For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. A structure on the same parcel of property as a principal structure, the use of which is incidental to the use of the principal structure.
APPEAL. A request for review of the interpretation of any provision of this chapter.
AREA OF SHALLOW FLOODING. A designated Zone AO or Zone AH on a community's flood insurance rate map (FIRM) with a 1% or greater annual chance of flooding in any given year. Zone AO has an average base flood depth of one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Zone AO is characterized as sheetflow; Zone AH indicates ponding and is shown with base flood elevations.
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 OF SPECIAL FLOOD HAZARD is synonymous with SPECIAL FLOOD HAZARD AREA (SFHA). The SFHA is shown on flood insurance rate maps and includes the letters A and 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 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. BFE includes base flood depth as used for Zone AO.
BASEMENT. Any area of a building having its floor subgrade (below ground level) on all sides.
BELOW-GRADE CRAWLSPACE. An enclosed area below the base flood elevation in which the interior grade does not exceed two feet below the lowest adjacent exterior grade, and the height, measured from the interior grade of the crawlspace to the bottom of the lowest horizontal structural member of the lowest floor, does not exceed four feet at any point.
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.
COMMUNITY. Any area or political subdivision thereof which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
CONDITIONAL LETTER OF MAP REVISION (CLOMR). A letter from FEMA commenting on whether a proposed project, if built as proposed, would meet the minimum NFIP standards or proposed hydrology changes. If the project, built as proposed, revises the flood insurance rate map and/or flood insurance study, a LOMR is required to be submitted no later than six months after project completion.
CRITICAL FACILITY. See ESSENTIAL FACILITY.
DATUM. The vertical control DATUM from which all vertical elevations are determined. Historically, flood insurance rate maps have used the National Geodetic Vertical Datum of 1929. The vertical datum currently adopted by the federal government as a basis for measuring heights is the North American Vertical Datum of 1988.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, fencing, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
ELEVATED BUILDING. A non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ENCROACHMENT. The activities or construction within the floodway including, fill, excavation, grading, new construction, substantial improvements, and other development.
ESSENTIAL FACILITY or CRITICAL FACILITY. Includes all of the following:
(1) Hospitals and other medical facilities having surgery and emergency treatment areas;
(2) Fire and police stations;
(3) 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;
(4) Emergency vehicle shelters and garages;
(5) Structures and equipment in emergency-preparedness centers;
(6) Standby power generating equipment for essential facilities; and
(7) Structures and equipment in government communication centers and other facilities required for emergency response.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) Overflow of inland or tidal waters; and/or
(2) Unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, issued by the Federal Insurance Administration, delineating the special flood hazard areas 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, regulatory floodway boundaries, and water surface elevations of the base flood.
FLOODWAY (REGULATORY FLOODWAY). The channel of a river or other watercourse and those portions of the land areas adjacent to the channel that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height (usually the designated height is one foot, however, some communities may be more restrictive).
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 and instructions, FEMA Form 81-31, Section C, for additional information.
HISTORIC STRUCTURE. A structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. 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 to a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places 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.
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 Oregon Specialty Codes and this chapter. The lowest floor of a structure in a V Zone is measured from the bottom of the lowest horizontal structural member supporting the structure.
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.
MANUFACTURED HOME. See MANUFACTURED DWELLING.
OREGON SPECIALTY CODES or STATE SPECIALTY CODES. The combined specialty codes adopted under O.R.S. 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 O.R.S. Chapter 476 or O.R.S. 479.015 to 479.200. and 479.210 to 479.220. The combined specialty codes are often referred to as building codes.
RECREATIONAL VEHICLE. A vehicle that 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 towed 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.
SPECIAL FLOOD HAZARD AREA. Zones on flood insurance rate maps that depict the land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. SPECIAL FLOOD HAZARD AREA is synonymous with AREA OF SPECIAL FLOOD HAZARD. SPECIAL FLOOD HAZARD AREAS on flood insurance rate maps always include the letters A or V.
START OF CONSTRUCTION. Includes SUBSTANTIAL IMPROVEMENT and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, 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 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. (Note: building permits in Oregon expire if work isn’t started within 180 days from the date of issue. Once works has begun, permits expire if work is suspended or abandoned for 180 days or more. Building permits may be extended for an additional 180-day period.)
STRUCTURE. A walled and roofed building, a manufactured dwelling, a modular or temporary building, or a gas or liquid storage tank that is principally above ground.
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 its market value before the damage occurred. (Note: communities may define SUBSTANTIAL IMPROVEMENT and SUBSTANTIAL DAMAGE as less than 50% of the market value of the structure. SUBSTANTIAL IMPROVEMENT and SUBSTANTIAL DAMAGE may also be accumulated over time.)
SUBSTANTIAL IMPROVEMENT.
(1) Reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 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 is:
(a) The real market value of the structure prior to the start of the initial repair or improvement; or
(b) In the case of damage, the real market value of the structure prior to the damage occurring.
(2) SUBSTANTIAL IMPROVEMENT does not include either:
(a) 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 the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(b) Any 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 a community from any requirement of 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 with this chapter is presumed to be in violation until such time as that documentation is provided.
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. The channel and banks of an identifiable channel, and not the 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).
(Ord. 527, passed 1-14-2013)