Where terms are not defined in this chapter and are defined
in the Florida Building Code, such terms shall have the meanings ascribed
to them in that code.
Where terms are not defined in this chapter or the Florida Building
Code, such terms shall have ordinarily accepted meanings such as the
context implies.
Unless otherwise expressly stated, the following words and terms
shall, for the purposes of this chapter, have the following meanings:
ACCESSORY STRUCTURE
A structure on the same parcel of property as a principal
structure and the use of which is incidental to the use of the principal
structure. For floodplain management purposes, the term includes only
accessory structures used for parking and storage.
[Added 7-1-2021 by Ord. No. 2021-03]
ALTERATION OF A WATERCOURSE
A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the
channel or the channel capacity, or any other form of modification
which may alter, impede, retard or change the direction and/or velocity
of the riverine flow of water during conditions of the base flood.
APPEAL
A request for a review of the Floodplain Administrator's
interpretation of any provision of this chapter or a request for a
variance.
ASCE 24
A standard titled "Flood Resistant Design and Construction"
that is referenced by the Florida Building Code. ASCE 24 is developed
and published by the American Society of Civil Engineers, Reston,
Virginia.
BASE FLOOD
A flood having a one-percent chance of being equaled or exceeded
in any given year (also defined in FBC, B, Section 202). The base
flood is commonly referred to as the "one-hundred-year flood" or the
"one-percent-annual-chance flood."
BASE FLOOD ELEVATION
The elevation of the base flood, including wave height, relative
to the National Geodetic Vertical Datum (NGVD), North American Vertical
Datum (NAVD) or other datum specified on the Flood Insurance Rate
Map (FIRM) (also defined in FBC, B, Section 202).
BASEMENT
The portion of a building having its floor subgrade (below
ground level) on all sides (also defined in FBC, B, Section 202).
COASTAL HIGH-HAZARD AREA
A special flood hazard area extending from offshore to the
inland limit of a primary frontal dune along an open coast and any
other area subject to high-velocity wave action from storms or seismic
sources. Coastal high-hazard areas are also referred to as "high-hazard
areas subject to high-velocity wave action" or "V Zones" and are designated
on Flood Insurance Rate Maps (FIRMs) as Zone V1-V30, VE, or V (also
defined in FBC, B, Section 202).
DESIGN FLOOD
The flood associated with the greater of the following two
areas (also defined in FBC, B, Section 202):
A.
Area with a floodplain subject to a one-percent-or-greater chance
of flooding in any year; or
B.
Area designated as a flood hazard area on the community's flood
hazard map, or otherwise legally designated.
DESIGN FLOOD ELEVATION
The elevation of the design flood, including wave height,
relative to the datum specified on the community's legally designated
flood hazard map. In areas designated as Zone AO, the design flood
elevation shall be the elevation of the highest existing grade of
the building's perimeter plus the depth number (in feet) specified
on the flood hazard map. In areas designated as Zone AO where the
depth number is not specified on the map, the depth number shall be
taken as being equal to two feet (also defined in FBC, B, Section
202).
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, tanks,
temporary structures, temporary or permanent storage of equipment
or materials, mining, dredging, filling, grading, paving, excavations,
drilling operations or any other land-disturbing activities.
ENCROACHMENT
The placement of fill, excavation, buildings, permanent structures
or other development into a flood hazard area which may impede or
alter the flow capacity of riverine flood hazard areas.
FLOOD-DAMAGE-RESISTANT MATERIALS
Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage
that requires more than cosmetic repair (also defined in FBC, B, Section
202).
FLOOD HAZARD AREA
The greater of the following two areas (also defined in FBC,
B, Section 202):
A.
The area within a floodplain subject to a one-percent-or-greater
chance of flooding in any year.
B.
The area designated as a flood hazard area on the community's
flood hazard map, or otherwise legally designated.
FLOOD INSURANCE RATE MAP (FIRM)
The official map of the community on which the Federal Emergency
Management Agency has delineated both special flood hazard areas and
the risk premium zones applicable to the community (also defined in
FBC, B, Section 202).
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management
Agency that contains the Flood Insurance Rate Map, the Flood Boundary
and Floodway Map (if applicable), the water surface elevations of
the base flood, and supporting technical data (also defined in FBC,
B, Section 202).
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land from (also defined in FBC, B, Section
202):
A.
The overflow of inland or tidal waters.
B.
The unusual and rapid accumulation or runoff of surface waters
from any source.
FLOODPLAIN ADMINISTRATOR
The office or position designated and charged with the administration
and enforcement of this chapter (may be referred to as the "Floodplain
Manager").
FLOODPLAIN DEVELOPMENT PERMIT OR APPROVAL
An official document or certificate issued by the community,
or other evidence of approval or concurrence, which authorizes performance
of specific development activities that are located in flood hazard
areas and that are determined to be compliant with this chapter.
FLOODWAY
The channel of a river or other riverine 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 (also defined in FBC, B, Section 202).
FLOODWAY ENCROACHMENT ANALYSIS
An engineering analysis of the impact that a proposed encroachment
into a floodway is expected to have on the floodway boundaries and
base flood elevations; the evaluation shall be prepared by a qualified
Florida licensed engineer using standard engineering methods and models.
