1450.07  DEFINITIONS.
   As used in this chapter, words and phrases shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. In addition:
   (a)   "Accessory structure" means a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
   (b)   "Appeal" means a request for a review of the Zoning Commissioner's interpretation of any provision of this chapter or a request for a variance.
   (c)   "Area of special flood hazard" means the land in the flood plain in the City subject to a one percent or greater chance of flooding in any given year.
   (d)   "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. The base flood may also be referred to as the 100-year flood.
   (e)   "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
   (f)   "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, and mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
   (g)   "Federal Emergency Management Agency" (FEMA) means the agency with the overall responsibility for administering the National Flood Insurance Program.
   (h)   "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
      (1)   The overflow of inland or tidal water; and/or
      (2)   The unusual and rapid accumulation or run-off of surface waters from any source.
   (i)   "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard.
   (j)   "Flood Insurance Study" means the official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries and the water surface elevation of the base flood.
   (k)   "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
   (l)   "Historic Structure" Any structure that is:
      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily 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 registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
      (3)   Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.
      (4)   Individually listed on the inventory of historic places maintained by the City of Geneva's historic preservation program, which program is certified by the Ohio Historic Preservation Office.
   (m)   "Lowest floor" means the lowest floor of the lowest enclosed area, including the 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.
   (n)   "Manufactured home" means a structure that is transportable in one or more sections, built on a permanent chassis and designed for use with or without a permanent foundation when connected to the required utilities. It includes park trailers, travel trailers and similar vehicles placed on a site for more than 180 consecutive days.
   (o)   "Manufactured home park or subdivision" means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale. This definition shall exclude any manufactured home park as defined in Ohio R.C. 3733.01 over which the Public Health Council has exclusive rule making power.
   (p)   "New construction" means structures for which the "start of construction" commenced on or after the initial effective date of the City of Geneva Flood Insurance Rate Map, February 1, 1980, and includes any subsequent improvements to such structures.
   (q)   "Recreational vehicle" means a vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be self- propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
   (r)   "Start of construction" means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, 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 slabs or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; the erection of temporary forms; or 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.
   (s)   "Structure" means a walled and roofed building, manufactured home or gas or liquid storage tank that is principally above ground.
   (t)   "Substantial Damage" means 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.
   (u)   "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:
      (1)   Any improvement to a structure that is considered "new construction,"
      (2)   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 prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
      (3)   Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure".
   (v)   "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
   (w)   "Violation" means the failure of a structure or other development to be fully compliant with these regulations.
(Ord. 2147.  Passed 3-30-87; Ord. 2957.  Passed 12-10-07.)