Unless specifically defined below, words or phrases used in
this article shall be interpreted to give them the meaning they have
in common usage and to give this article its most reasonable application.
A request for a review of the code enforcement officer’s
interpretation of any provision of this article or a request for a
variance.
A designated AO zone on a community’s flood insurance
rate map (FIRM) with base flood depths from one (1) to three (3) feet.
This condition occurs where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate, and
where velocity flow may be evident.
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 one percent (1%) chance of being equaled
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.
A parcel (or contiguous parcels) of land divided into two
(2) or more mobile home lots for rent or sale for which the construction
of facilities for servicing the lot on which the mobile home is to
be affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the
construction of streets) was completed before June 2nd, 1977.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the mobile homes are to
be affixed (including the installation of utilities, either final
site grading or pouring of concrete pads, or the construction of streets).
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 Federal Insurance
Administration, where the areas within the boundaries of special flood
hazards have been designated as zone A.
An official map of a community, on which the Federal Insurance
Administration has delineated both the areas of special flood hazards
to and the risk premium zones applicable to the community.
The official report provided by the Federal Insurance Administration.
The report contains flood profiles and the water surface elevation
of the base flood, as well as the flood hazard boundary-floodway map.
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.
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
A floor used for storage purposes only is not a “habitable floor.”
The average height of the sea for all stages of the tide.
A structure, transportable in one (1) or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. It
does not include recreational vehicles or travel trailers.
A parcel (or contiguous parcels) of land divided into two
(2) or more mobile home lots for rent or sale for which the construction
of facilities for servicing the lot on which the mobile home is to
be affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the
construction of streets) was completed on or after June 2nd, 1977.
The first placement of permanent construction of a structure
(other than a mobile home) on a site, such as the pouring of slabs
or footings or any work beyond the stage of the excavation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; 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 a part of the main structure. For a structure (other than a
mobile home) without a basement or poured footings, the “start
of construction” includes the first permanent framing or assembly
of the structure or any part thereof on its piling or foundation.
For mobile homes not within a mobile home park or mobile home subdivision, “start
of construction,” means the affixing of the mobile home to its
permanent site. For mobile homes within mobile home parks or mobile
home subdivisions, “start of construction” is the date
on which the construction of facilities for servicing the site on
which the mobile home is to be affixed (including, at a minimum, the
construction of streets, either final site grading or the pouring
of concrete pads, and installation of utilities) is completed.
A walled or roofed building that is principally above ground,
as well as a mobile home.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure either before the improvement or repair is
started or, if the structure has been damaged and is being restored,
before the damage occurred. For the purposes of this definition, “substantial
improvement” is considered to occur 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 structure. The term does not, however, include either any project
for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary
to assure safe living conditions, or any alteration of a structure
listed on the National Register of Historic Places or any state inventory
of historic places.
A grant of relief to a person from the requirements of this
article when specific enforcement would result in unnecessary hardships.
A variance, therefore, permits construction or development in a manner
otherwise prohibited by this article.
(2003 Code, sec. 8.1)
This article shall apply to all areas of special flood hazard
within the jurisdiction of the city.
(2003 Code, sec. 8.2)
No structure or land shall hereafter be located, altered, or
have its use substantially changed without full compliance with the
terms of this article and other applicable regulations.
(2003 Code, sec. 8.3)
The areas of special flood hazard identified by the Federal
Insurance Administration on its flood hazard boundary map (FHBM),
#480429A, dated February 1st, 1974, and any revisions thereto, are
hereby adopted by reference and declared to be a part of this article.
(2003 Code, sec. 8.4)
This article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this article and another ordinance conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(2003 Code, sec. 8.5)
In the interpretation and application of this article, all provisions
shall be:
(1)
Considered
as minimum requirements;
(2)
Liberally
construed in favor of the governing body; and
(3)
Deemed
neither to limit nor repeal any other powers granted under state statutes.
(2003 Code, sec. 8.6)
The degree of flood protection required by this article is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. On rare occasions, greater floods can
and will occur, and flood heights may be increased by man-made or
natural causes. This article does not imply that land outside the
areas of special flood hazards or uses permitted within such areas
will be free from flooding or flood damages. This article shall not
create liability on the part of the city, or any officer or employee
thereof, for any flood damages that result from reliance on this article
or any administrative decision lawfully made thereunder.
(2003 Code, sec. 8.7)
