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§ 7-304 DEFINITIONS.
   Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application. The following definitions apply only to this article:
   1% ANNUAL CHANCE FLOODPLAIN (also referred to as the BASE FLOOD or 100-YEAR FLOODPLAIN). The land within a community subject to a 1% percent or greater chance of flooding in any given year. These areas are typically designated as a Federal Emergency Management Agency (FEMA) Zone A, AE, AH, or AO on FEMA Flood Insurance Rate Maps FIRM Panels).
   ACCESSORY STRUCTURE. A structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principle structure. For example a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings. National Flood Insurance Program (NFIP) regulation for new construction generally apply to new and substantially improved accessory structures.
   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 and disposition; and unpredictable flow paths.
   APEX. A 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 by the boards or commissions specified herein of the floodplain administrator's interpretation of any provision of this article or a request for a variance.
   APPURTENANT STRUCTURE. A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
   AREA OF FUTURE CONDITIONS FLOOD HAZARD. The land area that would be inundated by the 1% annual chance (100-year) flood based on future conditions hydrology.
   AREA OF SHALLOW FLOODING. A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance 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. Such flooding is characterized by ponding or sheet flow.
   AREA OF SPECIAL FLOOD HAZARD. The land in a floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V on the Flood Hazard Boundary Map (FHBM) or a Flood Insurance Rate Map (FIRM).
   BASE FLOOD. The flood having a 1% percent chance of being equaled or exceeded in any given year; also known as the 100-YEAR FLOOD and 1% ANNUAL CHANCE FLOOD.
   BASE FLOOD DEPTH (BFD). The depth shown on the Flood Insurance Rate Map (FIRM) for Zone AO that indicates the depth of water above the highest adjacent grade resulting from a flood that has a 1% percent chance of equaling or exceeding that level in a given year.
   BASE FLOOD ELEVATION (BFE). The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year. Also called the BASE FLOOD.
   BASEMENT. Any area of the 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.
   CITY or COMMUNITY. The City of Fort Worth, Texas unless the context clearly indicates otherwise.
   CONDITIONAL LETTER OF MAP REVISION (CLOMR). FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA.
   CRITICAL FACILITY. Those buildings and facilities that are essential for the delivery of vital services or protection of a community, especially during or after a disaster. When constructed, these facilities must be protected from flooding to the higher of 2.0 feet above the FEMA 0.2% chance ("500-year") storm or the city 1% chance ("100-year") storm occurring on fully-developed basin conditions. Examples of Critical Facilities include but are not limited to the following:
      (1)   Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or water-reactive materials;
      (2)   Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood;
      (3)   Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after a flood; and
      (4)   Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood.
   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 human-made change in improved and unimproved real estate, including, but not limited to, the construction or alteration of buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials.
   ELEVATED BUILDING. For insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.
   EXISTING CONSTRUCTION. For the purpose of determining rates, structures for which the start of construction" commenced before the effective date of the initial Flood Insurance Rate Map (FIRM) or before January 1, 1975, for FIRMS effective before that date. EXISTING CONSTRUCTION is used interchangeably in this article with the term 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 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 regulation adopted by a community.
   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 or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
      (1)   The overflow of inland or tidal waters; or
      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.
   FLOOD ELEVATION STUDY. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i. e., mudflow) and/ or flood-related erosion hazards.
   FLOOD INSURANCE RATE MAP (FIRM). The official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
   FLOOD INSURANCE STUDY (FIS). The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevations or the base flood, as well as data tables. Also see FLOOD ELEVATION STUDY.
   FLOODPLAIN or FLOODPRONE AREA. Any land area susceptible to being inundated by water from any source (see definition of FLOOD or FLOODING).
   FLOODPLAIN DEVELOPMENT PERMIT (FDP). An authorization issued by the city for any work or development to be performed within areas of the floodplain.
   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.
   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 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.
   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 areas within a community subject to a special flood hazard as described in § 7-301 herein and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes, storm drain systems and detention/ retention systems. These specialized flood modifying works are those constructed to conform to sound engineering standards.
   FLOOD PROOFING. 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. See REGULATORY FLOODWAY.
   FULLY DEVELOPED. For watershed hydrology, all existing developed areas shall reflect current land use or current zoning, whichever yields the greatest runoff. All existing undeveloped areas shall reflect anticipated future land use, by the city's comprehensive plan, or by an approved concept plan, or as defined in the City of Fort Worth Stormwater Management Design Manual.
   FULLY DEVELOPED BASE FLOOD ELEVATION. The elevation that indicates the water surface elevation resulting from the flood based upon Fully Developed hydrology that has a 1% chance of equaling or exceeding that level in any given year.
   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.
   FUTURE CONDITIONS HYDROLOGY. See FULLY DEVELOPED.
   HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
   HISTORIC STRUCTURES. Any structure that is:
      (1)   Listed individually in the National Register of Historic Places (a listing, maintained by the Department of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a register 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 Interior; or
      (4)   Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:
         a.   By an approved state program as determined by the Secretary of the Interior; or
         b.   Directly by the Secretary of the Interior in states without approved programs.
   LEVEE. A human-made 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 IMPACT ZONE. An area within 250 feet of the toe of a levee, levee system component or associated structure, where additional review is required to determine the impacts of the proposed development on the safety or performance of the levee system. Projects with potential levee system impacts must obtain approval from the levee system owner.
   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 and finished garage). 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 not built so as to render the structure in violation of the applicable non- elevation design requirement of 44 C.F.R. Part 60, § 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. The term" manufactured home" does not include a" recreational vehicle".
   MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
   MEAN SEA LEVEL. For purposes of the National Flood Insurance Program, the North American Vertical Datum of 1988 (NAVD) or other datum, to which base flood elevations shown on a community's FIRM are referenced.
   NATIONAL FLOOD INSURANCE PROGRAM REGULATIONS. The regulations set forth for the National Flood Insurance Program in Title 44 of the Code of Federal Regulations.
   NEW CONSTRUCTION. For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM, June 4, 1980, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the city and includes any subsequent improvements to such structures.
   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 floodplain management regulations adopted by the community.
   100-YEAR FLOOD. See BASE FLOOD.
   PERSON. Any individual or group of individuals, firm, partnership, association, corporation, or any other entity including state and local governments and agencies.
   RECREATIONAL VEHICLE. 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 a 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.
   REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, exceeds $1,000 for each.
   RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. in a natural or improved condition.
   SPECIAL FLOOD HAZARD AREA (SFHA). See AREA OF SPECIAL FLOOD HAZARD.
   START OF CONSTRUCTION. For other than new construction or substantial improvements under the Coastal Barriers Resources Act (CRBA), this is the date the building permit was issued, and pertains to substantial improvement to an existing structure as well as construction of a new structure, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvements 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 a 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 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 as part of the main structure. For 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. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, 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 50% of the market value of the structure before the damage occurred.
   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 "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 code specifications which have been identified by the local code 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".
   ULTIMATE DEVELOPMENT. See FULLY DEVELOPED.
   VARIANCE. A grant of relief from the requirements of this article. A variance, therefore, permits construction or development in a manner otherwise prohibited by this article. For full requirements see 44 C.F.R. Part 60, § 60.6 of the National Flood Insurance Program Regulations.
   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 certifications, permits or other evidence of compliance required in said 44 C.F.R. § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) of the National Flood Insurance Program regulations is presumed to be in violation until such time as that documentation is provided.
   WATER SURFACE ELEVATION. The height, in relation to the NAVD of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 18816, §§ 1, 2, passed 9-15-2009; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)