[Ord. No. 94, 12-7-2004]
Unless specifically defined below, words 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. (NOTE: Some of these terms are not used elsewhere in
this Chapter, but are terms used in the National Flood Insurance Program
(NFIP). The definitions are reproduced here for the convenience of
all.)
AGENCY
The Federal Emergency Management Agency (FEMA).
APPEAL
A written request for review of the Floodplain Administrator's
interpretation of any provision of this Chapter, or any 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 the Village that is subject
to a one-percent or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASEMENT
Any area of a building having its floor subgrade (below ground
level) on all sides.
COMMUNITY
(Depending upon context) any State or area or political subdivision
thereof, which has authority to adopt and enforce floodplain management
regulations for the areas within its jurisdictions, or it means the
particular community of Kingdom City, Missouri.
DEVELOPMENT
Any man-made 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.
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 CONSTRUCTION
For the purpose of determining rates, structures for 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 or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (such as the installation of utilities, the construction
of streets or roads, final site grading, or the pouring of concrete
pads) is completed before the effective date of this Chapter.
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 (such as the installation of utilities, the construction
of streets or roads, final site grading, or the pouring of concrete
pads).
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of the Village, issued by the Administrator,
where the boundaries of the flood areas having special flood hazards
have been designated as (unnumbered or numbered) A zones.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of the Village, on which the Administrator
has delineated both the special flood hazard areas and the risk premium
zones applicable to citizens and property owners of the Village.
FLOOD OR FLOODING
A general and temporary condition of partial or complete
inundation of normally dry areas from:
1.
The overflow of inland; and/or
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
Any zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as this
floodplain ordinance or any 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.
FUNCTIONALLY DEPENDENT USE
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.
HISTORIC STRUCTURE
Any structure that is:
1.
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;
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 floodproofing design requirements of this Chapter.
MANUFACTURED HOME
A structure, transportable in one (1) or more sections, that
is built on a permanent chassis and 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.
MAP
The Flood Hazard Boundary Map (FHBM) or the Flood Insurance
Rate Map (FIRM) for the Village issued by the Federal Emergency Management
Agency (FEMA).
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program (NFIP)
and this Chapter, the National Geodetic Vertical Datum (NGVD) of 1929
or other datum, to which base flood elevations shown on the Village's
Flood Insurance Rate Map (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
the floodplain management regulations adopted by the Village (i.e.,
this Chapter) and includes any subsequent changes 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 (such as the installation of utilities, the construction
of streets or roads, final site grading, or the pouring of concrete
pads) is substantially completed on or after the effective date of
this Chapter.
NFIP
National Flood Insurance Program.
PERSON
Includes 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.
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 Federal, State, or local floodplain management regulations; or,
if this is not possible, to reduce the impacts of its non-compliance.
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 includes provisions for operating costs
and allowances.
SPECIAL HAZARD AREA
Any area having special flood hazards and shown on an FHBM
or FIRM as (unnumbered or numbered) A zones or AE Zones.
START OF CONSTRUCTION
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 placement of permanent construction
of a structure on a site, such as the pouring of slabs or footings,
the installation of pipes, the construction of columns, any work beyond
the state 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 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.
STATE COORDINATING AGENCY
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.
STRUCTURE
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. For insurance purposes, 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 predamaged condition would equal
or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other alteration
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: (1) 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 (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 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.
VIOLATION
The failure of a structure or other development to be fully
compliant with the Village's floodplain management regulations. A
structure or other development without the elevation certificate,
other certification, or other evidence of compliance required by this
Chapter is in violation until such time as that documentation is provided.