Unless specifically defined below, words or phrases used in Division II of this title shall be interpreted so as to give them the meaning they have in common usage and to give this division its most reasonable application.
(Ord. 1210 § 3 (2.0 (part)), 1987)
"Appeal"
means a request for a review of the city engineer's interpretation of any provision of this division or a request for a variance.
(Ord. 1210 § 3 (2.0 (1)), 1987)
"Area of shallow flooding"
means a designated AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
(Ord. 1210 § 3 (2.0 (2)), 1987)
"Breakaway walls"
means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
A. 
Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
B. 
The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
(Ord. 1210 § 3 (2.0 (6)), 1987)
"Development"
means 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.
(Ord. 1210 § 3 (2.0 (7)), 1987)
"Encroachment"
means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain that may impede or alter the flow capacity of a floodplain.
(Ord. 1483 § 4, 2006)
"Flood" or "flooding"
means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of floodwaters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
(Ord. 1210 § 3 (2.0 (8)), 1987)
"Floodplain management regulations"
means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
(Ord. 1210 § 3 (2.0 (14)), 1987)
"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.
(Ord. 1210 § 3 (2.0 (15)), 1987)
"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 one foot. Also referred to as "Regulatory floodway."
(Ord. 1210 § 3 (2.0 (16)), 1987)
"Historic structure"
means any structure that is:
A. 
Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
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;
C. 
Individually listed on a state inventory of historic places pursuant to an historic preservation program that has been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places pursuant to an historic preservation program that has been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior if there is no approved state program.
(Ord. 1483 § 6, 2006)
"Lowest floor"
means the lowest floor of the lowest enclosed area, including basement.
A. 
An unfinished or flood resistant enclosure below the lowest floor that is useable 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 it conforms to applicable non-elevation design requirements, including, but not limited to:
1. 
The wet flood proofing standards in Section 18.220.010(C) of this division;
2. 
The anchoring standards in Section 18.220.010(A) of this division;
3. 
The construction materials and methods standards in Section 18.220.010(B) of this division;
4. 
The standards for utilities in Section 18.220.020 of this division.
B. 
For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. This prohibition includes below-grade garages and storage areas.
(Ord. 1210 § 3 (2.0 (18)), 1987; Ord. 1483 § 7, 2006)
"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 connected to the required utilities. For floodplain 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 consecutive days.
(Ord. 1210 § 3 (2.0 (19)), 1987)
"Mean sea level"
means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
(Ord. 1210 § 3 (2.0 (21)), 1987)
"New construction"
means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the city of Buena Park.
(Ord. 1210 § 3 (2.0 (22)), 1987)
"Obstruction"
means, but is not limited to, any dam, wall, wharf, embankment, levy, dyke, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any water course which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried down stream.
(Ord. 1483 § 8, 2006)
"Person"
means an individual or his or her agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or the state or its agencies or political subdivisions.
(Ord. 1210 § 3 (2.0 (24)), 1987)
"Recreational vehicle"
means a vehicle that is:
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 a temporary living quarters for recreational, camping, travel or seasonal use.
(Ord. 1483 § 9, 2006)
"Remedy a violation"
means to bring the structure or other development into compliance with state or local floodplain management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
(Ord. 1210 § 3 (2.0 (25)), 1987)
"Start of construction"
includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty 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 a basement, footing, 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.
(Ord. 1210 § 3 (2.0 (28)), 1987)
"Structure"
means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
(Ord. 1210 § 3 (2.0 (29)), 1987)
"Substantial damage"
means 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 of the market value of the structure before the damage occurred.
(Ord. 1483 § 10, 2006)
A. 
"Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:
1. 
Before the improvement or repair is started; or
2. 
If the structure has been damaged, and is being restored, before the damage occurred.
B. 
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:
1. 
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
2. 
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
(Ord. 1210 § 3 (2.0 (30)), 1987)
"Variance"
means a grant of relief from the requirements of this division which permits construction in a manner that would otherwise be prohibited by this division.
(Ord. 1210 § 3 (2.0 (31)), 1987)
"Violation"
means the failure of a structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this division is presumed to be in violation until such time as that documentation is provided.
(Ord. 1210 § 3 (2.0 (32)), 1987)