§ 26-29. Definitions.

Terms or words as used in this chapter shall have the meaning as defined in 44 Code of Federal Regulations (CFR), Chapter 1, Subchapter B, Insurance and Hazard Mitigation, National Flood Insurance Program, Part 59—General Provisions, Subpart A—General unless specifically defined below. Words or phrases used in this article not defined in 44 CFR or below shall be interpreted so as to give them the same meanings as they have in common usage and so as to give this article its most reasonable applications:

(1)

Areas of Shallow Flooding: The land within the County designated AO and AH on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) foot to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

(2)

Base flood: A flood which has a one (1) percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this article.

(3)

Base flood elevation (BFE): The elevation shown on the Flood Insurance Rate Map for Zones AE and AH that indicates the water surface elevation resulting from a flood that has a one (1) percent or greater chance of being equaled or exceeded in any given year.

(4)

Basement: Any area of the building having its floor subgrade—i.e., below ground level—on all sides.

(5)

Development: Any manmade change to improved or unimproved real estate, including but not limited to the placement, construction, reconstruction, removal or abandonment of any building or other structure or encroachment, or agricultural practice, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials, except agricultural practices which can be demonstrated not to increase flood levels upstream or downstream.

(6)

Encroachment: Any obstruction or physical intrusion, including, but not limited to those caused by a building or other structure, or by the planting, abandonment or removal of vegetation or development into a floodplain which may impede or alter the flow capacity of a floodplain (except planting or removal of vegetation for agricultural purposes and which can be demonstrated not to increase flood levels upstream or downstream).

(7)

Flood: A temporary rise in a stream's flow or state that results in water overflowing its banks and inundating areas adjacent to the channel, or an unusual and rapid accumulation of runoff or surface waters from any source.

(8)

Flood insurance rate map (FIRM): The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable.

(9)

Flood insurance study: The official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

(10)

Floodproofing: Any combination of structural and nonstructural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

(11)

Floodway: 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.

(12)

Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(13)

Historic structure: Any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of 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 Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

(14)

Lowest adjacent grade: The lowest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(15)

Lowest floor: 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 any 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 elevated design requirements of this article.

(16)

Manufactured home: For the purposes of this article, 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 and does not include a recreational vehicle, or travel trailer.

(17)

Manufactured home park (subdivision): "Manufactured home subdivision" means a parcel (or contiguous parcels) of land which has been divided into two (2) or more lots for rent or sale and the placement of manufactured homes.

(18)

New construction: For the purposes of this article, means structures for which the "start of construction" commenced on or after the effective date of flood plain management regulations adopted by this county, and includes any subsequent improvements to such structures.

(19)

Recreational vehicle: A vehicle which is:

a.

Built on a single chassis;

b.

Four hundred (400) 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.

(20)

Special flood hazard area (SFHA): An area in the floodplain subject to a one (1) percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, AE, or AH.

(21)

Start of construction: Means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one (1) year from the date of the permit. 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 or prefabricated building 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 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.

(22)

Structure: A walled and roofed structure, including a gas or liquid storage tank that is principally above the ground, including but without limitation to buildings, factories, sheds, cabins, and manufactured homes.

(23)

Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

(24)

Substantial improvement: Means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. The substantial improvement cost is cumulative and includes all improvements that are not listed below as being excepted and that have occurred within the proceeding five (5) years. 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 existing violations or 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 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."

(25)

Violation: The failure of a structure or other development to be fully compliant with this article. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided.

(26)

100-year flood: The condition of flooding having a one (1) percent chance of annual occurrence.

(Ord. No. 2343, § 1, 3-18-83; Ord. No. 2588, § 3, 4-7-87; Ord. No. 2775, § 5, 9-12-89; Ord. No. 3270, § 5, 6-25-96; Ord. No. 3598, § 1, 4-11-00; Ord. No. 3849, §§ 5—6, 4-22-03)

(Ord. No. 4033, § 4, 9-13-11; Ord. No. 4041, § 4, 3-27-12)