[R.O. 2008 § 415.010; R.O. 2007 § 415.010; Ord. No. 4974 § 1, 3-30-2006; Ord. No. 6206 § 1, 4-28-2016]
AGENCY
The Federal Emergency Management Agency (FEMA).
AGRICULTURAL STRUCTURE
Any structure used exclusively in connection with the production,
harvesting, storage, drying, or raising of agricultural commodities.
APPEAL
A request for a review of the City Administrator or his/her
designates interpretation of any provision of this Chapter or a request
for a variance.
APPURTENANT STRUCTURE
A structure that is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a one percent (1%) chance or greater of flooding in any given year.
BASE FLOOD
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year. Also commonly known as the 100-year
flood.
BASEMENT
Any area of the structure having its floor subgrade (below
ground level) on all sides.
COMMUNITY
Any State or area or political subdivision thereof which
has authority to adopt and enforce floodplain management regulations
for the area within its jurisdiction.
CONSTRUCTION
The act of adding an addition to an existing building or
structure or the erection of a new principal or accessory building
or structure on a lot or property or the addition of walks, driveways
or parking lots or the addition of appurtenances to a building or
structure.
CRITICAL FEATURE
An integral and readily identifiable part of a flood protection
system without which the flood protection provided by the entire system
would be compromised.
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
with the exception of land that is agricultural in use and zoned as
agricultural being allow to remove trees, brush or shrubs and moving
earthen material not to exceed fifty (50) cubic yards.
ELEVATED BUILDING
For insurance purposes, a non-basement building which has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings or columns.
EXISTING 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 before the effective date of the floodplain
management regulations adopted by the community.
EXPANSION TO AN 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).
FEMA
Acronym for Federal Emergency Management Agency.
FIRM
Acronym for Flood Insurance Rate Map.
FLOOD ELEVATION DETERMINATION
A determination by the Administrator of the water surface
elevations of the base flood; that is, the flood level that has a
one percent (1%) chance of occurrence in any given year.
FLOOD FRINGE
That part of the floodplain as defined by the current FIRM
that is outside the designated floodway.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which the Flood Insurance
Study has delineated the flood hazard boundaries and the zones establishing
insurance rates applicable to the community.
FLOOD INSURANCE STUDY
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles as well as 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:
1.
The overflow of inland or tidal waters.
2.
The unusual and rapid accumulation
or runoff of surface waters from any source.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive
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 floodplain
and grading ordinances) and other applications of Police power. The
term describes such State or local regulations, in any combination
thereof that provide standards for the purpose of flood damage prevention
and reduction.
FLOODPROOFING
Any combination of structural and non-structural additions,
changes or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities or structures and their contents.
FLOODWAY FRINGE
That area of the floodplain outside of the floodway that
has a one percent (1%) chance of flood occurrence in any one (1) year.
FLOODWAY or 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
one (1) foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions such as wave action, clogged bridge opening
and the hydrological effect of urbanization of the watershed.
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 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, 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 (1) or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on site for greater than one hundred eighty (180) consecutive
days. For insurance purposes, the term "manufactured home" does not
include park trailers, travel trailers and other similar vehicles.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum to
which base flood elevations shown on a community's Flood Insurance
Rate Map 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 the floodplain management regulations adopted by a community 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 lot 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 floodplain
management regulations adopted by the community.
NFIP
Acronym for the National Flood Insurance Program.
PERSON
Any individual or group of individuals, corporation, partnership,
association or any other entity, including Federal, State and local
governments and agencies.
PRINCIPALLY ABOVE GROUND
At least fifty-one percent (51%) of the actual cash value
of the structure, less land value, is above ground.
PROGRAM DEFICIENCY
A defect in a community's floodplain management regulations
or administrative procedures that impairs effective implementation
of those floodplain management regulations.
RECREATIONAL VEHICLE
A vehicle which is:
1.
Built on a single chassis;
2.
Four hundred (400) square feet or
less when measured at the largest horizontal projections;
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.
