In addition to those terms defined in Section 19.02.050, the following definitions shall apply:
Appeal. A request for a review of the City Engineer's interpretation of any provision of this Chapter.
Area of shallow flooding. A designated AO, AH, or CP Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from 1 to 3 feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
Area of special flood-related erosion hazard. The area of subject to severe flood- related erosion losses. The area is design is designated as Zone E on the Flood Insurance Rate Map (FIRM).
Area of special flood hazard. See "Special flood hazard area."
Area of special mud slide (i.e., mud flow hazard). The area subject to severe mud slides (i.e. mud flows). The area is designated as Zone M on the Flood Insurance Rate Map (FIRM).
Base Flood. The flood having a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood").
Basement. Any area of the building having its floor subgrade - i.e., below ground level - on all sides.
(Ord. MC-1062, 11-16-99)
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.
(Ord. MC-1062, 11-16-99)
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of flood waters, the unusual and rapid accumulation or run-off of surface water from any source, and/or 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 or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
Flood Boundary and Floodway Map. The official map on which at the General Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
Flood Insurance Rate Map (FIRM). The official map on which the Federal Emergency Management Agency of 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 Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source (see "Flooding").
Floodplain management. The operation of an overall program of corrective and preventative measures for reducing flood damage, including but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
Floodplain management regulations. Development Code, building codes, health regulations, special purpose ordinances (i.e., grading ordinance and erosion control ordinance) and other applications of police power. The term describes such 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 eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Floodway. The channel or 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 1 foot. 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.
Hardship. The exceptional hardship that would result from a failure to grant a requested variance. The variance must 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.
(Ord. MC-1062, 11-16-99)
Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
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 home park or subdivision. A parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for sale or rent.
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, structures for which the "start of construction" commenced on or after the effective date of this Development Code.
One hundred year flood. A flood which has a 1% annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this Chapter.
Remedy a violation. To bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this Development Code or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.
Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Special flood hazard area (SFHA). An area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, CO, C1-V30, VE, or V.
Start of construction. 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 from 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 placement of a manufacture 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.
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 percent of the market value of the structure before the damage occurred.
(Ord. MC-1062, 11-16-99)
Substantial improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
A. Before the improvement or repair is started; or
B. If the structure has been damaged, and is being restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
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.
Water surface elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ord. MC-1062, 11-16-99)
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.