Unless otherwise expressly stated, the following words and terms shall, apply to the Code provisions of this Chapter 64 only:
ACCESSORY STRUCTURE. A
on the same parcel of property as a principal
and the use of which is limited to parking and storage incidental to the use of the principal
.
ADDITION. An extension or increase in floor area, number of stories or
of a
or
.
ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification 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 a review of the Floodplain Administrator's interpretation of any provision of this Chapter or a request for a Variance.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.
BASE FLOOD. A Flood having a 1% chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.] The Base Flood is commonly referred to as the "100 year Flood" or the "1%-annual chance Flood."
BASE FLOOD ELEVATION. The elevation of the Base Flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.]
BASEMENT. The portion of a
having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.]
DESIGN FLOOD. The Flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.]
(1) Area with a floodplain subject to a 1% or greater chance of Flooding in any year; or
(2) Area designated as a Flood Hazard Area on the community's Flood hazard map, or otherwise legally designated.
DESIGN FLOOD ELEVATION. The elevation of the "Design Flood," including wave height, relative to the datum specified on the community's legally designated Flood hazard map. In areas designated as Zone AO, the Design Flood Elevation shall be the elevation of the highest existing grade of the
's perimeter plus the depth number (in feet) specified on the Flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two feet. [Also defined in FBC, B, Section 1612.2.]
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to,
or other
, tanks, temporary
, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving,
, drilling operations or any other land disturbing activities.
ENCROACHMENT. The placement of fill,
,
, permanent
or other
into a Flood Hazard Area which may impede or alter the flow capacity of riverine Flood Hazard Areas.
EXISTING BUILDING AND EXISTING STRUCTURE. Any
and
for which the "Start Of Construction" commenced before June 29, 1998. [Also defined in FBC, B, Section 1612.2.]
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.
FLOOD OR FLOODING. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD DAMAGE-RESISTANT MATERIALS. Any
material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.]
FLOOD HAZARD AREA. The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.]
(1) The area within a floodplain subject to a 1% or greater chance of Flooding in any year.
(2) The area designated as a Flood Hazard Area on the community's Flood hazard map, or otherwise legally designated.
FLOOD INSURANCE RATE MAP (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both Special Flood Hazard Areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.]
FLOOD INSURANCE STUDY (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the Base Flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.]
FLOODPLAIN ADMINISTRATOR. The office or position designated and charged with the administration and enforcement of this Chapter (may be referred to as the Floodplain Manager).
FLOODPLAIN DEVELOPMENT PERMIT OR APPROVAL. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific
activities that are located in Flood Hazard Areas and that are determined to be compliant with this Chapter.
FLOODWAY. The channel of a river or other riverine 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 foot. [Also defined in FBC, B, Section 1612.2.]
FLOODWAY ENCROACHMENT ANALYSIS. An engineering analysis of the impact that a proposed Encroachment into a Floodway is expected to have on the Floodway boundaries and Base Flood Elevations; the evaluation shall be prepared by a qualified Florida licensed
using standard engineering methods and models.
FLORIDA BUILDING CODE. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.
FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to
next to the proposed walls or foundation of a
.
HISTORIC STRUCTURE. Any Structure that is determined eligible for the exception to the Flood Hazard Area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings.
LETTER OF MAP CHANGE (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated Special Flood Hazard Area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or
is not located in a Special Flood Hazard Area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to Flood zones, Flood elevations, Special Flood Hazard Area boundaries and Floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a
or
has been elevated by fill above the Base Flood Elevation and is, therefore, no longer located within the Special Flood Hazard Area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed Flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of Special Flood Hazard Areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
LIGHT-DUTY TRUCK. As defined in 40 C.F.R. 86.082-2, any
rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
(2) Designed primarily for transportation of
and has a capacity of more than 12
; or
(3) Available with special features enabling off-
or off-
operation and use.
LOWEST FLOOR. The Lowest Floor of the lowest enclosed area of a
or
, including Basement, but excluding any unfinished or flood-resistant enclosure, other than a Basement, usable solely for vehicle parking,
access or limited storage provided that such enclosure is not built so as to render the Structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]
MANUFACTURED HOME. A
, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral 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" or "Park Trailer." [Also defined in 15C-1.0101, F.A.C.]
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more Manufactured Home
for rent or sale.
MARKET VALUE. As used in this Chapter, the term refers to the value of
and
, excluding the land and other improvements on the parcel. Market Value is the Actual Cash Value (in-kind replacement cost depreciated for age, wear and tear, neglect, and quality of Construction) determined by a qualified independent appraiser, or tax
value adjusted to approximate Market Value by a factor provided by the
.
NEW CONSTRUCTION. For the purposes of administration of this Chapter and the Flood resistant
requirements of the Florida Building Code,
for which the "Start Of Construction" commenced on or after June 29, 1998, and includes any subsequent improvements to such
.
PARK TRAILER. A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in F.S. § 320.01]
RECREATIONAL VEHICLE. A vehicle, including a Park Trailer, which is: [see in F.S. 320.01)
(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
but as temporary living quarters for recreational, camping, travel, or seasonal use.
SPECIAL FLOOD HAZARD AREA. An area in the floodplain subject to a 1% or greater chance of Flooding in any given year. Special Flood Hazard Areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 1612.2.]
START OF CONSTRUCTION. The date of issuance for New Construction and Substantial Improvements to
, provided the actual Start Of Construction, repair, reconstruction, rehabilitation, Addition, placement, or other improvement is within 180 days of the date of the issuance. The actual Start Of Construction means either the first placement of permanent
of a
(including a Manufactured Home) on a site, such as the pouring of slab or footings, the installation of piles, the
of columns.
Permanent
does not include land preparation (such as clearing, grading, or filling), the installation of
or walkways, Excavation for a Basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory
such as garages or sheds not occupied as
or not part of the main
. For a Substantial Improvement, the actual "Start Of Construction" means the first alteration of any wall, ceiling, floor or other structural part of a
, whether or not that alteration affects the external dimensions of the
. [Also defined in FBC, B Section 1612.2.]
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a
or
whereby the cost of restoring the
or
to its before-damaged condition would equal or exceed 50% of the Market Value of the
or
before the damage occurred. [Also defined in FBC, B Section 1612.2.]
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, Addition, or other improvement of a
or
, the cost of which equals or exceeds 50% of the Market Value of the
or
before the improvement or repair is started. If the
has incurred "Substantial Damage," any repairs are considered Substantial Improvement regardless of the actual repair work performed. The term does not, however, include any project for improvement of a
required to correct existing health, sanitary, or safety code violations identified by the
official and that are the minimum necessary to assure safe living conditions.
VARIANCE. A grant of relief from the requirements of this Chapter, or the Flood resistant
requirements of the Florida Building Code, which permits
in a manner that would not otherwise be permitted by this Chapter or the Florida Building Code.
WATERCOURSE. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.
(Ord. 2014-11, passed 5-5-2014; Am. Ord. 2023-05, passed 6-5-2023)