12-1-4: DEFINITIONS:
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application:
   APPEAL: A request for a review of the city of Three Forks floodplain administrator's interpretation of any provisions of this chapter or a request for a variance.
   AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
   BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
   BASE FLOOD ELEVATION: The computed elevation to which floodwater is anticipated to rise during the base flood. Base flood elevations (BFEs) are shown on flood insurance rate maps (FIRMs) and on the flood profiles.
   BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.
   DEVELOPMENT: Any manmade 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 located within the area of special flood hazard.
   EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park 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, either final site grading or the pouring of concrete pads) is completed before September 5, 1990.
   EXPANSION TO 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 INSURANCE RATE MAP (FIRM): The official map dated September 2, 2011, 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 dated September 2, 2011, provided by the federal emergency management agency that includes flood profiles, the flood boundary floodway map and the water surface elevation of the base flood.
   FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:
   A.   The overflow of inland or tidal waters, and/or
   B.   The unusual and rapid accumulation or runoff of surface waters from any source.
   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.
   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 one-half foot (0.5').
   HISTORIC STRUCTURE: Any structure that is:
   A.   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;
   B.   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;
   C.   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
   D.   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the secretary of the interior.
2. Directly by the secretary of the interior in states without approved programs.
   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 nonelevation design requirements of this chapter.
   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".
   NEW CONSTRUCTION: Structures for which the "start of construction" commenced on or after September 5, 1990, 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 the floodplain management regulations adopted by the city of Three Forks.
   RECREATIONAL VEHICLE: A vehicle which is:
   A.   Built on a single chassis;
   B.   Four hundred (400) square feet or less when measured at the largest horizontal projections;
   C.   Designed to be self-propelled or permanently towable by a light duty truck; and
   D.   Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
   START OF CONSTRUCTION: Includes substantial improvement and means the date the zoning permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means 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.
   STRUCTURE: A. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally aboveground, as well as a manufactured home. Structure, for insurance purposes, means:
1. A building with two (2) or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;
2. A manufactured home (a "manufactured home", also known as a mobile home, is a structure: built on a permanent chassis, transported to its site in 1 or more sections, and affixed to a permanent foundation); or
3. A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws.
   B.   For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in subsection A3 of this definition, or a gas or liquid storage tank.
   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 fifty percent (50%) of the market value of the structure before the damage occurred.
   SUBSTANTIAL IMPROVEMENT: A. A repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage occurred.
   B.   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. 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.
   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 44 CFR section 60.3, (c)(4), (c)(10), (d)(3), and (e)(2) is presumed to be in violation until such time as that documentation is provided. (Ord. 325-11, 8-23-2011, eff. 9-1-2011) !DEFEND!