[R.O. 2014 §440.260; Ord. No. 986 Art. 8, 8-8-2002]
Unless specifically defined below, works or phrases used in
this Chapter shall be interpreted so as to give them the same meaning
they have in common usage and to give this Chapter its most reasonable
application.
See "BASE FLOOD".
The same as "APPURTENANT STRUCTURE".
See "RISK PREMIUM RATES".
The Federal Insurance Administrator.
The Federal Emergency Management Agency (FEMA).
Agricultural products and livestock.
Any structure used exclusively in connection with the production
harvesting, storage, drying or raising of agricultural commodities.
A request for review of the Floodplain Administrator's interpretation
of any provision of this Chapter or a request for a variance.
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.
The land in the floodplain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
See "STRUCTURE".
The official of the community who is charged with the authority
to implement and administer laws, ordinances and regulations for that
community.
Any State or area or political subdivision thereof which
has authority to adopt and enforce floodplain management regulations
for the areas within its jurisdiction.
Any manmade change to improved or unimproved real estate
including, but not limited to, buildings or other structures, levees,
levee systems, mining, dredging, filling, grading, paving, excavation
or drilling operations, or storage of equipment or materials.
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.
A community for which the Administrator has authorized the
sale of flood insurance under the National Flood Insurance Program
(NFIP).
For the purposes of determining rates, structures for which
the "start of construction" commenced before the effective date of
the FIRM or before January 1, 1975, for
FIRM effective before that date. "Existing construction" may also be referred to as "existing structures".
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 a community.
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).
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An official map of a community, issued by the Administrator,
where the boundaries of the flood areas having special flood hazards
have been designated as (unnumbered or numbered) A Zones.
An official map of a community on which the Administrator
has delineated both the special flood hazard areas and the risk premium
zones applicable to the community.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
Any land area susceptible to being inundated by water from
any source (See "FLOODING").
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.
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.
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.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. This term includes
only docking facilities and facilities that are necessary for the
loading and unloading of cargo or passengers but does not include
long-term storage or related manufacturing facilities.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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 floodproofing design requirements of this Chapter.
A structure, transportable in one (1) or more sections, that
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".
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
The Flood Hazard Boundary Map (FHBM) or the Flood Insurance
Rate Map (FIRM) for a community issued by the Federal Emergency Management
Agency (FEMA).
An estimate of what is fair, economic, just and equitable
value under normal local market conditions.
For purposes of the National Flood Insurance Program (NFIP),
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 (FIRM) are referenced.
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.
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.
The National Flood Insurance Program (NFIP).
A community in which the Administrator has authorized the
sale of flood insurance.
Any individual or group of individuals, corporation, partnership,
association or any other entity, including Federal, State and local
governments and agencies.
At least fifty-one percent (51%) of the actual cash value
of the structure, less land value, is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
To bring the structure or other development into compliance
with Federal, State or local floodplain management regulations or,
if this is not possible, to reduce the impacts of its non-compliance.
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.
If any section, clause, provision, or portion of this Chapter
is adjudged unconstitutional or invalid by a court of appropriate
jurisdiction, the remainder of this Chapter shall not be affected
thereby.
See "AREA OF SPECIAL FOOD HAZARD".
An area having special flood hazards and shown on an FHBM
or FIRM as Zones (unnumbered or numbered) A, AO, AE or AH.
Includes substantial improvements and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement, or other
improvements were within one hundred eighty (180) days of the permit
date. The "actual start" means either the first (1st)
placement of permanent construction of a structure on a site, such
as the pouring of slabs or footings, the installation of piles, the
construction of columns, 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, the installation of streets and/or walkways,
excavation for a basement, footings, piers, foundations, the erection
of temporary forms, nor 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
(1st) 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.
That agency of the State Government or other office designated
by the Governor of the State or by State Statute at the request of
the Administrator to assist in the implementation of the National
Flood Insurance Program (NFIP) in that State.
For floodplain management purposes, 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.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to pre-damaged condition would equal
or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure before "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:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
that have been identified by the local Code Enforcement Official and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
A grant of relief by the community from the terms of a floodplain
management regulation. Flood insurance requirements remain in place
for any varied use or structure and cannot be varied by the community.
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.
