§ 110-26. Definitions.

Unless specifically defined in this section, 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. 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:

Act means the National Flood Insurance Act of 1968 as hereinafter amended.

Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high velocity flows; active processes of erosion, sediment transport and deposition; and unpredictable flow paths.

Anchored means adequately secured to prevent flotation, collapse, or lateral movement.

Apex means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Appeal means a request for review of the floodplain administrator's interpretation of any section of this article.

Appurtenant structure means an accessory 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 that is no larger than 500 square feet and constructed below the base flood elevation. Examples of appurtenant structures include detached garages, sheds and storage buildings.

Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH or VO zone on the community's flood insurance rate map (FIRM) 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.

Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year.

Base flood depth (BFD) means the depth shown on the flood insurance rate map for zone AO that indicates the depth of water above highest adjacent grade resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year.

Base flood elevation or BFE means the elevation of surface water resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year. The BFE is shown on the flood insurance rate map for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE.

Basement means any area of a building having its floor subgrade (below ground level) on all sides.

Binder means a temporary agreement between company, agent/producer, and insured that the policy is in effect. The NFIP does not recognize binders. However, for informational purposes only, the NFIP recognizes certificates of insurance and similar forms for renewal policies.

Breakaway wall means a wall that is not part of the structural support of a 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 AE zone means the area subject to inundation by the one-percent annual-chance flood event that is also within the area of limited to moderate wave action as shown on the community's FIRM.

Coastal high hazard area means an area of special flood hazard areas along the coasts that have additional hazards due to wind and wave action. These areas are identified on flood insurance rate maps as zones V, V1-V30, and VE.

Community means a political entity that has the authority to adopt and enforce floodplain regulations for the area under its jurisdiction.

Community rating system or CRS means a program developed by FEMA to provide incentives for those communities in the regular program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.

Countywide map means a flood insurance rate map that shows flooding information for the entire geographic area of a county, including the incorporated communities within the county.

Crawlspace means an under-floor space that has its interior floor area (finished or not) no more than five feet below the top of the next-higher floor. Crawlspaces generally have solid foundation walls.

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 in 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.

Development permit means a permit obtained to improve a property or a structure within the city's jurisdiction.

Elevated building means a building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Emergency program means the initial phase of a community's participation in the NFIP. During this phase, only limited amounts of insurance are available under the Act.

Enclosure means that portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by rigid walls.

Erosion means the collapse, undermining, or subsidence of land along the shore of a lake or other body of water. Erosion is a covered peril if it is caused by waves or currents of water exceeding their cyclical levels which result in flooding.

Existing construction or existing structures means for the purposes of determining rates, 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.

Federal Emergency Management Agency (FEMA) means the federal agency under which the NFIP is administered. In March 2003, FEMA became part of the newly created U.S. Department of Homeland Security.

Flood means a general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties, at least one of which is the policyholder's property, from:

(1)

Overflow of inland or tidal waters;

(2)

Unusual and rapid accumulation or runoff of surface waters from any source;

(3)

Mudflow; or

(4)

Collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined above.

Flood insurance rate map or FIRM means the official map of a community on which FEMA has delineated the special flood hazard areas, the base flood elevations, and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the FEMA containing flood profiles, the water surface elevation of the base flood, as well as the flood boundary-floodway map.

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 special flood-modifying works are those constructed in conformance with sound engineering standards.

Floodplain means any land area susceptible to being inundated by floodwaters from any source.

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, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

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.

Floodway or 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.

Freeboard means an additional amount of height above the base flood elevation used as a factor of safety (e.g., two feet above the base flood) in determining the level at which a building's lowest floor must be elevated or floodproofed to be in accordance with state or community floodplain management regulations.

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 shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Grade elevation means the lowest or highest finished ground level that is immediately adjacent to the walls of the building. For zone AO and zone A (without BFE), the grade elevation shall be determined by using natural (pre-construction), ground level.

Historic building means any building 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; or

(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 of the Interior to qualify as a registered historic district; or

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of the Interior; or

(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.

Letter of map amendment or LOMA means an amendment to the currently effective FEMA map which establishes that a property is not located in a special flood hazard area. A LOMA is issued only by FEMA.

Letter of map revision or LOMR means an official amendment to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.

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 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 requirement of section 60.3 of the National Flood Insurance Program regulations.

Manufactured (mobile) home means a structure built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation. "Manufactured (mobile) home" does not include a recreational vehicle.

Map revision means a change in the flood hazard boundary map or flood insurance rate map for a community which reflects revised zone, base flood, or other information.

Mean sea level means for purposes of the National Flood Insurance Program, the National American Vertical Datum or other datum to which base flood elevations shown on a community's flood insurance rate map are referenced.

National Flood Insurance Program or NFIP means the program of flood insurance coverage and floodplain management administered under the Act and applicable federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B.

Natural grade means the grade unaffected by construction techniques such as fill, landscaping, or berming.

New construction means buildings 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, including any subsequent improvements.

Non-residential building means a commercial or non-habitational building, or a mixed-use building that does not qualify as a residential building. This category includes, but is not limited to, small businesses, churches, schools, farm buildings (including grain bins and silos), garages, pool-houses, clubhouses, recreational buildings, mercantile buildings, agricultural and industrial buildings, warehouses, nursing homes, licensed bed-and-breakfasts, and hotels and motels with normal room rentals for less than six months.

