1351.02 DEFINITIONS.

   (a)   Unless specifically defined in this section, 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 the provisions of this chapter the most reasonable application.

      (1)    Accessory structure. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.

      (2)    Addition. An extension to, or any increase in, or attachment to, any floor area or height of a building or structure.

      (3)    Addition, 2nd floor. An increase in any floor area, which is accomplished by- placement on, attachment to, or over a building or structure.

      (4)    Administrator (also Floodplain Administrator). The person authorized pursuant to Section 1351.03(a), to enforce these Flood Damage Reduction regulations.

      (5)    Appeal. A request for review of the Floodplain Administrator's interpretation of any provision of this chapter, or a request for a variance.

      (6)    Area of special flood hazard. The land in the floodplain subject to a 1% or greater chance of flooding in any given year. Areas of special flood hazard are designated by the Federal Emergency Management Agency [FEMA] study, and are pursuant to adopted maps as Zones A, AH, AO, and A1-30.

      (7)    Base flood. The flood having a 1% chance of being equaled or exceeded in any given year. The base flood is also referred to as the 1% chance annual flood or 100-year flood.

      (8)    Base (100-year) flood elevation [BFE]. The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929, or the North American Vertical Datum of 1988; and usually expressed in Feet Mean Sea Level [MSL]. In Zone AO areas, the base flood elevation is the natural grade elevation, plus the depth number [from 1' to 3'].

      (9)    Basement. Any area of the building having its floor subgrade below ground level on all sides, meaning that nothing is exposed. This definition, however, applies to "walk-out" basements. In general, a basement has greater than 4 feet distance between floor joists and interior grade. Also referred to as "cellar".

      (10)    Below-grade crawl space. Please refer to the following illustration and definition at subsection (13) hereof. The area is intended for storage but not habitable space.

 

Figure 1: Preferred crawlspace construction.

      (11)    Building. A type of structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter or enclosure of persons, animals, chattels, or personal property of any kind.

      (12)    Certificate of Elevation. A document generated by a registered Ohio Professional Engineer or Ohio Registered Professional Surveyor, which document records actual elevations in relation to the mean sea level [MSL] of all new construction or substantially improved structures, and includes: lowest floor elevation; 1st floor elevation; lowest adjacent grade; and other elements specified within the Certificate.

      (13)    Crawl space. A shallow space, no greater or no more than 4 feet below the lowest adjacent grade, which is below the living quarters of a house or any office or commercial space, normally enclosed by the foundation wall, and having a dirt or gravel floor.

      (14)    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.

      (15)    Development permit. A permit that is granted or denied for a proposed development of property and buildings or structures located in special flood hazard areas or otherwise as regulated by this chapter.

      (16)    Dwelling. Any building or portion of a building that is occupied, in whole or in part, as a residence or sleeping place of one or more persons.

      (17)    Enclosure below the lowest floor. See, "lowest floor".

      (18)    Federal Emergency Management Agency [FEMA]. The agency having overall responsibility for administering the National Flood Insurance Program.

      (19)    Fill. A deposit of earth material placed by artificial means.

      (20)    Fill, placed (random). The placement of any material or objects, including but not limited to earth, sand, stone, or asphalt, that tend to diminish the flood storage capacity.

      (21)    Fill, controlled. The placement of earth, soil, sand, stone, and asphalt and landscape material that does not tend to diminish the flood storage capacity, and is placed pursuant to the City Engineering Department standards. A flood development permit is required for this type of fill.

      (22)    First floor area. The area of a building or structure that is within the exterior foundation walls at the existing or proposed site, including the attached garage floor area, if any. The first floor area is commonly referred to as the "footprint" of the building or structure. This definition excludes basement and crawl space.

      (23)    Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters, and/or the unusual and rapid accumulation or runoff of surface waters from any source.

      (24)    Flood Development Permit. See "development permit".

      (25)    Flood Hazard Boundary Map [FHBM]. Usually the initial map, produced by the Federal Emergency Management Agency [FEMA], or U.S. Department of Housing and Urban Development [HUD], for a community, depicting approximate special flood hazard areas.

      (26)    Flood Insurance Rate Map [FIRM]. An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.

      (27)    Flood Insurance Risk Zones. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. These definitions comprise the "floodplain".

         The following are Zone definitions:

         A.   Zone A. Special flood hazard areas inundated by the 100-year flood. Base flood elevations [BFEs] are not determined.

         B.   Zones A1-30 and Zone AE. Special flood hazard areas inundated by the 100-year flood. Base flood elevations are determined.

         C.   Zone AO. Special flood hazard areas inundated by the 100-year flood, with flood depths of 1' to 3' [usually sheet flow on sloping terrain]. Average depths are determined.

         D.   Zone AH. Special flood hazard areas inundated by the 100-year flood, with flood depths of 1' to 3' [usually areas of ponding]. Base flood elevations are determined.

         E.   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.

         F.   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, or with contributing drainage area less than one square mile; and areas protected by levees from the base flood.

         G.   Zone C and Zone X [unshaded]. Areas determined to be outside the 500-year floodplain.

      (28)    Flood Insurance Study [FIS]. The official report in which the Federal Emergency Management Agency of the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries [sometimes shown on Flood Boundary and Floodway Maps], and the water surface elevations of the base flood.

      (29)    Floodproofing. Any combination of structural and nonstructural additions or changes to a building or structure, when such changes are designed by a registered Architect or Registered Professional Engineer to eliminate flood damage in structures, other than for residential uses.

      (30)    Floodway. A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydrologic and hydraulic engineering analysis, such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community. The floodway is an extremely hazardous area, and is usually characterized by any of the following: moderate to high velocity floodwaters; high potential for debris and projectile impacts; and moderate to high erosion forces.

