For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE. A USE or STRUCTURE on the same lot with, and of a nature customarily incidental and subordinate to, the Principal Use or Structure.
BASE FLOOD. The Flood having a one-percent chance of being equaled or exceeded in any given year. "Base Flood" is synonymous with the term "regional Flood" used in Minnesota Rules, part 6120.5000.
BASE FLOOD ELEVATION (BFE). The elevation of the base Flood, regional Flood, or one-percent annual chance Flood. The term "Base Flood Elevation" is used in the Flood insurance study.
BASEMENT. Any area of a Structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
BUILDING. See Structure.
CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct flowing water either continuously or periodically.
CONDITIONAL USE. A specific type of Structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:
(1) Certain conditions as detailed in the zoning ordinance exist; and
(2) The Structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.
CRITICAL FACILITIES. Buildings and Structures that contain essential facilities and services necessary for emergency response and recovery, or that pose a substantial risk to the public in the event of failure, disruption of function, or damage by Flooding. Specifically, this includes facilities identified as Flood Design Class 4 in ASCE 24-14, Flood Resistant Design and Construction, as amended. Examples include health care facilities, facilities required for emergency response, power generating stations, communications towers, or electrical substations.
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.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of Floodway boundaries so that Floodplain lands on both sides of a stream are capable of conveying a proportionate share of Flood flows.
FEMA. Federal Emergency Management Agency.
FARM FENCE. An open type of fence of posts and horizontally run wire, further specified in Minnesota Statutes, section 344.02, Subd. 1(a-d).
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The FREQUENCY for which it is expected that a specific Flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE. That portion of the Floodplain outside of the Floodway. FLOOD FRINGE is synonymous with the term FLOODWAY FRINGE used in the Flood insurance study for the county and incorporated areas.
FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Insurance Administrator has delineated both the special Flood hazard areas 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 study referenced in Section 3.2, which is an examination, evaluation and determination of Flood hazards, and if appropriate, corresponding surface elevations, or an examination, evaluation, and determination of mudslide (i.e. mudflow) and/or Flood-related erosion hazards.
FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional Flood.
GENERAL FLOODPLAIN. Those Floodplains designated on the Flood Insurance Rate Maps referenced in Section 3.2, but that do not have a delineated Floodway.
LIGHT DUTY TRUCK. Any motor vehicle that has all three of the following:
A. 8,500 pounds Gross Vehicle Weight Rating or less;
B. vehicle curb weight of 6,000 pounds or less; and
C. basic vehicle frontal area less than 45 square feet.
FLOODPROOFING. A combination of structural provisions, changes or adjustments to properties and Structures subject to Flooding, primarily for the reduction or elimination of Flood damages.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining Floodplain which are reasonably required to carry or store the regional Flood discharge.
LOWEST FLOOR. The LOWEST FLOOR of the lowest enclosed area (including Basement). An unfinished or Flood resistant enclosure, used 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.
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 attached to the required utilities. The term MANUFACTURED HOME does not include the term "Recreational Vehicle".
NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of an adopted Floodplain management regulation, and includes any subsequent improvements to such Structures.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, Structure or matter in, along, across or projecting into any channel, watercourse or regulatory Floodplain which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
PRINCIPAL USE OR STRUCTURE. All USES or STRUCTURES that are not Accessory Uses or Structures.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or human-made Obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a REACH.
RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. For the purposes of this chapter, the term RECREATIONAL VEHICLE shall be synonymous with the term "Travel Trailer/Travel Vehicle".
REGIONAL FLOOD. A Flood which is representative of large Floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average Frequency in the magnitude of the 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term base Flood used in a Flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION. An ELEVATION no lower than one foot above the ELEVATION of the regional Flood plus any increases in FLOOD ELEVATION caused by encroachments on the Floodplain that result from designation of a Floodway.
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 on the average equals or exceeds 25% of the market value of the Structure before the damage occurred.
STAGE INCREASE. Any increase in the water surface elevation during the one percent annual chance Flood caused by encroachments on the Floodplain.
START OF CONSTRUCTION. Includes Substantial Improvement, and means the date the 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 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, 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. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, Manufactured Homes, Recreational Vehicles not meeting the exemption criteria specified in § 152.45(B)(1) and other similar items.
SUBDIVISION. Land that has been divided for the purpose of sale, rent, or lease, including planned unit developments.
SUBSTANTIAL DAMAGE. DAMAGE of any origin sustained by a Structure where 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. Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, 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 that 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 an historic Structure, provided that the alteration will not preclude the Structure's continued designation as an historic Structure. For the purpose of this chapter, historic Structure shall be as defined in 44 C.F.R. part 59.1.
VARIANCE. A modification of a specific permitted development standard required in an official control including this chapter to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a city's respective planning and zoning enabling legislation.
Watercourse. A channel in which a flow of water occurs either continuously or intermittently in a definitive direction. The term applies to either natural or artificially constructed channels.