§ 151-04  Definitions.
   Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
   "A" ZONE.  See SPECIAL FLOOD HAZARD AREA.
   ACCESSORY STRUCTURE, LOW-COST AND SMALL.  A structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.
   APPEAL.  A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance.
   APPLIANCE. Any element that functions as a part of the structure, such as furnace, hot water heater, air conditioner, duct work, conduits, pipes, structural member, etc.
   AREA OF SHALLOW FLOODING.  A designated Zone AO, AH, AR/AO, or AR/AH on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident.  Such flooding is characterized by ponding or sheet flow.
   BASE FLOOD.  A flood, which as a one percent chance of being equaled or exceeded in any given year (also called the 100-YEAR FLOOD).
   BASE FLOOD ELEVATION (BFE).  The computed elevation to which floodwater is anticipated to rise during the base flood.
   BASEMENT.  Any area of the building having its floor sub-grade (i.e., below ground level) on all sides.
   BREAKAWAY WALLS. Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are not part of the structural support of the building and which are so designed as to break away, during the base flood, without damage to the structural integrity of the building on which they are used or any structures to which they might be carried by flood waters.
   BUILDING.  See STRUCTURE.
   CITY.  The City of Yuma, being in Yuma County, State of Arizona.
   COLORADO RIVER BASE FLOOD ELEVATION.  The flood elevation having a one percent chance of being equaled or exceeded in any given year or a flow of 40,000 cubic feet per second (cfs), whichever is greater.
   COLORADO RIVER FLOODPLAIN.  The combined area of the Colorado River Floodway and the Colorado River Floodway Fringe.
   COLORADO RIVER FLOODWAY.  The channel of the Colorado River and that part of the floodplain that are necessary to safely convey the floodway flow of either a one in 100 year flow consisting of controlled releases and tributary inflow, or a flow of 40,000 cubic feet per second (cfs), whichever is greater.
   COLORADO RIVER FLOODWAY FRINGE. That area subject to inundation by floods of varying magnitudes, up to and including the floodway flow, but which is not required for the safe conveyance of the floodway flow and is not included in the computation of the Colorado River Floodway base flood elevation.
   COLORADO RIVER FLOODWAY PROTECTION ACT. An official document being the Final Report of the Secretary of the Interior to the Congress of the United States on the Colorado River Floodway Protection Act (October 1986; Public Law 99-450, October 1992; United States Department of the Interior including the Colorado River Floodway Maps).
   COMMUNITY.  Any state, area or political subdivision thereof, or any Indian tribe or authorized tribal organization, or authorized native organization, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
   CONDITIONAL LETTER OF MAP AMENDMENT (CLOMA). FEMA's comment on whether a proposed project would be excluded from the special flood hazard area (SFHA) shown on the effective Flood Insurance Rate Maps (FIRM). This letter does not revise an effective FIRM. It indicates whether the project, if built as proposed, would or would not be removed from the SFHA by FEMA, if later submitted as a request for a Letter of Map Amendment.
   CONDITIONAL LETTER OF MAP REVISION (CLOMR). FEMA's comment on a proposed project that would affect the hydrologic and/or hydraulic characteristics of a flooding source and thus result in the modification of the existing floodway or effective base flood elevations. This letter does not revise an effective FIRM. It indicates whether the project, if built as proposed, would or would not be removed from the SFHA by FEMA, if later submitted as a request for a Letter of Map Revision.
   CONDITIONAL LETTER OF MAP REVISION BASED ON FILL (CLOMR-F). FEMA's comment on whether a proposed project involving the placement of fill would exclude an area from the SFHA shown on the effective FIRM. This letter does not revise an effective FIRM. It indicates whether the project, if built as proposed, would or would not be removed from the SFHA by FEMA, if later submitted as a request for a Letter of Map Revision Based On Fill.
   CONTIGUOUS FILL. Fill placed in a continuous manner and its coverage measured in a linear fashion from the top of one end of the fill to the other end perpendicular to the flow.
   CONVEYANCE. The ability of the floodplain to pass the base flood flow.
   DEVELOPMENT.  Any man-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.
   ELEVATION CERTIFICATE. An administrative tool of the National Flood Insurance Program (NFIP) that is used to provide elevation information necessary to ensure compliance with community floodplain management ordinance, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
   ENCROACHMENT. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
   EROSION. The process of the gradual wearing away of land masses. This peril is not, per se, covered under the National Flood Insurance Program.
   FILL.  Any structure, facility, embankment or earthen material that is placed above the natural grade elevation primarily to raise the site elevation.
   FLOOD or FLOODING.  A general and temporary condition of partial or complete inundation of normally dry land areas from:
      (1)   The overflow of flood waters;
      (2)   The unusual and rapid accumulation or runoff of surface waters from any source; and/or
      (3)   The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
   FLOOD INSURANCE RATE MAP (FIRM).  The official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the Special Flood Hazard Areas and the risk premium zones applicable to the community.
