<div class="chunk-title">Sec. 34-4. - Definitions.</div>
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            <p class="p0">
               The following words, terms and phrases, when used in this chapter, shall have the
               meanings ascribed to them in this section, except where the context clearly indicates
               a different meaning:
               
            </p>
            <p class="p0">
               <span class="ital">Addition (to an existing building)</span> means any walled and roofed expansion to the perimeter of a building in which the
               addition is connected by a common loadbearing wall other than a firewall. Any walled
               and roofed addition which is connected by a firewall or is separated by independent
               perimeter loadbearing walls is new construction.
               
            </p>
            <p class="p0">
               <span class="ital">Appeal</span> means to request a review of the local administrator's interpretation of any provision
               of this chapter or a request for variance.
               
            </p>
            <p class="p0">
               <span class="ital">Area of special flood hazard</span> is the land in the floodplain within a community subject to a one percent or greater
               chance of flooding in any given year.
               
            </p>
            <p class="p0">
               <span class="ital">Areas of shallow flooding</span> means a designated AO or VO zone on a community's flood insurance rate map (FIRM)
               with base flood depths from one to three feet where a clearly defined channel does
               not exist, where the path of flooding is unpredictable and indeterminate and where
               velocity flow may be evident.
               
            </p>
            <p class="p0">
               <span class="ital">Base flood</span> means the flood having a one percent chance of being equaled or exceeded in any given
               year.
               
            </p>
            <p class="p0">
               <span class="ital">Basement</span> means that lowest level or story which has its floor subgrade on all sides.
               
            </p>
            <p class="p0">
               <span class="ital">Breakaway wall</span> means a wall that is not part of the structural support of the 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 the supporting foundation
               system. A breakaway wall shall have a design safe loading resistance of not less than
               ten and no more than 20 pounds per square foot. A wall with loading resistance of
               more than 20 pounds per square foot requires an architect or professional engineer's
               certificate.
               
            </p>
            <p class="p0">
               <span class="ital">Building</span> means any structure built for support, shelter or enclosure for any occupancy or
               storage.
               
            </p>
            <p class="p0">
               <span class="ital">Development</span> 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.
               
            </p>
            <p class="p0">
               <span class="ital">Elevated building.</span>
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The term "elevated building" means a nonbasement building:
                  
               </p>
               		
               <p class="incr2">
                  a.
                  
               </p>
               		
               <p class="content3">
                  Built, in the case of a building in zones A1-A30, AE, A, A99, AO, AH, B, C, or X,
                  to have the top of the elevated floor, or in the case of a building in zones V1â€”V30,
                  VE, or V, to have the bottom of the lowest horizontal structural member of the elevated
                  floor above the ground by means of pilings, columns (posts and piers), shear walls
                  parallel to the flow of water; and
                  
               </p>
               		
               <p class="incr2">
                  b.
                  
               </p>
               		
               <p class="content3">
                  Adequately anchored so as not to impair the structural integrity of the building during
                  a flood up to the magnitude of the base flood.
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  In the case of zones A1â€”A30, AE, A, A99, AO, AH, B, C, and X, the term "elevated building"
                  also includes a building elevated by means of fill or solid foundation perimeter walls
                  with openings sufficient to facilitate the unimpeded movement of floodwaters. In the
                  case of zones V1â€”V30, VE, or V, the term "elevated building" also includes a building
                  otherwise meeting the definition of an elevated building, even though the area below
                  is enclosed by means of breakaway walls if the breakaway walls meet the standards
                  of<a href="" data-chunk-id="PTIICOOR_CH34FL_ARTIIIFLHARE_S34-72SPST" class="section-link" data-product-id="14529"> section 34-72</a>.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Existing manufactured home park or manufactured home subdivision</span> means a manufactured home park or subdivision for which the construction of facilities
               for servicing the lots on which the manufactured homes are to be affixed, including,
               at a minimum, the installation of utilities, the construction of streets, and either
               final site grading or the pouring of concrete pads, is completed before June 4, 1991.
               
