The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. 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.
Appeal
means a request for a review of the floodplain administrator's interpretation of any provision of this article or a request for a variance.
Appurtenant structure, also referred to as an accessory building,
means a structure which 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 future conditions flood hazard
means the land area that would be inundated by the 1-percent-annual chance (100-year) flood based on future conditions hydrology.
Area of shallow flooding
means a designated AO, AH or VO zone on a community's flood insurance rate map with a one-percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of special flood hazard
means the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.
Base flood
means the flood having a one-percent chance of being equaled or exceeded in any given year.
Base flood elevation (BFE)
means the elevation shown on the flood insurance rate map (FIRM) and found in the accompanying flood insurance study (FIS) for zones A, AE, AH, A1-A30, AR, V1-V30 or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of being equaled or exceeded in any given year - also called the base flood.
Basement
means any area of the building having its floor subgrade below ground level on all sides.
Breakaway walls
means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
Coastal high hazard area
means the area subject to high velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as zone V1-30, VE or V.
Critical feature
means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
Development
means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations or storage of equipment or materials.
Elevated building
means, 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.
Enclosure
means a fully enclosed area below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement. To qualify as an enclosure, the area must meet the non-elevation design requirements of 44 CFR 60.3. See also the definition of lowest floor.
Existing construction, for the purposes of determining rates,
means 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
means 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 July 1, 1990.
Expansion to an existing manufactured home park or subdivision
means 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).
Flood insurance rate map (FIRM)
means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
Flood insurance study
means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the flood boundary-floodway map.
Flood elevation study
means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Flood or flooding
means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) 
The overflow of inland or tidal waters.
(2) 
The unusual and rapid accumulation or runoff of surface waters from any source.
Flood protection system
means those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards.
Floodplain management
means 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
means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, or any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Floodplain or floodprone
area means any land area susceptible to being inundated by water from any source (see flooding).
Floodproofing
means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Functionally dependent
use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long term storage or related manufacturing facilities.
Highest adjacent grade
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic structure
means 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.
(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.
Levee
means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
Levee system
means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
Lowest floor
means 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 non-elevation design requirements of this article (see sections 50-77(2), (3), 50-79(2), 50-80(4)).
Manufactured home
means a structure, transportable in one or more sections, which 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.
Manufactured home park or subdivision
means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
Mean sea level, for the purposes of the National Flood Insurance Program,
means the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.
New construction, for floodplain management purposes,
means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
New manufactured home park or subdivision
means 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 on or after July 1, 1990.
Recreational vehicle
means a vehicle which is:
(1) 
Built on a single chassis;
(2) 
Four hundred square feet or less when measured at the largest horizontal projection;
(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.
Regulatory floodway
means 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 a designated height.
Riverine
means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Sand dunes
means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
Start of construction
(for other than new construction or substantial improvements under the Coastal Barrier Resources Act [P.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 improvement was within 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 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 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.
Structure
means a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.
Substantial damage
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before damaged would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial improvement
means any reconstruction, rehabilitation, addition or improvement of a structure, the cost of which equals or exceeds 50 percent 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 which have been identified by the local code enforcement official and which are the minimum necessary to ensure 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
means a grant of relief to a person from the requirements of Section 60.6 of the National Flood Insurance Program regulations when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this article.
Violation
means 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, or other certifications, or other evidence of compliance as required is presumed to be in violation until such time as that documentation is provided.
Water surface elevation
means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ordinance 857, art. 2, 5-22-90; Ordinance 1658, § 1, 1-12-16)
The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled "The Flood Insurance Study (FIS) for Aransas County, Texas and Incorporated Areas," dated February 17, 2016, with accompanying flood insurance rate maps (FIRM), dated February 17, 2016, and any revisions thereto are hereby adopted by reference and declared to be a part of this article.
(Ordinance 857, art. 3, § B, 5-22-90; Ordinance 1658, § 1, 1-12-16)
No structure or land shall be located, altered or have its use changed without full compliance with the terms of this article and other applicable regulations.
(Ordinance 857, art. 3, § D, 5-22-90; Ordinance 1658, § 1, 1-12-16)
This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and another provision conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ordinance 857, art. 3, § E, 5-22-90; Ordinance 1658, § 1, 1-12-16)
In the interpretation and application of this article, all provisions shall be considered as minimum requirements; liberally construed in favor of the governing body; and deemed neither to limit nor repeal any other powers granted under state statutes.
(Ordinance 857, art. 3, § F, 5-22-90; Ordinance 1658, § 1, 1-12-16)
(a) 
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 manmade or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages.
(b) 
This article shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
(Ordinance 857, art. 3, § G, 5-22-90; Ordinance 1658, § 1, 1-12-16)
Any person who violates any provision of this article shall be guilty of a misdemeanor, and upon conviction shall be fined as provided in section 1-7(a). The city may also direct the city attorney to bring a civil action in a court of competent jurisdiction to enforce the provisions of this article.
(Ordinance 857, art. 6, § A, 5-22-90; Ordinance 1658, § 1, 1-12-16)