Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted according to the meaning they have in common usage.
ACCESSORY STRUCTURE: A structure on the same or adjacent parcel as a principal structure, the use of which is incidental and subordinate to the principal structure. A separate insurable building should not be classified as an accessory or appurtenant structure.
ALTERATION OF A WATERCOURSE: Includes, but is not limited to, any dam, culvert, impoundment, channel relocation, change in channel alignment, channelization, or change in cross sectional area or capacity, which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
APPEAL: A request for review of the floodplain administrator's interpretation of provisions of this chapter or request for a variance.
AREA OF SHALLOW FLOODING: A designated AO or AH zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet (3'), and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
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. Zone designations on FIRMs include the letters A or V. Also known as the special flood hazard area (SFHA).
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE): The water surface elevation during the base flood in relation to a specified datum. The base flood elevation (BFE) is depicted on the FIRM to the nearest foot and in the FIS to the nearest 0.1 foot.
BASEMENT: The portion of a structure with its floor subgrade (below ground level) on all sides.
BELOW GRADE CRAWL SPACE: An enclosed area below the base flood elevation in which the interior grade is not more than two feet (2') below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawl space to the top of the crawl space foundation, does not exceed four feet (4') at any point.
BUILDING: A building or structure subject to building codes.
BUILDING CODES: The combined specialty codes adopted under Oregon Revised Statutes 446.062, 446.185, 447.020(2), 455.020(2), 455.496, 455.610, 455.680, 460.085, 460.360, 479.730(1) or 480.545, but does not include regulations adopted by the state fire marshal pursuant to Oregon Revised Statutes chapter 476 or 479.015 to 479.200 and 479.210 to 479.220.
COASTAL HIGH HAZARD AREA: An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area designated on the FIRM always includes the letter "V".
CRITICAL FACILITY: A facility that is critical for the health and welfare of the population and is especially important following hazard events. Critical facilities include essential and occupancy structures, special occupancy structures, essential facilities, transportation systems, lifeline utility systems, high potential loss facilities and hazardous material storage facilities.
DATUM: The vertical datum is a base measurement point (or set of points) from which all elevations are determined. Historically, that common set of points has been the national geodetic vertical datum of 1929 (NGVD29). The vertical datum currently adopted by the federal government as a basis for measuring heights is the North American vertical datum of 1988 (NAVD88).
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 or storage of equipment or materials located within the area of special flood hazard. Development does not include:
A. Signs, markers, aids, etc., placed by a public agency to serve the public;
B. Driveways, parking lots, or other open space use areas where no alteration of topography occurs;
C. Minor repairs or improvements to existing structures provided that the alterations do not increase the size or intensity of use, and do not constitute repair of "substantial damage", or "substantial improvement" as defined in this section;
D. Customary dredging associated with routine channel maintenance consistent with state or federal laws and permits;
E. Replacement of utility facilities necessary to serve established and permitted uses;
F. Accessory residential or noncommercial structures less than two hundred (200) square feet in area;
G. Storage of equipment and material associated with residential uses.
DIGITAL FIRM (DFIRM): Digital flood insurance rate map. It depicts flood risk and zones and flood risk information. The DFIRM presents the flood risk information in a format suitable for electronic mapping applications.
ELEVATED BUILDING: A nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
ENCROACHMENT: The advancement or infringement of uses, fill, excavation, buildings, permanent structures or other development into a floodway which may impede or alter the flow capacity of a floodplain.
ESSENTIAL FACILITY: A. Hospitals and other medical facilities having surgery and emergency treatment areas;
B. Fire and police stations;
C. Tanks or other structures containing, housing or supporting water or fire suppression materials or equipment required for the protection of essential or hazardous facilities or special occupancy structures;
D. Emergency vehicle shelters and garages;
E. Structures and equipment in emergency preparedness centers;
F. Standby power generating equipment for essential facilities; and
G. Structures and equipment in government communication centers and other facilities required for emergency response.
EXISTING BUILDING OR STRUCTURE: A structure for which the "start of construction" commenced before September 24, 1984.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with the overall responsibility for administering the national flood insurance program.
FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, issued by the federal insurance administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS): The official report by the federal insurance administration evaluating flood hazards and containing flood profiles, floodway boundaries and water surface elevations 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; or
B. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODWAY (REGULATORY FLOODWAY): The channel of a river or other watercourse and those portions of the floodplain adjoining the channel required to discharge and store the floodwater or flood flows associated with the regulatory flood.
HIGHEST ADJACENT GRADE (HAG): The highest natural elevation of the ground surface prior to construction, adjacent to the proposed walls of a structure. Refer to the elevation certificate, FEMA form 81-31, for HAG for more information.
HISTORIC STRUCTURE: A structure that is:
A. Listed individually in the national register of historic places (a listing maintained by the U.S. department of the 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 to a district preliminarily determined by the secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places and determined as eligible by 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 and determined as eligible by communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the secretary of the interior, or
2. Directly by the secretary of the interior in states without approved programs.
LATERAL ADDITION: An addition that requires a foundation to be built outside of the foundation footprint of the existing building.
LETTER OF MAP CHANGE (LOMC): An official FEMA determination, by letter, to amend or revise effective flood insurance rate maps and flood insurance studies. LOMCs are issued in the following categories:
Conditional Letter Of Map Revision (CLOMR): A formal review and comment by FEMA as to whether a proposed project complies with the minimum national flood insurance program floodplain management criteria. A CLOMR does not amend or revise effective flood insurance rate maps, flood boundary and floodway maps, or flood insurance studies.
Letter Of Map Amendment (LOMA): A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. An LOMA amends the current effective flood insurance rate map and establishes that a specific property is not located in a special flood hazard area.
Letter Of Map Revision (LOMR): A revision based on technical data showing that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, an LOMR-F, is a determination that a structure or parcel has been elevated by fill above the base flood elevation and is excluded from the special flood hazard area.
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a structure's lowest floor provided that the enclosed area is built and maintained in accordance with the applicable design requirements of the state building code.
MANUFACTURED DWELLING: A structure, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured dwelling" does not include a "recreational vehicle".
MEAN SEA LEVEL: For purposes of the national flood insurance program, the North American vertical datum of 1988 or other datum, to which base flood elevations shown on a community's FIRM are referenced.
NATURAL ELEVATION: The elevation of natural grade, or the grade in existence before September 3, 2010.
NEW CONSTRUCTION: A structure for which the "start of construction" commenced after September 3, 2010, and includes subsequent substantial improvements to the structure.
RECREATIONAL VEHICLE: A vehicle that is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towed 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.
SPECIAL OCCUPANCY STRUCTURE: A. Covered structures whose primary occupancy is public assembly with a capacity greater than three hundred (300) persons;
B. Buildings with a capacity greater than two hundred fifty (250) individuals for every public, private or parochial school through secondary level or childcare centers;
C. Buildings for colleges or adult education schools with a capacity greater than five hundred (500) persons;
D. Medical facilities with fifty (50) or more resident, incapacitated patients not included in subsections A to C of this definition;
E. Jails and detention facilities; and
F. All structures and occupancies with a capacity greater than five thousand (5,000) persons.
START OF CONSTRUCTION: Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (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 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 the alteration affects the external dimensions of a building.
STRUCTURE: A walled and roofed building, a manufactured dwelling, a modular or temporary building, or a gas or liquid storage tank that is principally aboveground.
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 its market value before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The market value of the structure should be:
A. The appraised real market value of the structure prior to the start of the initial repair or improvement, or
B. In the case of damage, the appraised real market value of the structure prior to the damage occurring. The term does not include either:
1. A 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 to assure safe living conditions, or
2. Alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
VARIANCE: A grant of relief by the governing body from a requirement of this chapter.
VERTICAL ADDITION: The addition of a room or rooms on top of an existing building.
WATER DEPENDENT USE: A facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair facilities. The term does not include long term storage, manufacture, sales, or service facilities.
WATER SURFACE ELEVATION: The height, in relation to a specific datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WATERCOURSE: A lake, river, creek, stream, wash, arroyo, channel or other topographic feature in, on, through, or over which water flows at least periodically. (Ord. 760, 8-17-2010)
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