For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLUVIAL FAN FLOODING. Flooding occurring on the surface of an alluvial fan or similar land form which originated at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
APEX. Point on an alluvial fan or similar land form below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
APPEAL. A request for a review of the City Manager’s interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING. A designated AO, AH, or VO zone on a community’s Flood Insurance Rate Map (F.I.R.M.) with a 1% chance or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. The flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD. The land in the flood plain within a community subject to a 1% or greater chance of flooding any given year. The area maybe designated as Zone A on the Flood Hazard Boundary Map (F.H.B.M.). After detailed rate making has been completed in preparation for publication of the F.I.R.M., Zone A usually is refined into Zones A, AE, AK, AO, Al-99, VO, V1-30, VE, or V.
BASE FLOOD ELEVATION (BFE). The elevation shown on the Flood Insurance Rate Map (F.I.R.M.) and found in the accompanying Flood Insurance Study (F.I.S.) for zones, A, AE, AH, Al-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year. Also called the Base Flood.
BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
CRITICAL FEATURE. An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
DEVELOPMENT. Any manmade change in 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.
ELEVATED BUILDING. A nonbasement building:
(1) Built, in the case of a building in Zones Al-30, AE, A, A99, AO, AK, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones, V1-30, VE, or V to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water; and
(2) Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood in the case of Zones Al-30, AE, A, A99, AO, AK B, C, X, and D, ELEVATED BUILDING also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE or V, ELEVATED BUILDING also includes a building otherwise meeting the definition of ELEVATED BUILDING, even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of 44 C.F.R. § 60.3(e)(5) of the National Flood Insurance Program Regulations.
EXISTING CONSTRUCTION. For the purpose of determining rates, structures for which the "start of construction" commenced before the effective sate of the F.I.R.M. or before 1-1-1975, for F.I.R.M.S. effective before that date. EXISTING CONSTRUCTION may also be referred to as "existing structures."
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 the effective date of the flood plain management regulation adopted by a community.
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).
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation or run-off of surface waters from any source.
FLOOD HAZARD BOUNDARY MAP (F.H.B.M.). An official map of a community, issued by the Federal Insurance Administration, where the areas within the boundaries of special flood hazards have been designated as Zone A.
FLOOD INSURANCE RATE MAP (F.I.R.M.). An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary Floodway Map.
FLOOD PLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source. (See FLOOD or FLOODING)
FLOOD PLAIN MANAGEMENT REGULATIONS. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power. The term describes the state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOOD PROOFING. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminated flood damage to real estate or improved property, water and sanitary facilities, structures, or their contents.
FLOOD PROTECTION SYSTEM. Those physical structural works for which funds have been authorized, appropriated, and expanded 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. The system typically includes hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
FLOODWAY (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.
FUNCTIONALLY INDEPENDENT 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 and passengers and ship building and ship repair facilities, but 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 list maintained by the Department of the 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.
LEVEE. A manmade structure, usually in earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM. A flood protection system which consists of a levee, or levees and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
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 the enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of §60.3 of the National Flood Insurance Program regulations.
MANUFACTURED HOME. A structure, transportable in 1 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. For flood plain management purposes, the term MANUFACTURED HOME also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term MANUFACTURED HOME does not include park trailers, travel trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for rent or sale.
MEAN SEA LEVEL. For the purpose of the National Flood Insurance Program, the National Geodetic Vertical Datum (N.G.V.D.) 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 purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial F.I.R.M. or after 12-31-1974, whichever is later, and includes any subsequent improvements to the structures. For flood plain management purposes, NEW CONSTRUCTION means structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community and includes any subsequent improvements to the structures.
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 the effective date of flood plain management regulations adopted by a community.
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 projections;
(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 a temporary living quarters for recreational camping, travel, or seasonal use.
START OF CONSTRUCTION. For other than new construction or substantial improvements under the Coastal Barriers Resources Act, being 16 U.S.C. §§ 3501 et seq., issued, provided the actual start date 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, or filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for 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.
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.
SUBSTANTIAL IMPROVEMENT.
(1) 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 "start of construction" of the improvement.
(2) This includes structures which have incurred "substantial damage" regardless of the actual repair work performed.
(3) The term does not, however, include either:
(a) 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 conditions; or
(b) Any alteration of an "historic structure," provided that the alteration will not preclude the structure’s continued designation as an "historic structure."
VARIANCE. A grant of relief to a person from the requirement of this chapter when specific enforcement would result in unnecessary hardship. A VARIANCE, therefore, permits construction or development in a manner otherwise prohibited by this chapter. (For full requirements see 44 C.F.R. § 60.6 of the National Flood Insurance Program Regulations).
VIOLATION.
(1) The failure of a structure or other development to be fully compliant with the community’s flood plain management regulations.
(2) A structure or other development without the elevation certificate or other certifications or other evidence of compliance required in 44 C.F.R. § 60.3 is presumed to be in violation until the time as that documentation is provided.
WATER SURFACE ELEVATION. The height, in relation to the National Geodetic Vertical Datum (N.G.V.D.) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.
(1981 Code, § 10-16) (Ord. 641, passed 8-8-1978; Am. Ord. 745, passed 2-24-1987; Am. Ord. 907, passed 4-10-2001; Am. Ord. 960, passed 7-28-2009; Am. Ord. 971, passed 3-8-2011)