, landscaping or detached accessory structures on the property. For determining improvement, the value of the land must always be subtracted.
Acceptable estimates of market value can be obtained from the following sources:
A. Independent appraisals by a professional appraiser.
B. Detailed estimates of the structure's actual cash value (used as a substitute for market value based on the preference of the community).
C. Property appraisals used for tax assessment purposes (adjusted assessed value: Used as a screening tool).
D. The value of buildings taken from NFIP claims data (used as a screening tool).
E. "Qualified estimates" based on sound professional judgment made by staff of the local building department or local or state tax assessor's office.
As indicated above, some market value estimates should only be used as screening tools to identify those structures where the substantial improvement ratios are obviously less than or greater than fifty percent (50%) (e.g., less than 40 percent or greater than 60 percent). For structures that fall between the forty percent (40%) and sixty percent (60%) range, more precise market value estimates should be used.
MEAN SEA LEVEL: For the purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.
MOBILE HOME: See definition of Manufactured Home (Mobile Home).
MODULAR BUILDING: A building that is usually transported to its site on a steel frame or special trailer because it does not have a permanent chassis like a manufactured (mobile) home. A modular building is classified and rated under one of the other building types.
MUDSLIDE (i.e., MUDFLOW): A condition where there is a river, flow or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover, and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain. A mudslide may occur as a distinct phenomenon while a landslide is in progress, and will be recognized as such by the federal insurance administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.
MUDSLIDE (i.e., MUDFLOW) AREA MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing mudslide (i.e., mudflow) damage, including, but not limited to, emergency preparedness plans, mudslide control works, and floodplain management regulations.
MUDSLIDE PRONE AREA: An area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflows.
NATIONAL GEODETIC VERTICAL DATUM (NGVD): As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.
NATURAL GRADE: The grade unaffected by construction techniques such as fill, landscaping, or berming.
NEW CONSTRUCTION: Buildings for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, including any subsequent improvements.
NEW MANUFACTURED HOME (MOBILE HOME) 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 these floodplain management regulations adopted by the Ely city council.
NONRESIDENTIAL: Includes, but is not limited to: small business concerns, churches, schools, farm buildings (including grain bins and silos), poolhouses, clubhouses, recreational buildings, mercantile structures, agricultural and industrial structures, warehouses, and hotels or motels with normal room rentals for less than six (6) months' duration.
OBSTRUCTION: Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or, due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
100-YEAR FLOOD: See definition of Base Flood.
OTHER RESIDENTIAL: Hotels or motels where the normal occupancy of a guest is six (6) months or more; a tourist home or rooming house which has more than four (4) roomers. A residential building (excluding hotels and motels with normal room rentals for less than 6 months' duration and containing more than 4 dwelling units) is permitted incidental office, professional private school, or studio occupancy, provided that the total area of such occupancy is limited to less than twenty five percent (25%) of the total floor area within the building.
PHYSICAL MAP REVISIONS (PMR): A reprinted NFIP map incorporating changes to floodplains, floodways, or flood elevations. Because of the time and cost involved to change, reprint, and redistribute an NFIP map, a PMR is usually processed when a revision reflects large scope changes.
PONDING HAZARD: A flood hazard that occurs in float areas when there are depressions in the ground that collect "ponds" of water. The ponding hazard is represented by the zone designation AH on the FIRM.
POST-FIRM CONSTRUCTION: Construction or substantial improvement that started on or after the effective date of the initial flood insurance rate map (FIRM) of the community or after December 31, 1974, whichever is later.
PRE-FIRM CONSTRUCTION: Construction or substantial improvement which started on or before December 31, 1974, or before the effective date of the initial flood insurance rate map (FIRM) of the community, whichever is later.
PRINCIPAL RESIDENCE: A single-family dwelling in which at the time of loss, the named insured or the named insured's spouse has lived for either: a) eighty percent (80%) of the calendar year, or b) eighty percent (80%) of the period of ownership, if less than one year.
PRINCIPAL STRUCTURE: A structure used for the principal use of the property as distinguished from an accessory use.
PROPER OPENINGS ENCLOSURES (APPLICABLE TO ZONES A, A1-A30, AE, AO, AH, AR, AND AR DUAL ZONES): All enclosures below the lowest floor must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. A minimum of two (2) openings, with positioning on at least two (2) walls, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding must be provided. The bottom of all openings must be no higher than one foot (1') above grade.
PUBLIC SAFETY/NUISANCE: Related to variances of this chapter. The granting of a variance must not result in anything which is injurious to safety or health of the entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE: A vehicle built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REPLACEMENT COST: The cost to replace property with the same kind of material and construction without deduction for depreciation.
RESIDENTIAL CONDOMINIUM BUILDING: A building owned by the members of a condominium association containing one or more residential units and in which at least seventy five percent (75%) of the floor area within the building is residential.
RESIDENTIAL CONDOMINIUM BUILDING POLICY (RCBP): A policy designed to insure, under one master policy, the entire residential condominium building, including all units within the building. It is available only to residential condominium associations.
RIVERINE: Relating to, formed by, or resembling a river including tributaries, streams, brooks, etc.
SHEET FLOW AREA: See definition of Area Of Shallow Flooding.
SPECIAL FLOOD HAZARD AREA (SFHA): Darkly shaded area on a flood hazard boundary map (FHBM) or a flood insurance rate map (FIRM) that identifies an area that has a one percent (1%) chance of being flooded in any given year (100-year floodplain). Over a thirty (30) year period, the life of most mortgages, there is at least a twenty six percent (26%) chance that this area will be flooded. The FIRM identifies these shaded areas as FIRM zones A, AO, AH, A1-A30, AE, A99, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V, V1-V30, and VE.
START OF CONSTRUCTION: Includes substantial improvement and other proposed new development 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 one hundred eighty (180) days from the date of the permit. 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 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.
STRUCTURE: A walled and roofed building that is principally aboveground and includes gas or liquid storage tank and manufactured homes.
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 fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent (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. This term does not, however, include either:
A. 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, or
B. 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 chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
VIOLATION: The failure of a structure or other development to be fully compliant with this chapter. A structure or other development in a special flood hazard area, without an elevation certificate, other certifications 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: 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.
WATERCOURSE: A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
ZONE: A geographical area shown on a flood hazard boundary map or a flood insurance rate map that reflects the severity or type of flooding in the area. (Ord. 624, 2-14-2008)
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