[Amended by Ord. No. 98-19; 2-2-2010 by Ord. No. 10-01]
Unless specifically defined below, words or phrases used in
this Part 8 shall be interpreted so as to give them the meaning they
have in common usage and to give this Part 8 its most reasonable application.
APPEAL
A request for a review of the City Engineer's interpretation
of any provisions of this Part 8 or a request for a variance.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain subject to a one-percent-or-greater
chance of flooding in any given year. The area may be designated as
Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking
has been completed in preparation for publication of the e-FIRM, Zone
A usually is refined into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE
or V.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
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
located within the area of special flood hazard.
ELEVATED BUILDING
A nonbasement building built, in the case of a building in
Zones A1-30, AE, A, A99, AO, AH, B, elevated floor, or in the case
of a building in Zones V1-30, VE, or V, to have the bottom of the
lowest horizontal structural member of the elevated floor elevated
above the ground level by means of pilings, columns (posts and piers),
or shear walls parallel to the floor of the water; and adequately
anchored so as not to impair the structural integrity of the building
during a flood of up to the magnitude of the base flood. In the case
of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters. In the case of Zones V1-30, VE, or V, "elevated
building" also includes a building otherwise meeting the definition
of "elevated building" even though the lower area is enclosed by means
of breakaway walls if the breakaway walls meet the standards of Section
60.3(e)(5) of the National Flood Insurance Program regulations.
EXISTING CONSTRUCTION
For the purposes of determining rates, structures of which
the start of construction commenced before the effective date of the
FIRM or before January 1, 1975, for FIRMs effective before that date.
"Existing construction" may also be referred to as "existing structures."
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, the construction
of streets, and either final site grading or the pouring of concrete
pads) is completed before the effective date of the floodplain management
regulations adopted by the City.
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)
An official map of the community on which the Federal Emergency
Management Agency has delineated areas of special flood hazards and
the risk premium zones.
FLOOD INSURANCE STUDY
The official report 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 waters; and/or
B.
The unusual and rapid accumulation or runoff of surface waters
from any source.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventative
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and floodplain management
regulations.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special-purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
FLOOD PROOFING
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 foot.
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:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the 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 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
the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places
in communities with historic reservation 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 Interior in states with approved
programs.
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.
LEVEE SYSTEM
A flood protection system which consists of a levee or levees,
and associated structures, such as closure and drainage devices, which
are constructed and operated in accordance with sound engineering
practices.
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 Part 8.
MANUFACTURED HOME FOR FLOODPLAIN MANAGEMENT PURPOSES
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.
MANUFACTURED HOME or MANUFACTURED HOUSING
A factory-built structure. Manufactured housing does not
include a panel, kit or component house or structure which does not
utilize or incorporate a marriage wall. Manufactured housing may be
used for residential, educational, commercial and industrial use.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NKVD) of 1929 or other datum to
which base flood elevations shown on the City's Flood Insurance Rate
Map are referenced herein.
NEW CONSTRUCTION
For the purpose 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 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 the City 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 these floodplain management regulations.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Four hundred 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
building permit was issued, provided the actual start of construction,
repair, reconstruction, placement, or other improvement was within
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, footing, 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 or manufactured home that is
principally aboveground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
costs 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 which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, 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 an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
VARIANCE
A grant of relief from the requirements of this Part 8 which
permits construction in a manner that would otherwise be prohibited
by this Part 8.
VIOLATION
The failure of a structure or other development to be fully
compliant with the City's floodplain management regulations. A structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in Section 60.3(b)(5), (c)(10),
(d)(3), (e)(2), (e)(4) or (e)(5) is presumed to be in violation until such time as that
documentation is provided.
WATER SURFACE ELEVATION
The height in relation to the National Geodetic Vertical
Datum (NKVD) of 1929 (or other datum, where specified), of floods
of various magnitudes and frequencies in the flloodplains of coastal
or riverine areas.