Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage.
APPEAL: | A request for a review of the interpretation of any provision of this chapter or a request for a variance. |
AREA OF SHALLOW FLOODING: | A designated AO, AH, AR/AO or AR/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 (1) to three (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. |
AREA OF SPECIAL FLOOD HAZARD: | The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR. “Special flood area zone” is synonymous in meaning with hte phrase “area of special flood hazard.” |
BASE FLOOD: | The flood having a one percent (1%) chance of being equaled or exceeded in any given year. |
BASE FLOOD ELEVATION: | The elevation to which floodwater is anticipated to rise during the base flood. |
BASEMENT: | Any area of the building having its floor subgrade (below ground level) on all sides. |
BELOW-GRADE CRAWL SPACE: | Means the enclosed area below the base flood elevation in which the interior grade is not more than two (2) feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not exceed four (4) feet at any point. |
CHAPTER: | This chapter is codified in the Malheur County Code Title 5 Chapter 2. |
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. |
FLOOD or FLOODING: | Means: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from: a) The overflow of inland waters. b) The unusual and rapid accumulation or runoff of surface waters from any source. c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in 1.b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or 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 flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph 1. a) of this definition. |
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 insurance administrator has delineated both the special 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): | See “flood elevation study.” |
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. |
FLOOD PROOFING: | Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. |
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. Also referred to as “regulatory floodway.” |
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, and does not include long term storage or related manufacturing facilities. |
HIGHEST ADJACENT GRADE: | The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. |
HISTORIC STRUCTURE: | Any structure that is: 1. Listed individually in the national register of historic places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the national register; 2. Certified or preliminary determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as registered historic district; 3. Individually listed on a state inventory of 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. |
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 such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. |
MANUFACTURED DWELLING: | A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities. The term “manufactured dwelling” does not include a “recreational vehicle” and is synonymous with “manufactured home.” |
MANUFACTURED DWELLING PARK OR SUBDIVISION: | A parcel (or contiguous parcels) of land divided into two (2) or more manufactured dwelling lots for rent or sale. |
MEAN SEA LEVEL: | For 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. |
NEW CONSTRUCTION: | For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of floodplain management regulation adopted by Malheur County and includes any subsequent improvements to such structures. |
PLANNING DIRECTOR: | The Malheur County planning director who serves as the floodplain administrator. |
RECREATIONAL VEHICLE: | For floodplain management purposes, means a vehicle which is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured from 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 a temporary living quarters for recreational, camping, travel, or seasonal use. |
SPECIAL FLOOD HAZARD AREA (SFHA): | See “area of special flood hazard.” |
START OF CONSTRUCTION: | Includes substantial improvement 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 of 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 installation of a manufactured dwelling 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 foundation 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: | For floodplain management purposes, a walled and roofed building including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured building. |
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 fifty percent (50%) of the market value of the structure before the damage occurred. |
SUBSTANTIAL IMPROVEMENT: | Any repair, reconstruction, rehabilitation, addition, or improvement 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. 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.” |
VARIANCE: | A grant of relief by Malheur County from the terms of flood management regulation. |
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, or other evidence of compliance required in this Chapter is presumed to be in violation until such time as that documentation is provided. (Ord. 54, 3-24-1987; amd. Ord. 147, 4-14-2004; Ord. 219, 11-13-2019) |