Unless specifically defined in this article, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage, and to give this chapter its most reasonable application.
(Ord. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"Appeal"
means a request for a review of the city's interpretation of any provision of this chapter, or a request for a variance.
(Ord. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"Base flood"
means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "100-year flood").
(Ord. 1208 § 1 (Exh. A), 2020)
"Basement"
means any area of the building having its floor subgrade (below ground level) on all sides. See LFPMC § 16.20.410, Residential construction, for usage of this defined term.
(Formerly 16.20.135; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"Critical facility"
means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.
(Formerly 16.20.140; Ord. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"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, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.
(Formerly 16.20.150; Ord. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"Flood" or "flooding"
means:
A. 
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.
3. 
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (A)(2) of this section and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
B. 
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 an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (A)(1) of this section.
(Formerly 16.20.160; Ord. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"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. Also known as a flood insurance study (FIS).
(Ord. 1208 § 1 (Exh. A), 2020)
"Flood insurance study"
means the official report provided by the Federal Insurance Administrator that includes flood profiles, the flood boundary floodway map, and the water surface elevation of the base flood.
(Formerly 16.20.180; Ord. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"Floodproofing"
means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation (BFE).
(Ord. 1208 § 1 (Exh. A), 2020)
"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.
(Formerly 16.20.190; Ord. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"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, and does not include long-term storage or related manufacturing facilities.
(Ord. 1208 § 1 (Exh. A), 2020)
"Historic structure"
means any structure that is:
A. 
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;
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 in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. 
By an approved state program as determined by the Secretary of the Interior; or
2. 
Directly by the Secretary of the Interior in states without approved programs.
(Ord. 1208 § 1 (Exh. A), 2020)
"Lowest floor"
means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the 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 nonelevation design requirements of LFPMC § 16.20.410(B).
(Ord. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"Manufactured home"
means a structure, transported 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 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.
(Ord. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"Mean sea level"
means, for purposes of the National Flood Insurance Program (NFIP), the vertical datum to which base flood elevations (BFE) shown on a community's flood insurance rate map (FIRM) are referenced.
(Ord. 1208 § 1 (Exh. A), 2020)
"New construction"
means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial flood insurance rate map 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 a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
(Ord. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"Recreational vehicle"
means a vehicle:
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. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"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 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 a basement, footings, piers or foundation, 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. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"Structure"
means a walled and roofed building including a gas or liquid storage tank that is principally above ground.
(Ord. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"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 50 percent of the market value of the structure before the damage occurred.
(Ord. 1208 § 1 (Exh. A), 2020)
"Substantial improvement"
means any reconstruction, rehabilitation, addition, or other 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:
A. 
Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or
B. 
Any alteration of a "historic structure"; provided, that the alteration will not preclude the structure's continued designation as a "historic structure."
(Ord. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"Variance"
means a grant of relief from the requirements of this chapter, which permits construction in a manner that would otherwise be prohibited by this chapter.
(Ord. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)
"Water dependent"
means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.
(Ord. 419 § 2, 1989; Ord. 937 § 1, 2005; Ord. 1208 § 1 (Exh. A), 2020)