(a) Terms defined in the Florida Building Code. Where terms are not defined in this floodplain management code and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code.
(b) Terms not defined. Where terms are not defined in this floodplain management code or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies.
(c) Unless otherwise expressly stated, the following words and terms will, for the purposes of the floodplain management code in this article, have the meanings shown in this section.
(1) ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
(2) APPEAL. A request for a review of the Floodplain Administrator's interpretation of any provision of this floodplain management code or a request for a variance.
(3) ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.
(4) BASE FLOOD. A flood having a 1% chance of being equaled or exceeded in any given year. This term is also defined in the Florida Building Code, Building, Section 1612.2. The base flood is commonly referred to as the "100-year flood" or the "1-percent-annual chance flood."
(5) BASE FLOOD ELEVATION. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). This term is also defined in the Florida Building Code, Building, Section 1612.2.
(6) BASEMENT. The portion of a building having its floor subgrade (below ground level) on all sides. This term is also defined in the Florida Building Code, Building, Section 1612.2.
(7) COASTAL CONSTRUCTION CONTROL LINE. The line established by the State of Florida pursuant to § 161.053, Fla. Stat., and recorded in the official records of Brevard County, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions.
(8) COASTAL HIGH HAZARD AREA. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. COASTAL HIGH HAZARD AREAS are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. Note: The Florida Building Code, Building, defines and uses the term "flood hazard areas subject to high velocity wave action" and the FBC, Residential, uses the term "coastal high hazard areas."
(9) CRITICAL FACILITY. A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire, and emergency response installations, installations which produce, use, or store hazardous material or hazardous waste. The term includes facilities that are assigned Risk Category III and Risk Category IV pursuant to the Florida Building Code, Building.
(10) DESIGN FLOOD. The flood associated with the greater of the following two areas:
(A) Area with a floodplain subject to a 1% or greater chance of flooding in any year; or
(B) Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.
This term is also defined in the Florida Building Code, Building, Section 1612.2.
(11) DESIGN FLOOD ELEVATION. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation will be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number will be taken as being equal to two feet. This term is also defined in the Florida Building Code, Building, Section 1612.2.
(12) DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.
(13) ENCROACHMENT. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
(14) EXISTING BUILDING and EXISTING STRUCTURE. Any buildings and structures for which the "start of construction" commenced before November 24, 1972. This term is also defined in the Florida Building Code, Building, Section 1612.2.
(15) EXISTING 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 before November 24, 1972.
(16) 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).
(17) FEDERAL EMERGENCY MANAGE-MENT AGENCY (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.
(18) FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land from:
(A) The overflow of inland or tidal waters.
(B) The unusual and rapid accumulation or runoff of surface waters from any source.
This term is also defined in the Florida Building Code, Building, Section 1612.2.
(19) FLOOD DAMAGE-RESISTANT MATERIALS. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. This term is also defined in the Florida Building Code, Building, Section 1612.2.
(20) FLOOD HAZARD AREA. The greater of the following two areas:
(A) The area within a floodplain subject to a 1% or greater chance of flooding in any year.
(B) The area designated as a flood hazard area on the town's flood hazard map, or otherwise legally designated.
This term is also defined in the Florida Building Code, Building, Section 1612.2.
(21) FLOOD INSURANCE RATE MAP (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the town. This term is also defined in the Florida Building Code, Building, Section 1612.2.
(22) FLOOD INSURANCE STUDY (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), and the water surface elevations of the base flood, and supporting technical data. This term is also defined in the Florida Building Code, Building, Section 1612.2.
(23) FLOODPLAIN ADMINISTRATOR. The office or position designated and charged with the administration and enforcement of this floodplain management code (may be referred to as the Floodplain Manager).
(24) FLOODPLAIN DEVELOPMENT PERMIT OR APPROVAL. An official document or certificate issued by the Town, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this floodplain management code.
(25) FLOODWAY. The channel of a river or other riverine 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. This term is also defined in the Florida Building Code, Building, Section 1612.2.
(26) FLOODWAY ENCROACHMENT ANALYSIS. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models.
(27) FLORIDA BUILDING CODE. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas, all as adopted in §§ 4A-20 through 4A-83 of this code.
(28) FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities.
(29) HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.
(30) HISTORIC STRUCTURE. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings.
(31) LETTER OF MAP CHANGE (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
LETTER OF MAP AMENDMENT (LOMA). An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.
LETTER OF MAP REVISION (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
LETTER OF MAP REVISION BASED ON FILL (LOMR-F). A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the Town's floodplain management regulations.
CONDITIONAL LETTER OF MAP REVISION (CLOMR). A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
(32) LIGHT-DUTY TRUCK. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which
has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:
(A) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or
(B) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or
(C) Available with special features enabling off-street or off-highway operation and use.
(33) LOWEST FLOOR. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. This term is also defined in the Florida Building Code, Building, Section 1612.2.
(34) MANUFACTURED HOME. A structure, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral 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 a "recreational vehicle" or "park trailer." This term is also defined in rule 15C-1.0101, Florida Administrative Code.
(35) MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
(36) MARKET VALUE. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this floodplain management code, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser.
(37) NEW CONSTRUCTION. For the purposes of administration of this floodplain management code and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after November 24, 1972, and includes any subsequent improvements to such structures.
(38) 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 November 24, 1972.
(39) PARK TRAILER. A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. This term is also defined in § 320.01, Fla. Stat.
(40) RECREATIONAL VEHICLE. A vehicle, including a park trailer, which is:
(A) Built on a single chassis;
(B) Four hundred square feet or less when measured at the largest horizontal projection;
(C) Designed to be self-propelled or permanently towable by a light-duty truck; and
(D) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
See § 320.01(1)(b), Fla. Stat.
(41) SAND DUNES. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
(42) SPECIAL FLOOD HAZARD AREA. An area in the floodplain subject to a 1% or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. This term is also defined in the Florida Building Code, Building, Section 1612.2.
(43) START OF CONSTRUCTION.
(A) The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance of a permit that permits the start of construction. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, the installation of piles, or the construction of columns.
(B) Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. 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. This term is also defined in the Florida Building Code, Building, Section 1612.2.
(44) SUBSTANTIAL DAMAGE. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50% of the market value of the building or structure before the damage occurred. This term is also defined in the Florida Building Code, Building, Section 1612.2.
(45) SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, taking place during a two-year period, the cumulative cost of which equals or exceeds 50% of the market value of the building or structure before the improvement or repair is started. For each building or structure, the two-year period begins on the date of the first improvement or repair of that building or structure subsequent to October 26, 1988. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
(A) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
(B) Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
This term is also defined in the Florida Building Code, Building, Section 1612.2.
(46) VARIANCE. A grant of relief from the requirements of this floodplain management code, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this floodplain management code or the Florida Building Code.
(47) WATERCOURSE. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.
(Ord. 2014-01, adopted 2-19-14; Am. Ord. 2017-05, adopted 12-20-17)