§ 5.52.050. Definitions
Unless specifically defined below, 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 is most reasonable application.
A.
Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for variance.
B.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood").
C.
Basement means any area of the building having its floor subgrade (below ground level) on all sides.
D.
Breakaway walls are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which are not part of the structural support of the building and which are designed to break away under abnormally high tides or wave action 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 flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
1.
Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
2.
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.
E.
Development means any man-made change, improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filing, grading, paving, excavation or drilling operation and storage of equipment or materials.
F.
Encroachment means the advance or infringement of uses, plant growth, fill excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
G.
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1.
The overflow of flood waters;
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 anticipated cyclical levels or suddenly caused by an usually high 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 this definition.
H.
Flood boundary and floodway map means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
I.
Flood insurance rate map (FIRM) means 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 to the community.
J.
Flood insurance study means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood.
K.
Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see definition of "flooding").
L.
Floodplain administrator is the individual appointed to administer and enforce the floodplain management regulations.
M.
Floodplain management means the operation of any overall program of corrective and preventative measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, included but not limited to emergency preparedness plans, flood control works and flood management regulations, and or open space plans.
N.
Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinances, grading ordinances and erosion control ordinances) and other applications of police power which control developments in flood-prone areas. This term describes such federal, state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
O.
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.
P.
Fraud and victimization as related to section 5.52.260, conditions for variances, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the (community governing body) will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
Q.
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.
R.
Governing body is the local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
S.
Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
T.
Historic structure means 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 listings in 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 stated inventory of historic places in state 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 stated program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.
U.
Lowest floor means the lowest floor of the lowest enclosed area, "including basement" (see basement definition).
1.
An unfinished 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 on violation of the application non-elevation design requirements of this chapter, including, but not limited to:
a.
The wet floodproofing standards in section F5.1.C.3.
b.
The anchoring standards in section 5.1.A.
c.
The construction materials and methods standards in section 5.1.B.
d.
The standards for utilities in section 5.2.
2.
For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements (see "basement" definition). This prohibition includes below-grade garages and storage areas.
V.
Manufactured home means a structure, transportable in one or more section, 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. The term "manufactured home" does not include a "recreational vehicle."
W.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
X.
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 blood elevations shown on a community's flood insurance rate map are referenced.
Y.
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 this community, and includes any subsequent improvement to such structures.
Z.
One hundred year flood or 100-year flood means a flood which has a one (1) percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter.
AA.
Person means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.
BB.
Public safety and nuisance as related to section 5.52.260, conditions for variances, of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
CC.
Recreational vehicle means a vehicle which is
1.
Built on a single chassis;
2.
400 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.
DD.
Remedy a violation means to bring a 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 damage, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to structure or other development.
EE.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
FF.
Special flood hazard area (SFHA) means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as zone A, A1-30, AE or A99.
GG.
Start of construction includes substantial improvement, and means that the date the building permit was issued, provided the actual start of construction, repair, construction, placement, or other improvements was within 180 of the permit date. The actual start means either the first pouring of slab or footings, the installation of piles, the construction of 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 foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as 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 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.
HH.
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.
II.
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.
JJ.
Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 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.
For the purpose 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.
KK.
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.
LL.
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, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.