§ 156.015  DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
   ACCESSORY STRUCTURE. A structure, as defined in 44 C.F.R. § 59.1, which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure; specifically excludes structures used for human habitation.
   AGRICULTURAL STRUCTURE. A structure, as defined in 44 C.F.R. § 59.1, which is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock; specifically excludes any structures used for human habitation.
   AREA OF FUTURE-CONDITIONS FLOOD HAZARD. The land area that would be inundated by the 1% (100-year) flood based on future-conditions hydrology.
   AREA OF SHALLOW FLOODING. A designated AO, AH, or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a 1% chance 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. The 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. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE, or V.
   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
   BASE FLOOD ELEVATION (BFE). The water surface elevation of the 1% annual chance flood. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.
   BASE LEVEL ENGINEERING (BLE). The minimal investment for the region to allow the region to build a base level understanding of flood risk for the watersheds throughout the region. Areas can be used as long as they meet the minimum requirements by FEMA.
   BASEMENT. Any area of the building having its floor sub-grade (below ground level) on all sides.
   BEST AVAILABLE INFORMATION. The most restrictive information is determined by consulting (1) the Effective and/or Preliminary FIRMs and FIS as identified in the latest Available Flood Hazard Information Table; and (2) the Advisory Flood Hazard Information, if developed. If only one source of flood information is available, then that is the best available. Where multiple sources of flood information are available, the best available information is the source that provides the more restrictive flood hazard zone, the highest base flood elevation, and/or the greatest discharge. Must be determined for the proposed project site.
   CERTIFIED FLOODPLAIN MANAGER. The Association of State Floodplain Managers (ASFPM) has established a national program for certified floodplain managers (CFM). This program recognizes continuing education and professional development that enhances the knowledge and performance of local, state, federal, and private-sector floodplain management professionals.
   CHANNEL MIGRATION ZONE. The area within the lateral extent of likely stream channel movement due to stream bank destabilization and erosion, rapid stream incision, aggradation, avulsions, and shifts in location of stream channels.
   COMMUNITY. City of Sioux Falls, South Dakota, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
   CRITERIA. The comprehensive criteria for land management and use for flood-prone areas developed under 42 U.S.C. § 4102 for the purposes set forth in part 60 of this subchapter.
   CRITICAL FACILITY. A facility necessary to protect the public health, safety, and welfare during a flood. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency operations installations, water and wastewater treatment plants, electric power stations, and installations which produce, use, or store hazardous materials or hazardous waste (other than consumer products containing hazardous substances or hazardous waste intended for household use).
   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.
   DESIGN FLOOD ELEVATION (DFE). The elevation of the highest flood (generally the BFE including freeboard) that a retrofitting method is designed to protect against. Also referred to as a flood protection elevation.
   DEVELOPMENT. Any human-made change in improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment or materials.
   DRY FLOODPROOFING. A combination of measures that results in a structure, including the attendant utilities and equipment, being watertight with all elements substantially impermeable to the entrance of floodwater with structural components having the capacity to resist flood loads.
   ELEVATED BUILDING.
      (1)   A non-basement building:
         A.   Built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, 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
         B.   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 A1-30, AE, A, A99, AO, AH, B, C, X, and D.
      (2)   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.
      (3)   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 met the standards of 44 C.F.R. § 60.3(e)(5) of the National Flood Insurance Program regulations.
   EXISTING CONSTRUCTION. For the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM or before January 17, 1979, for FIRMs 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 floodplain management regulations 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).
   FEMA. The Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program.
   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
      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.
   FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the administrator, where the boundaries of the flood, related erosion areas having special hazards have been designated as Zones A, M and/or E.
   FLOOD INSURANCE RATE MAP (FIRM). An official map of a community on which the Federal Emergency Management Agency 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 PROTECTION ELEVATION (FPE). The elevation above the datum of the effective FIRM to which new and substantially improved structures must be protected from flood damage.
   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 areas within a community subject to a “special flood hazard” and the extent of the depths of associated flooding. That 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.
   FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source. See definition of FLOODING.
   FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.
   FLOODPLAIN MANAGEMENT REGULATIONS. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain 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.
   FLOODPROOFING. 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. FLOODPROOFING is not an encouraged method of protection in the city.
   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.
   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 floodwayconditions, 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 facilities, port facilities that are 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.
   HARDSHIP. The inability to comply with an NFIP floodplain management regulation and make reasonable use of a property because of unusual physical and topographical conditions that are unique to the property, are not caused by the applicant, and pertain to the land and not any structures, its inhabitants, or the personal circumstances of the property owner.
   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 Interior; or
      (4)   Individually listed on a local inventory or 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 human-made structure, usually an 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.
   LOCAL FLOODPLAIN ADMINISTRATOR. The local official or other person designated by a community as responsible for administering NFIP floodplain management regulations.