      (31)    Historic structure. Any structure that is:

         A.   Listed individually in the National Register of Historic Places [a listing maintained by the U.S. Department of the Interior], or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings 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 of the Interior to qualify as a registered historic district; or

         C.   Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation office.
(Ord. 2006-067. Passed 9-5-06.)

      (31.1)   Host Community. A community that participates in the NFIP that has structures located within the SFHA which have sustained damage from a natural disaster or other calamity and is in need of assistance from a Mutual Aid Floodplain Administrator.
(Ord. 2009-106. Passed 12-1-09.)

      (32)    Hydrologic and hydraulic engineering analysis. An analysis performed by a Professional Engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.

      (33)    Letter of Map Change [LOMC]. A Letter of Map Change is an official FEMA determination, by letter, to amend or to revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are separated into the following categories:

         A.   Letter of Map Amendment [LOMA]. A revision based on technical data, showing that a parcel of real property was incorrectly included within a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map, and establishes that a specific parcel of real property is not located in a special flood hazard area.

         B.   Letter of Map Revision [LOMR]. A revision based on technical data that, usually due to manmade changes, indicates changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination indicating whether a structure or parcel of real property has been elevated by fill above the base flood elevations, and is, therefore, excluded from the special flood hazard area.

         C.   Conditional Letter of Map Revision [CLOMR]. A formal review and comment by FEMA regarding a proposed project and whether it complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.

      (34)    Lowest floor. The lowest floor of the lowest enclosed area, including basement, of a structure. This definition excludes an enclosure below the lowest floor, which is an unfinished or flood-resistant enclosure usable solely for parking vehicles, building access, or storage, in an area other than a basement area, provided that such enclosure is built pursuant to the applicable design requirements specified in this chapter for enclosures below the lowest floor.

      (35)    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. The term, "manufactured home," does not include a recreational vehicle. For purposes of this chapter, a manufactured home includes manufactured homes and mobile homes, as defined in Chapter 3733 of the Ohio Revised Code.

      (36)    Manufactured home park. As described at §3701-27-01 of the Ohio Administrative Code, a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation, are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked on the parcel of real estate, if the roadways are dedicated to the City.
(Ord. 2006-067. Passed 9-5-06.)

      (36.1)   Mutual Aid Floodplain Administrator. The person authorized on behalf of a host community, pursuant to this chapter, to enforce these Flood Damage Reduction Regulations.
(Ord. 2009-106. Passed 12-1-09.) 

      (37)    National Flood Insurance Program [NFIP]. The NFIP is a federal program enabling owners of real property in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the federal government that the federal government make flood insurance available within the community as financial protection against flood loss. In return the City agrees to adopt and to enforce floodplain management regulations to reduce future flood risk to all development in special flood hazard areas.

      (38)    New construction. Structures for which the start of construction commenced on or after the initial effective date of the initial City of Findlay Flood Insurance Rate Map, effective December 4, 1984, and includes any subsequent improvements to such structures.

      (39)    Nonresidential use. A term used to describe a building, structure, or any part of a building or structure, that is used other than for occupancy as a dwelling or unit for human habitation.

      (40)    Person. Includes an individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. Agency is further defined at 111.15 of the Ohio Revised Code, and is any governmental entity of the State, and includes but is not limited to any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the General Assembly, the controlling board, the Adjutant General's Department, or any court.

      (41)    Principal building. A building that is constructed for the allowable use of the real property or parcel, pursuant to the Zoning area on which the building is located.

      (42)    Recreational vehicle. Any vehicle that is:

         A.   Built on a single chassis; and

         B.   400 square feet or fewer when measured at the largest horizontal projection; and

         C.   Designed to be self-propelled or permanently towable by a light duty truck; and

         D.   Designed primarily as temporary living quarters for recreational, camping, travel, or seasonal use, and not primarily as a permanent dwelling.

      (43)    Registered Professional Architect. A person registered to engage in the practice of architecture pursuant to §§4703.01 to 4703.19 of the Ohio Revised Code.

      (44)    Registered Professional Engineer. A person registered as a Professional Engineer pursuant to Chapter 4733 of the Ohio Revised Code.

      (45)    Registered Professional Surveyor. A person registered as a Professional Surveyor pursuant to Chapter 4733 of the Ohio Revised Code.

      (46)    Residence. A building, structure, or part of a building or structure that is used for occupancy as a dwelling or other unit for human habitation. Residences that are contained in a mixed-use building shall comply with the first floor elevation requirements described in this ordinance.

      (47)    Special Flood Hazard Area. Also referred to as an Area of Special Flood Hazard, it is the land in the floodplain subject to 1% or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency in Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, and A99. Special flood hazard areas could also refer to areas that are flood-prone and designated from other federal, state, or local sources of data, including, but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood-prone soils associated with a watercourse.

      (48)    Start of construction. 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 on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the state 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 a building.

       (49)    Structure. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.

      (50)    Substantial damage. Damage from any origin that is 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.

      (51)    Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement to 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 that have incurred substantial damage, regardless of the actual repair work performed. This term does not include:

         A.   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified prior to the application for a development permit by the City code enforcement official, and that are the minimum necessary to ensure safe living conditions; or

         B.   Any alteration to a historic structure provided that the alteration does not preclude the structure's designation as a historic structure.

         C.   Any improvement of a structure that is considered "new construction".

      (52)    Variance. Granting relief from the standards of this chapter, consistent with the variance conditions recited at Section 1351.05(d).

      (53)    Violation. The failure of a structure or other development to be fully compliant with this City of Findlay Flood Damage Prevention chapter.

      (54)    Watercourse. A natural or manmade channel through which water flows or is directed. It is the travel pathway of water.

          (Ord. 2006-067. Passed 9-5-06.)