Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage, and to give this chapter its most reasonable application.
ACCESSORY STRUCTURE, LOW COST AND SMALL. A structure that is on the same property as the principal structure.
ACCESSORY USE. A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
APPEAL. A request for a review of the Floodplain Administrator’s interpretation of any provision of this chapter, or a request for a variance.
AREA OF SHALLOW FLOODING. A designated AO or AH Zone on a community’s Flood Insurance Rate Map (FIRM), with a 1% or greater annual chance of flooding to an average depth of one to three feet 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 1% or greater chance of flooding in any given year. These areas are designated as Zone A, AO, AE, AO, AH, and Al-30 on the FIRM, and other areas determined by the criteria adopted by the Director of the Arizona Department of Water Resources. (See SPECIAL FLOOD HAZARD AREA.)
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year (also called the “100-year flood”).
BASE FLOOD ELEVATION (BFE). The elevation shown on the Flood Insurance Rate Map for Zones AE, AH, Al -30 that indicates the water surface elevation, or the computed elevation to which flood water is anticipated to rise, resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
BASEMENT. Any area of the building having its floor sub-grade (below ground level) on all sides.
BUILDING. See STRUCTURE.
COMMUNITY. Any state or area, or political subdivision thereof, or any Indian tribe or authorized tribal organization, or authorized native organization which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
CUMULATIVE SUBSTANTIAL DAMAGE. The total of all repairs to a repetitive-loss structure shall not cumulatively increase the market value of the structure by more than 49% during the life of the structure. This 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 repair of flood damage to a “historic structure”, provided the repair will not preclude the structure’s continued designation as a “historic structure”.
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, and storage of materials and equipment.
ELEVATION CERTIFICATE. A certificate prepared by a registered land surveyor that provides information concerning the lowest floor elevation or service equipment of a structure in a special flood hazard area.
ENCROACHMENT. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of flood waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) 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 herein.
FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS). The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOOD PROTECTION SYSTEM. Those physical, structural works for which funds have been authorized, appropriated and expended, and which have been constructed specifically to modify flooding, in order to reduce the extent of the area within a community subject to a “special flood hazard”, and the extent of the depths of associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards.
FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source (see FLOOD or FLOODING).
FLOODPLAIN ADMINISTRATOR. The town official appointed to administer and enforce the floodplain management regulations.
FLOODPLAIN BOARD. The Common Council of the Town of Payson at such times as they are engaged in the enforcement of this chapter. (“Floodplain Board” as defined in A.R.S. § 48-3610 for cities and towns.)
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures, and preserving and enhancing, where possible, natural resources in the floodplain, for reducing flood damage, including but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
FLOODPLAIN MANAGEMENT REGULATIONS. This chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power which control development in flood-prone areas. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
FLOODPROOFING. Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate 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.” (“Floodway” is defined in A.R.S. § 48-3601 and “regulatory floodway” is defined in 44 CFR Ch. 1 § 59.1.)
FREEBOARD. A factor of safety, usually expressed in feet above a flood level, for purposes of floodplain management. FREEBOARD tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
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 and port facilities necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
GOVERNING BODY. The Mayor and Common Council of the Town of Payson, Arizona, which is the local governing unit empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
HARDSHIP. The exceptional hardship that would result from a failure to grant the requested variance. The governing body requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
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 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.
(3) 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
(4) 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 (see 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 it is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. (This definition is from 44 CFR Ch. 1 § 59.1)
MANUFACTURED HOME. A structure, transportable in one or more sections, built on a permanent chassis and 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” (see RECREATIONAL VEHICLE).
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
MARKET VALUE. Defined in the substantial damage and substantial improvement procedures.
MEAN SEA LEVEL. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION. For the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, NEW CONSTRUCTION means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community, and includes any subsequent improvements to such structures.
OBSTRUCTION. Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
ONE HUNDRED YEAR FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year (see BASE FLOOD).
PERSON. An individual or the individual’s agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions. (“Person” is defined in A.R.S. § 48-3601.)
RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred 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 a temporary living quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOOD ELEVATION (BFE). An elevation one foot above the base flood elevation for a watercourse for which the base flood elevation has been determined, and shall be as determined by the criteria developed by the Director of the Arizona Department of Water Resources for all other watercourses.
REGULATORY 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. (“Regulatory floodway” is defined in A.R.S. § 48-3601.)
SHEET FLOW AREA. (See AREA OF SHALLOW FLOODING.)
SPECIAL FLOOD HAZARD AREA (SFHA). An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on a FHBM or FIRM as Zone A, AO, A1-30, AE, A99 or AH.
START OF CONSTRUCTION. Includes substantial improvement and other proposed new development, 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 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 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 the building. (“Start of construction” is defined in 44 CFR Ch. 1 § 59.1.)
STRUCTURE. A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
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 (see CUMULATIVE SUBSTANTIAL DAMAGE).
SUBSTANTIAL IMPROVEMENT. 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 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”. (“Substantial improvement” is defined in 44 CFR Ch. 1 § 59.1. It also meets the standards in A.R.S. § 48-3609.)
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.
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. (See Section 3.3.6.2 of Handbook for Arizona Communities on Floodplain Management for further information regarding violations.)
WATER SURFACE ELEVATION. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum (NAVD) of 1988, or other datum where specified, of floods of various magnitudes and frequencies in the floodplains of riverine areas.
WATERCOURSE. A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.
(Res. 1579, passed 1-10-02; Am. Ord. 759, passed 4-2-09; Am. Res. 2477, passed 4-2-09; Am. Ord. 889, passed 5-18-17; Am. Res. 3024, passed 5-18-17)