   LOWEST ADJACENT GRADE. Elevation of the lowest ground surface that touches any of the exterior 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 or 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 non-elevation design requirement of 44 C.F.R. § 60.3 of the National Flood Insurance Program regulations.
   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. The term MANUFACTURED HOME does not include a recreational vehicle.
   MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
   MEAN SEA LEVEL. Means, for purposes of the National Flood Insurance Program, the National American Vertical Datum 1988 (NAVD), to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
   MINIMUM GROUND ELEVATION (MGE). It is the minimum finished ground elevation at the home. This is the top of black dirt under the grass, or the top of landscape rock or other landscape material at the lowest exposed part of the house.
   NATIONAL FLOOD INSURANCE ACT OF 1968 (NFIA). Created the Federal Insurance Administration and made federal flood insurance available for the first time.
   NATIONAL FLOOD INSURANCE PROGRAM (NFIP). A program enacted by congress intended to reduce the impact of flooding on private and public structures by making federal flood insurance available within communities that adopt and enforce NFIP floodplain management regulations.
   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 FIRM or after January 17, 1979, whichever is later, and includes any subsequent improvements to the 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 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 floodplain management regulations adopted by a community.
   OPENING. Open area or space within a wall that meets certain performance characteristics related to allowing the automatic entry and exit of floodwaters.
   PARCEL. Any contiguous quantity of land in the possession of, owned by, or recorded as the property of the same claimant, person, or company.
   PROTECTED AREA. The lands that lie within the boundaries of the floodway, the riparian habitat zone, and the channel migration area. Because of the impact that development can have on flood heights and velocities and habitat, special rules apply in the protected area.
   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 as temporary living quarters for recreational, camping, travel, or seasonal use.
   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.
   RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.
   SPECIAL FLOOD HAZARD AREA (SFHA). The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The SFHA is inclusive of A Zones.
   SPECIAL HAZARD AREA. An area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, AR, AR/AII-30, AR/AE, AR/AO, AR/AH, AR/A, A99, AH, VO, V1-30, VE, V, M, or E.
   START OF CONSTRUCTION. Includes substantial improvement 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 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.
   STATE COORDINATOR. The person, office, or agency of the state of South Dakota designated by the governor of South Dakota, or by South Dakota statute, that assists in the implementation of the NFIP in the state of South Dakota.
   STRUCTURE. (for floodplain management purposes) A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Walled and roofed shall be interpreted as two outside rigid walls and a fully secured roof.
   SUBDIVISION. The division or redivision of land into two or more lots, tracts, parcels, sites, condominiums, or divisions for the purpose of sale, lease, or transfer of ownership.
   SUBSTANTIAL DAMAGE.
      (1)   Damage of any origin sustained by a structure whereby the three-year running cumulative (starting after December 31, 2022) cost of restoring the structure to its before damaged condition would equal or exceed 45% of the market value of the structure before the damage occurred.
      (2)   This includes the costs of, but are not necessarily limited to, all materials, labor, built-in appliances, overhead, profit, and repairs to damaged portions of the building that are done concurrent with the subject improvements. This term does not, however, include the costs of the improvement associated with post-storm debris removal; permitting; fees, preparation of surveys, costs, plans, and/or specifications; or improvements outside of the structure, such as landscaping, sidewalks, fences, or detached structures; or work exempted from building permit requirements.
   SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the three-year running cumulative (starting after December 31, 2022) cost of which equals or exceeds 45% of the market value of the structure before “start of construction” of the improvement. This includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. This includes the costs of, but are not necessarily limited to, all materials, labor, built-in appliances, overhead, profit, and repairs to damaged portions of the building that are done concurrent with the subject improvements. 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 a local code enforcement official and which are the minimum necessary 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.”
      (3)   The costs of the improvement associated with post-storm debris removal; permitting; fees, preparation of surveys, costs, plans, and/or specifications; or improvements outside of the structure, such as landscaping, sidewalks, fences, or detached structures; or work exempted from building permit requirements.
   VARIANCE. Is 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. 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 44 C.F.R. §§ 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance Program regulations is presumed to be in VIOLATION until a time as that documentation is provided.
   WATERCOURSE. The channel and banks of an identifiable watercourse. The WATERCOURSE does include adjoining floodplain areas. The flood-carrying capacity of a WATERCOURSE refers to the flood-carrying capacity of the channel (except in the case of alluvial fans, where a channel is not typically defined).
   WATER SURFACE ELEVATION. The height, in relation to the National American Vertical Datum 1988 (NAVD), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
   WET FLOODPROOFING. Use of flood- damaged-resistant materials and construction techniques to minimize flood damage to a structure by intentionally allowing floodwaters to enter and exit automatically (without human intervention).
(1992 Code, § 45-5)  (Ord. 70-09, passed 8-3-2009; Ord. 94-16, passed 8-2-2016; Ord. 78-17, passed 8-15-2017; Ord. 32-18, passed 5-2- 2018; Ord. 77-21, passed 7-6-2021)