   FLOOD INSURANCE STUDY (FIS).  The official report provided by FEMA that includes flood profiles, FIRMs and the water surface elevation of the base flood.
   FLOODPLAIN or FLOOD-PRONE AREAS.  Any land area susceptible to being inundated by water from any source.  See FLOOD or FLOODING.
   FLOODPLAIN ADMINISTRATOR (FPA).  The community official designated by title to administer and enforce the floodplain management regulations.
   FLOODPLAIN BOARD (FPB).  The City Council of the City of Yuma, at such times as they are engaged in the enforcement of this chapter.
   FLOODPLAIN MANAGEMENT.  The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
   FLOODPLAIN MANAGEMENT REGULATIONS.  The ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading  and erosion control) and other application of police power which control development in flood-prone areas.  This term describes such federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
   FLOODPLAIN USE PERMIT. An official permit that shall be obtained before construction or development begins, including placement of manufactured homes, with areas of SFHA.
   FLOODPROOFING.  Any combination of structural and nonstructural additions, changes, or adjustments to nonresidential structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents by means other than elevation.
   FLOOD-RELATED EROSION.  The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
   FLOODWAY.  The area 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. Also referred to as REGULATORY FLOODWAY.
   FUNCTIONALLY DEPENDENT USE.  A use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water.  The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
   GOVERNING BODY.  The local governing unit that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
   HAG. Highest adjacent grade.
   HARDSHIP. As related to §§ 151-25 through 151-27 of this chapter, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Yuma City Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
   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 preservation programs which have been approved by the Secretary of 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.
   LAG.  Lowest adjacent grade.
   LETTER OF MAP AMENDMENT (LOMA). An official FEMA amendment, by letter, to an effective FIRM. A LOMA establishes a property's location in relation to the SFHA.
   LETTER OF MAP REVISION (LOMR). Any FEMA comment, amendment or revision to the FIRM including CLOMR, CLOMR-F, LOMA, LOMR or LOMR-F.
   LETTER OF MAP REVISION BASED ON FILL (LOMR-F). An official FEMA revision, by a letter, to an effective FIRM. A LOMR-F provides FEMA's determination concerning whether a structure or parcel has been elevated on fill at or above the base flood elevation and excluded from the SFHA.
   LEVEE. A man-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.
   LOWEST FLOOR.  The lowest floor of the lowest enclosed area, including the basement. See 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 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. 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 sale or rent.
   MARKET VALUE. Replacement cost of a structural less depreciation since construction.
   MEAN SEA LEVEL.  For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which Base Flood Elevations shown on a community's FIRM 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.
   OBSTRUCTION.  Including, but not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
   ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD. The flood having a one percent chance of being equaled or exceeded in any given year. See BASE FLOOD.
   PERSON.  An individual or the individual's agent, a firm, partnership, association or corporation, or an agent of the aforementioned groups, or this state or its agencies or political subdivisions.
   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 FLOOD ELEVATION (RFE).  An elevation one foot above the BFE.
   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), stream, brook, etc.
   SHEET FLOW AREA. See AREA OF SHALLOW FLOODING.
   SPECIAL FLOOD HAZARD AREA (SFHA).  An area in the floodplain subject to a one percent or greater chance of flooding in any given year. These areas are designated as Zone A, AE, AO, AH, A1-30 or A99 on the FIRM.
   START OF CONSTRUCTION. Includes substantial improvement and other proposed new development 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 from the date of the permit. 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 that alteration affects the external dimensions of the building.
   STRUCTURE.  A walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
   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. Any 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 that have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
      (1)   Any project for improvement of a structure to correct existing violations or 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)    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 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 this chapter is presumed to be in violation until such time as that documentation is provided.
   WATER SURFACE ELEVATION. The height, in relation to the NGVD of 1929, the NAVD of 1988, or other 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 on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.
   ZONE A. No Base Flood Elevations determined.
   ZONE AE. Base Flood Elevations determined.
   ZONE AH. Flood depths of one to three feet (usually areas of ponding); Base Flood Elevations determined.
   ZONE AO. Flood depths of one to three feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities also determined.
   ZONE AR. Special Flood Hazard Area formerly protected from the one-percent annual chance flood by a flood control system that was subsequently decertified. Zone AR indicates that the former flood control system is being restored to provide protection from the one-percent annual chance or greater flood.
   ZONE A99. Area to be protected from one-percent annual chance flood by a Federal flood protection system under construction; no Base Flood Elevations determined.
   ZONED. Areas in which flood hazards are undetermined, but possible.
   ZONE X (UNSHADED). Areas determined to be outside the 0.2% annual chance floodplain.
   ZONE X (SHADED). Areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than one foot or with drainage areas less than one square mile; and areas protected by levees from 1% annual chance flood.
(Ord. O2006-53, passed 8-16-06; Ord. O2013-62, passed 12-4-13; Ord. O2021-013, passed 7-21-21)