[R.O. 2011 §415.040; Ord. No. 623 §12, 11-18-1991]
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.
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.
Request for a review of the City Administrator's interpretation
of any provision of this Chapter or a request for a variance.
A designated AO or AH zone on a community's Flood Insurance
Rate Map (FIRM) with a one percent (1%) or greater annual chance of
flooding to an average depth of one (1) to three (3) feet where a
clearly defined channel is unpredictable and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow.
The land in the flood plain within a community subject to
one percent (1%) or greater chance of flooding in any given year.
The flood having one percent (1%) chance of being equalled
or exceeded in any given year.
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.
(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's effective before that
date. "Existing construction" may also be referred
to as "existing structures."
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.
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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from (1) the overflow of inland
or tidal waters, or (2) the unusual and rapid accumulation of runoff
of surface waters from any source.
That area of the flood plain, outside of the floodway, that
on the average is likely to be flooded once every one hundred (100)
years (i.e., that has a one percent (1%) chance of flood occurrence
in any one (1) year).
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 factor of safety usually expressed in feet above a flood
level for purposes of flood plain 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
openings and the hydrological effect of urbanization of the watershed.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
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:
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
flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles
placed on a 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.
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
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 flood plain management purposes, "new
construction" means structures for which the "start
of construction" commenced on or after the effective date
of a flood plain management regulation adopted by a community and
includes any subsequent improvements to such structures.
A district in which additional requirements act in conjunction
with the underlying zoning district (s). The original zoning district
designation does not change.
(For other than new construction or substantial improvements
under the Coastal 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 improvements was within
one hundred eighty (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, 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.
A walled and roofed building that is principally above ground,
as well as a manufactured home, and a gas or liquid storage tank that
is principally above ground.
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.
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 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:
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
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 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.