REMEDY A VIOLATION
To bring the structure or other development into compliance
with State or local floodplain management regulations or, if this
is not possible, to reduce the impact of its non-compliance. Ways
that impact may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement
provisions of this Chapter or otherwise deterring future similar violations
or reducing Federal financial exposure with regard to the structure
or other development.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two (2)
separate occasions during a ten-year period for which the cost of
repairs at the time of each such flood event, equals or exceeds twenty-five
percent (25%) of the market value of the structure before the damage
occurred.
RISK PREMIUM RATES
Those rates established by the Administrator pursuant to
individual community studies and investigations which are undertaken
to provide flood insurance in accordance with Section 1307 of the
National Flood Disaster Protection Act of 1973 and the accepted actuarial
principles. "Risk premium rates" include provisions for operating
costs and allowances.
SPECIAL FLOOD HAZARD
An area having special flood hazards and shown on a FIRM
as Zones (unnumbered or numbered) A, AO, AE or AH.
START OF CONSTRUCTION
(For other than new construction or substantial improvements
under the coast barrier resources act (PUB. L. 97-348), includes substantial
improvement 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 one hundred eighty
(180) days of the permit date. The "actual start" means either placement
of permanent construction of a structure on a site, 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.
STATE EMERGENCY MANAGEMENT AGENCY
Agency of the State Government or other office designated
by the Governor of the State or by State Statute to assist in the
implementation of the NFIP in that State, also known as SEMA.
STRUCTURE
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home. "Structure" for insurance purposes, means a walled and roofed
building, other than a gas or liquid storage tank that is principally
above ground and affixed to a permanent site, as well as a manufactured
home on a permanent foundation. For the latter purpose, the term includes
a building while in the course of construction, alteration or repair,
but does not include building materials or supplies intended for use
in such construction, alteration or repair, unless such materials
or supplies are within an enclosed building on the premises.
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 the market value of the structure
before the damage occurred. The term includes repetitive loss buildings
(see definition). For the purposes of this definition, "repair" is
considered to occur when the first repair or reconstruction of any
wall, ceiling, floor, or other structural part of the building commences.
The term does not apply to:
1.
Any project for improvement of a
building required to comply with existing health, sanitary, or safety
code specifications which have been identified by the Code Enforcement
Official and which are solely 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; or
3.
Any improvement to a building.
SUBSTANTIAL IMPROVEMENT
Any combination of reconstruction, alteration, or improvement
to a building, taking place during a ten-year period, in which the
cumulative percentage of improvement equals or exceeds fifty percent
(50%) of the current market value of the building. For the purposes
of this definition, an improvement occurs when the first alteration
of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the building. This term includes structures, which have incurred
repetitive loss or substantial damage, regardless of the actual repair
work done. The term does not apply to:
1.
Any project for improvement of a
building required to comply with existing health, sanitary, or safety
code specifications which have been identified by the Code Enforcement
Official and which are solely 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"; or
3.
Any building that has been damaged
from any source or is categorized as repetitive loss.
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Recommend development of written
and adopted policy and procedure.
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VARIANCE
A grant of relief to a person from the requirements of this
Chapter which permits construction in a manner otherwise prohibited
by this Chapter where specific enforcement would result in unnecessary
hardship. Flood insurance requirements remain in place for any varied
use or structure and cannot be varied by the community.
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 by
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 National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified) of floods of
various magnitudes and frequencies in the floodplains of coastal riverine
areas.
ZONE A
Areas subject to inundation by the one-percent-annual-chance
flood event generally determined using approximate methodologies.
Because detailed hydraulic analyses have not been performed, no Base
Flood Elevations (BFEs) or flood depths are shown. Mandatory flood
insurance purchase requirements and floodplain management standards
apply.
ZONE AE
Areas subject to inundation by the one-percent-annual-chance
flood event determined by detailed methods. Base Flood Elevations
(BFEs) are shown. Mandatory flood insurance purchase requirements
and floodplain management standards apply.