North American Vertical Datum or NAVD means the vertical control datum established for vertical control surveying in the United States of America based upon the General Adjustment of the North American Datum of 1988.

Otherwise protected areas or OPAs means areas established under federal, state, or local law, or held by a qualified organization, primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes.

Out-as-shown determination means an alternative outcome of the FEMA letter of map amendment review process stating that a specific property is located outside the special flood hazard area as indicated on the flood hazard boundary map or flood insurance rate map.

Participating community means a community for which FEMA has authorized the sale of flood insurance under the NFIP.

Ponding hazard means a flood hazard that occurs in flat areas when there are depressions in the ground that collect "ponds" of water. The ponding hazard is represented by the zone designation AH on the flood insurance rate map (FIRM).

Post-FIRM building means a building for which construction or substantial improvement occurred after December 31, 1974, or on or after the effective date of an initial flood insurance rate map, whichever is later.

Pre-FIRM building means a building for which construction or substantial improvement occurred on or before December 31, 1974, or before the effective date of an initial flood insurance rate map.

Principally above ground building means a building that has at least 51 percent of its actual cash value, including machinery and equipment, above ground.

Probation means a FEMA-imposed change in a community's status resulting from violations and deficiencies in the administration and enforcement of NFIP local floodplain management regulations.

Proper openings means enclosures (applicable to zones A, A1-A30, AE, AO, AH, AR, and AR Dual): All enclosures below the lowest elevated floor must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. A minimum of two openings, with positioning on at least two walls, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding must be provided. The bottom of all openings must be no higher than one foot above the higher of the exterior or interior grade (adjacent) or floor immediately below the openings.

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.

Regular program means the final phase of a community's participation in the NFIP. In this phase, a flood insurance rate map is in effect and full limits of coverage are available under the Act.

Repetitive loss structure means a building covered by a contract for flood insurance that has incurred flood-related damages on two occasions during a ten-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the market value of the building at the time of each such flood event.

Section 1316 means section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that FEMA finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that are intended to discourage or otherwise restrict land development or occupancy in floodprone areas.

Severe repetitive loss property or SRL property means a residential property that is covered under an NFIP flood insurance policy and:

(1)

That has at least four NFIP claim payments (including building and contents) over $5,000.00 each, and the cumulative amount of such claims payments exceeds $20,000.00; or

(2)

For which at least two separate claims payments (building payments only) have been made with the cumulative amount of the building portion of such claims exceeding the market value of the building.

For both [subsections] (1) and (2) above, at least two of the referenced claims must have occurred within any ten-year period, and must be greater than ten days apart.

Shear walls means walls used for structural support but not structurally joined or enclosed at the ends (except by breakaway walls). Shear walls are parallel, or nearly parallel, to the flow of the water and can be used in any flood zone.

Sheet flow hazard means type of flood hazard with flooding depths of one foot to three feet that occurs in areas of sloping land. The sheet flow hazard is represented by the zone designation AO on the FIRM.

Solid (perimeter) foundation walls means walls that are used as a means of elevating a building in A zones and that must contain sufficient openings to allow for the unimpeded flow of floodwaters more than one foot deep.

Special flood hazard area or SFHA means an area having special flood, mudflow, or flood-related erosion hazards, and shown on a flood hazard boundary map (FHBM) or flood insurance rate map (FIRM) as zone A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE, or V. For the purpose of determining community rating system premium discounts, all AR and A99 zones are treated as non-SFHAs.

Start of construction means for other than new construction or substantial improvements under the Coastal Barrier Resources Act, the date when the building permit was issued, provided that the actual start of construction, repair, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start of construction means either the first placement of permanent construction of a building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, 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 or building 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 before-damaged condition 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 other improvement of a building, the cost of which equals or exceeds 50 percent of the market value of the building before the "start of construction" of the improvement. The term includes buildings that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either any project for improvement of a building to correct existing state or local code violations or any alteration to a "historic building," provided that the alteration will not preclude the building's continued designation as a "historic building."

Suspension means FEMA's removal of an NFIP participating community from the NFIP because the community has not enacted and/or enforced the proper floodplain management regulations required for participation.

Unfinished area means an enclosed area that is used only for the parking of vehicles, building access, or storage purposes and that does not meet the definition of a finished (habitable) area. Drywall used for fire protection is permitted in unfinished areas.

Variance means a grant of relief by a participating community from the terms of its floodplain management regulations.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations.

Wave height adjustment means a measurement that is added to the base flood elevation for V zones shown on the flood insurance rate map published prior to 1981. For coastal communities, the BFE shown on FIRMs published prior to 1981 are still water elevations, which include only the effects of tide and storm surge, and not the height of wind-generated waves.

(Code 1967, § 12½-7; Ord. No. 4233, § 1, 8-22-85; Ord. No. 4641, §§ 1, 2, 2-12-87; Ord. No. 5498, §§ 1, 2, 3-22-90; Ord. No. 7831, § 1, 10-24-96; Ord. No. 12,823 , § 1, 4-9-15)