For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPEAL. A request for a review of the Common Council’s interpretation of any provisions of this chapter or a request for a variance.
AREA OF FUTURE-CONDITIONS FLOOD HAZARD. The land area that would be inundated by the 1%-annual-chance (100-year) flood based on future-conditions hydrology.
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 FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO or V1-30, VE or V. For purposes of these regulations, the term SPECIAL FLOOD HAZARD AREA is synonymous in meaning with the phrase AREA OF SPECIAL FLOOD HAZARD.
BASE FLOOD. The flood having a 1% change 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.
BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
BUILDING. See STRUCTURE.
CONDITIONAL LETTER OF MAP REVISION (CLOMR). FEMA’s comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
DEVELOPMENT. Any human-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.
EROSION. The process of the gradual wearing a way of land masses. This peril is not per se covered under the program.
EXISTING CONSTRUCTION. For the purpose of determining rates, structures for which the “start of construction commenced before the effective date of the FIRM or before January 1, 1975, 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 the city.
EXISTING STRUCTURES. See EXISTING CONSTRUCTION.
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 water; or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD ELEVATION DETERMINATION. A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a 1% or greater chance of occurrence in any given year.
FLOOD INSURANCE RATE MAP (FIRM). The official map on which FEMA 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 FEMA that includes flood profiles, the flood boundary-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 definition of FLOODING).
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 (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 floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.
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 reservation 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.
IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition or alteration of a structure, the cost of which does not equal or exceed 50% of the market value of the structure.
LOMA REQUESTS INVOLVING ONE OR MORE STRUCTURES. For a LOMA to be issued by FEMA to remove one or more structures from the SFHA, the NFIP regulations require that the lowest adjacent grade (the lowest ground touching the structure) be at or above the BFE.
LOMA REQUESTS INVOLVING ONE OR MORE LOTS. For a LOMA to be issued by FEMA to remove one or more entire lots from the SFHA, the NFIP regulations require that the lowest point on the lot(s) must be at or above the BFE.
LOMR-F REQUESTS INVOLVING ONE OR MORE STRUCTURES. For a LOMR-F to be issued by FEMA to remove the structure from the SFHA, the NFIP regulations require that the lowest adjacent grade of the structure be at or above the BFE. The participating community must also determine that the land and any existing or proposed structures to be removed from the SFHA are “reasonably safe from flooding.”
LOMR-F REQUESTS INVOLVING ONE OR MORE LOTS. For a LOMR-F to be issued by FEMA to remove the entire lot and structure, both the lowest point on the lot and the lowest floor of the structure must be at or above the 1%-annual-chance flood elevation.
LETTER OF MAP REVISION (LOMR). FEMA’s modification to an effective flood insurance rate map (FIRM), or flood boundary and floodway map (FBFM), or both. LOMR is generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the flood insurance rate map (FIRM) or flood boundary and floodway map (FBFM) and sometimes the flood insurance study (FIS) report and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM or FIS report.
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.
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 44 C.F.R. § 60.3.
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 attached 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.
MAP. The flood hazard boundary map (FHBM) or the flood insurance rate map (FIRM) for a community issued by the agency.
MEAN SEA LEVEL. For the purpose of the National Flood Insurance Program, the National American Vertical Datum (NAVD) of 1988 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.
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 the city.
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 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), streams, brooks and the like.
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/A1-30, 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 or 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.
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. Anything constructed or placed on the ground or attached to the ground, including, but without limitations, buildings, factories, sheds, walls, fences, culverts, conduits or any other human-made objects.
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 repair, reconstruction, rehabilitation, addition 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 purpose 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.
(2) The term does not however include either:
(a) 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
(b) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
VARIANCE. A grant of relief to a person from the requirements 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. § 60.0.)
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) 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.
(Prior Code, § 8-6) (Ord. 1153, passed 3-19-2012)