§ 154.01  DEFINITIONS.
   For the purpose of this chapter, the words and phrases shall have the meanings ascribed to them as defined in Chapter 150.03 or as defined herein.  If there is a conflict in the definitions between the two chapters, the definition ascribed in this chapter shall control:
   ACCESSORY STRUCTURE.  A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
   APPEAL.  A request for a review of the city's interpretation of any provision of this chapter or a request for a variance.
   AREA OF SPECIAL FLOOD HAZARD.  The land in the flood plain within a community subject to a 1% or greater chance of flooding in any given year.
   BASE FLOOD.  The flood having a 1% chance of being equaled or exceeded in any given year.  The base flood may also be referred to as the 100-year flood.
   BASEMENT.  Any area of the building having its floor subgrade (below ground level) on all sides.
   CUT, (AN EXCAVATION). The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the materials removed in excavation.
   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.
   DEVELOPMENT PLAN.  Includes, as appropriate, a general development plan, final development plan, or application for zoning permit.
   EROSION. The wearing away of the land surface by the action of wind, water, or gravity.
   EXCAVATION. Any act by which earth, sand, gravel, rock, or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed; the term shall include the conditions resulting therefrom.
   FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA).  The agency with the overall responsibility for administering the National Flood Insurance Program.
   FILL. Any act by which earth, sand, gravel, rock, or any other material is placed, pushed, dumped, pulled, transported, or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make a fill.
   FLOOD or FLOODING.  A general and temporary condition of partial or complete inundation of normally dry land areas from:
      (1)   The overflow of inland waters; and/or
      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.
   FLOOD INSURANCE RATE MAP (FIRM).  An official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard.
   FLOOD INSURANCE STUDY.  The official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries and the water surface elevations of the base flood.
   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 one foot rise.
   GRADING. Any stripping, cutting, filling, stockpiling, or any combination thereof; the term shall include the land in its cut or filled condition.
   HISTORICAL STRUCTURE.  Any structure that is:
      (1)   Designated and listed as a city landmark property as provided in Chapter 150.18;
      (2)   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
      (3)   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;
      (4)   Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
      (5)   Individually listed on a local 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; providing that such enclosure is built in accordance with the applicable design requirements specified in this chapter for enclosures below the 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 connected to the required utilities.  MANUFACTURED HOME does not include a recreational vehicle.
   MANUFACTURED HOME PARK.  A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent.  This definition shall exclude any manufactured home park as defined in R.C. § 3733.01, for which the Public Health Council has exclusive rule-making power.
   MOBILE HOME.  A structure, transportable in one or more section, which is at least eight feet in width and 32 feet in length, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities.
   MULCHING. The application of suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover.
   NATURAL VEGETATION. The ground cover in its original state before any grading, excavation, or filling.
   NEW CONSTRUCTION.  Structures for which the "start of construction" commenced on or after the initial effective date of the city's Flood Insurance Rate Map, and includes any subsequent improvements to such structures.
   PERMANENT VEGETATION. Long term vegetative cover, i.e. bluegrass, tall fescue, crown vetch, etc.
   PLAN.  The water management, erosion or sediment control plan.
   RECREATIONAL VEHICLES.  A vehicle which is built on a single chassis 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
   SEDIMENT.  Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its original site or origin by air, water, or gravity, as a product of erosion.
   SEDIMENT BASIN. A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel silt, or other materials.
   SLOPE. The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
   START OF CONSTRUCTION.  The date the building permit was issued, provided 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 slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation.  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 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 a building.
   SUBDIVISION. The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, or building or lot development.
   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 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 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;
      (2)   Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure; or
      (3)   Any improvement to a structure which is considered new construction.
   SURFACE DRAINAGE PATTERN.  The natural or man-made pattern for the collection and transport of surface storm water across and through a property.  It includes, but is not limited to, swales, watercourses, and surface runoff.
   SURFACE RUNOFF. The natural, unconcentrated runoff of water moving in sheet flow across any given area.
   SWALE. A low-lying stretch of land which gathers or carries surface water runoff.
   TEMPORARY VEGETATION. Short term vegetation cover used to stabilize the soil surface until final grading and installation of permanent vegetation, i.e. oats, rye, or wheat.
   TOPSOIL. Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer.
   VARIANCE.  A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
   WATERCOURSE. A permanent stream, intermittent stream, river, brook, creek, channel, or ditch for water, whether natural or man-made.
(Ord. 13-1988, passed 3-2-88; Am. Ord. 5-1993, passed 2-3-93; Am. Ord. 5-2006, passed 4-5-06)