            </p>
            <p class="p0">
               <span class="ital">Expansion to an existing manufactured home park or subdivision</span> means the preparation of the additional sites by the construction of facilities for
               servicing the lots on which the manufactured homes are to be affixed, including the
               installation of utilities, the construction of streets, and either final site grading
               or the pouring of concrete slabs.
               
            </p>
            <p class="p0">
               <span class="ital">Flood</span> and <span class="ital">flooding</span> mean a general and temporary condition of partial or complete inundation of normally
               dry land areas from:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The overflow of inland or tidal waters; and
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
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                  The unusual and rapid accumulation of runoff of surface waters from any source.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Flood hazard boundary map (FHBM)</span> means an official map of a community, issued by the Federal Emergency Management
               Agency (FEMA), where the boundaries of the areas of special flood hazard have been
               defined as zone A.
               
            </p>
            <p class="p0">
               <span class="ital">Flood insurance rate map (FIRM)</span> means an official map of a community, on which the Federal Emergency Management Agency
               (FEMA) has delineated both the areas of special flood hazard and the risk premium
               zones applicable to the community.
               
            </p>
            <p class="p0">
               <span class="ital">Flood insurance study (FIS)</span> means the official report provided by the Federal Emergency Management Agency (FEMA).
               The report contains flood profiles, as well as the flood boundary floodway map (FBFM)
               and the water surface elevation of the base flood.
               
            </p>
            <p class="p0">
               <span class="ital">Floodway</span> 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.
               
            </p>
            <p class="p0">
               <span class="ital">Floor</span> means the top surface of an enclosed area in the building, including basement, i.e.,
               top of slab in concrete slab construction or top of wood flooring in wood frame construction.
               The term "floor" does not include the floor of a garage used solely for parking vehicles.
               
            </p>
            <p class="p0">
               <span class="ital">Functionally dependent facility</span> means a facility which cannot be used for its intended purpose unless it is located
               or carried out in close proximity to water, such as a docking or port facility necessary
               for the loading and unloading of cargo or passengers, shipbuilding, ship repair or
               seafood processing facilities. The term "functionally dependent facility" does not
               include long-term storage, manufacture, sales or service facilities.
               
            </p>
            <p class="p0">
               <span class="ital">Highest adjacent grade</span> means the highest natural elevation of the ground surface, prior to construction,
               next to the proposed walls of the structure.
               
            </p>
            <p class="p0">
               <span class="ital">Historic structure</span> means any structure that is:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Listed individually in the National Register of Historic Places, a listing maintained
                  by the U.S. Department of Interior, or preliminarily determined by the Secretary of
                  Interior as meeting the requirements for individual listing on the National Register;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Certified or preliminarily determined by the Secretary of 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;
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  Individually listed on a state inventory of historic places;
                  
               </p>
               		
               
               <p class="incr1">
                  (4)
                  
               </p>
               		
               <p class="content2">
                  Individually listed on a local inventory of historic places in communities with historic
                  preservation programs that have been certified:
                  
               </p>
               		
               <p class="incr2">
                  a.
                  
               </p>
               		
               <p class="content3">
                  By an approved state program as determined by the Secretary of Interior; or
                  
               </p>
               		
               <p class="incr2">
                  b.
                  
               </p>
               		
               <p class="content3">
                  Directly by the Secretary of Interior in states without approved programs.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Levee</span> 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.
               
            </p>
            <p class="p0">
               <span class="ital">Lowest floor</span> 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 nonelevation design requirements of this chapter.
               
            </p>
            <p class="p0">
               <span class="ital">Manufactured home</span> means a structure, transportable in one 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. The term "manufactured home" does not include a recreational
               vehicle.
               
            </p>
            <p class="p0">
               <span class="ital">Manufactured home park or subdivision</span> means a parcel, or contiguous parcels, of land divided into two or more manufactured
               home lots for rent or sale.
               
            </p>
            <p class="p0">
               <span class="ital">Mean sea level</span> means the average height of the sea for all states of the tide. It is used as a reference
               for establishing various elevations within the floodplain. For purposes of this chapter,
               the term "mean sea level" is synonymous with National Geodetic Vertical Datum (NGVD).
               