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, including only
docking facilities, port facilities that are necessary for the loading
and unloading of cargo or passengers, and ship-building and ship-repair
facilities; the term does not include long-term storage or related
manufacturing facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls or foundation of a structure.
HISTORIC STRUCTURE
Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter
12, Historic Buildings.
LETTER OF MAP CHANGE (LOMC)
An official determination issued by FEMA that amends or revises
an effective Flood Insurance Rate Map or Flood Insurance Study. Letters
of map change include:
A.
LETTER OF MAP AMENDMENT (LOMA)An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.
B.
LETTER OF MAP REVISION (LOMR)A revision based on technical data that may show changes to floor zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
C.
LETTER OF MAP REVISION BASED ON FILL (LOMR-F)A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.
D.
CONDITIONAL LETTER OF MAP REVISION (CLOMR)A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.
LIGHT-DUTY TRUCK
As defined in 40 CFR 86.082-2, any motor vehicle rated at
8,500 pounds gross vehicular weight rating or less which has a vehicular
curb weight of 6,000 pounds or less and which has a basic vehicle
frontal area of 45 square feet or less, which is:
A.
Designed primarily for purposes of transportation of property
or is a derivation of such a vehicle; or
B.
Designed primarily for transportation of persons and has a capacity
of more than 12 persons; or
C.
Available with special features enabling off-street or off-highway
operation and use.
LOWEST FLOOR
The lowest floor of the lowest enclosed area of a building
or structure, including basement, but excluding any unfinished or
flood-resistant enclosure, usable solely for vehicle parking, building
access or limited storage, provided that such enclosure is not built
so as to render the structure in violation of the nonelevation requirements
of the Florida Building Code or ASCE 24 (also defined in FBC, B, Section
202).
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is eight feet or more in width and greater than 400 square feet, and
which is built on a permanent, integral 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 or park trailer (also defined in 15C-1.0101, FAC).
MARKET VALUE
The price at which a property will change hands between a
willing buyer and a willing seller, neither party being under compulsion
to buy or sell and both having reasonable knowledge of relevant facts.
As used in this chapter, the term refers to the market value of buildings
and structures, excluding the land and other improvements on the parcel.
Market value may be established by a qualified independent appraiser,
actual cash value (replacement cost depreciated for age and quality
of construction), or tax assessment value adjusted to approximate
market value by a factor provided by the property appraiser.
NEW CONSTRUCTION
For the purposes of administration of this chapter and the
flood-resistant construction requirements of the Florida Building
Code, structures for which the start of construction commenced on
or after May 14, 1971, and includes any subsequent improvements to
such structures.
PARK TRAILER
A transportable unit which has a body width not exceeding
14 feet and which is built on a single chassis and is designed to
provide seasonal or temporary living quarters when connected to utilities
necessary for operation of installed fixtures and appliances (defined
in Section 320.01, FS).
RECREATIONAL VEHICLE
A vehicle, including a park trailer, which is [defined in
F.S. § 320.01(b)]:
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured at the largest
horizontal projection;
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.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
SPECIAL FLOOD HAZARD AREA
An area in the floodplain subject to a one-percent-or-greater
chance of flooding in any given year. Special flood hazard areas are
shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V
(also defined in FBC, B, Section 202).
START OF CONSTRUCTION
The date of issuance of permits for new construction and
substantial improvements, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other
improvement is within 180 days of the date of the issuance. The actual
start of construction means either the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns. Permanent construction does not include
land preparation (such as clearing, grading, or filling), the installation
of streets or walkways, excavation for a basement, footings, piers,
or foundations, the erection of temporary forms or the installation
of accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main buildings. 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
(also defined in FBC, B, Section 202).
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a building or structure
whereby the cost of restoring the building or structure to its before-damaged
condition would equal or exceed 50% of the market value of the building
or structure before the damage occurred (also defined in FBC, B, Section
202).
SUBSTANTIAL IMPROVEMENT
Any combination of repair, reconstruction, rehabilitation,
alteration, addition, or other improvement of a building or structure
taking place during a twelve-month period, the cumulative cost of
which equals or exceeds 50% of the market value of the building or
structure before the improvement or repair is started. The period
of accumulation begins when the first improvement or repair of each
building or structure is permitted subsequent to May 10, 2005. When
improvements are designed in anticipation of completion at a future
date, the cost of improvements shall include the cost of all work,
including work to be completed at a future date. If the structure
has incurred substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. For the
purpose of accumulating costs of improvements and repairs, during
the twelve-month period subsequent to an improvement, the cost to
repair damage caused by an act of God shall not be added to the cost
of that improvement, provided the costs are solely for repair and
do not include additional improvements. The term does not, however,
include either (also defined in FBC, B, Section 202):
A.
Any project for improvement of a building required to correct
existing health, sanitary, or safety code violations identified by
the Chief Building Official and that are the minimum necessary to
assure safe living conditions.
B.
Any alteration of an historic structure, provided the alteration
will not preclude the structure's continued designation as an historic
structure.
VARIANCE
A grant of relief from the requirements of this chapter,
or the flood-resistant construction requirements of the Florida Building
Code, which permits construction in a manner that would not otherwise
be permitted by this chapter or the Florida Building Code.
WATERCOURSE
A river, creek, stream, channel or other topographic feature
in, on, through, or over which water flows at least periodically.