            </p>
            <p class="p0">
               <span class="ital">National Geodetic Vertical Datum (NGVD),</span> as corrected in 1929, is a vertical control used as a reference for establishing
               varying elevations within the floodplain.
               
            </p>
            <p class="p0">
               <span class="ital">New construction</span> means structures for which the start of construction commenced on or after June 4,
               1991, and includes any subsequent improvements to such structures.
               
            </p>
            <p class="p0">
               <span class="ital">New manufactured home park or subdivision</span> means a manufactured home park or subdivision for which the construction of facilities
               for servicing the lots on which the manufactured homes are to be affixed, including,
               at a minimum, the installation of utilities, the construction of streets, and either
               final site grading or the pouring of concrete slabs, is completed on or after June
               4, 1991.
               
            </p>
            <p class="p0">
               <span class="ital">Nonconforming building or use</span> means any legally existing building or use which fails to comply with the provisions
               of this chapter.
               
            </p>
            <p class="p0">
               <span class="ital">Recreational vehicle</span> means a vehicle which is:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Built on a single chassis;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  400 square feet or less when measured at the largest horizontal projection;
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  Designed to be self-propelled or permanently towable by a light duty truck; and
                  
               </p>
               		
               
               <p class="incr1">
                  (4)
                  
               </p>
               		
               <p class="content2">
                  Designed primarily not for use as a permanent dwelling, but as temporary living quarters
                  for recreational, camping, travel or seasonal use.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Remedy a violation</span> 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 impact
               of its noncompliance. Ways that impact may be reduced include protecting the structure
               or other affected development from flood damages, implementing the enforcement provisions
               of this chapter or otherwise deterring future similar violations, or reducing federal
               financial exposure with regard to the structure or other development.
               
            </p>
            <p class="p0">
               <span class="ital">Start of construction,</span> for other than new construction or substantial improvements under the Coastal Barrier
               Resources Act (P.L. 97-348), includes substantial improvement and means the date the
               building permit was issued, provided the actual start of construction, repair, reconstruction,
               rehabilitation, addition or improvement was within 180 days of the permit date. The
               actual start means the first placement of permanent construction of a structure, including
               a manufactured home, on a site, such as the pouring of slabs or footings, installation
               of piles, 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 basements,
               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 the building, whether or not that alteration
               affects the external dimensions of the building.
               
            </p>
            <p class="p0">
               <span class="ital">Structure</span> means, for floodplain management purposes, a walled and roofed building, a manufactured
               home, including a gas or liquid storage tank or other manmade facilities or infrastructures
               that are principally above ground.
               
            </p>
            <p class="p0">
               <span class="ital">Substantial damage</span> 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. See <span class="ital">Substantial improvement.</span>
               
            </p>
            <p class="p0">
               <span class="ital">Substantial improvement</span> means any repair, 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. The term "substantial
               improvement" includes structures which have incurred substantial damage, regardless
               of the actual repair work performed. The term "substantial improvement" does not,
               however, include either:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Any project of improvement of a structure to correct existing violations of 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 ensure
                  safe living conditions; or
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Any alteration of a historic structure, provided that the alteration will not preclude
                  the structure's continued designation as a historic structure.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Substantially improved existing manufactured home park or subdivision</span> means where the repair, reconstruction, rehabilitation or improvement of the streets,
               utilities and pads equals or exceeds 50 percent of the value of the streets, utilities
               and pads before the repair, reconstruction or improvement commenced.
               
            </p>
            <p class="p0">
               <span class="ital">Variance</span> means a grant of relief to a person from the requirements of this chapter which permits
               construction in a manner otherwise prohibited by this chapter where specific enforcement
               would result in unnecessary hardship.
               
            </p>
            <p class="p0">
               <span class="ital">Violation</span> 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 articles II and III of this chapter is presumed to be in violation until
               such time as that documentation is provided.
               
            </p>
            <p class="historynote0">
               (Code 1993, Â§ 34-4; Ord. of 6-4-1991(1), art. 2)
               
            </p></div>