<div class="chunk-title">Sec. 16.5-30. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               Unless specifically defined below, words or phrases used in this article shall be
               interpreted so as to give them the meaning they have in common usage and to give this
               article its most reasonable application.
               </p>
            <p class="p0">
               <span class="ital">Accessory structure</span> means structures which are located on the same parcel of property as the principal
               structure and the use of which is incidental to the use of the principal structure.
               With the exception of farm buildings, accessory structures shall not exceed 1,000
               square feet or the square footage of the primary structure, whichever is less. Garages,
               carports and storage sheds are common urban accessory structures. Pole barns, hay
               sheds and the like qualify as accessory structures on farms, and may or may not be
               located on the same parcel as the farm dwelling or shop building. Accessory structures
               may not be accessory dwellings.
               </p>
            <p class="p0">
               <span class="ital">Addition (to an existing building)</span> means an extension or increase in the floor area or height of a building or structure.
               Additions to existing buildings shall comply with the requirements for new construction.
               </p>
            <p class="p0">
               <span class="ital">Appeal</span> means a request for a review of the local administrator's interpretation of any provision
               of this article.
               </p>
            <p class="p0">
               <span class="ital">Area 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, a clearly defined channel does not
               exist, the path of flooding is unpredictable and indeterminate, and velocity flow
               may be evident.
               </p>
            <p class="p0">
               <span class="ital">Area of special flood hazard</span> or <span class="ital">areas of flood hazard</span> is the land within a community subject to a one percent or greater chance of being
               flooded in any given year. The boundaries of the areas of special flood hazard are
               identified as zone A on the flood hazard boundary map.
               </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. Commentary: 100-year flood.
               </p>
            <p class="p0">
               <span class="ital">Basement</span> means that lowest level or story which has its floor subgrade on at least three 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 a professional engineer or architect'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> means a nonbasement building (a) built, in the case of a building in an area of special
               flood hazard (zones A1 through A30, AE, A, A99, AO, AH, B, C or X Commentary: These
               zones are defined on maps on file in city-county inspections department) to have the
               top of the elevated floor, above the ground by means of pilings, columns (posts or
               piers), shear walls parallel to the flow of water; and (b) adequately anchored so
               as not to impair the structural integrity of the building during a flood up to the
               magnitude of the base flood. In the case of zones A1 through A30, AE, A, A99, AO,
               AH, B, C and X, "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.
               </p>
            <p class="p0">
               <span class="ital">Exception</span> is a grant of relief to a persons from the requirements of this article which permits
               construction in a manner otherwise prohibited by this article where specific enforcement
               would result in unnecessary hardship. A person, as used in this context, may be an
               individual, partnership, association, joint venture or corporation.
               </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) was completed before the original
               adoption of flood damage protection ordinances which occurred in the city on October
               18, 1971 and in the county on August 21, 1972.
               </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> or <span class="ital">flooding</span> means a general and temporary condition of partial or complete inundation of normally
               dry land areas from the:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Overflow of inland or tidal waters; and
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  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.
               </p>
            <p class="p0">
               <span class="ital">Flood insurance rate map (FIRM)</span> means an official map on which the Federal Emergency Management Agency has delineated
               both the areas of special flood hazard and the risk premium zones.
               </p>
            <p class="p0">
               <span class="ital">Flood insurance study</span> is the official report provided by the Federal Emergency management Agency. The report
               contains flood profiles, as well as the flood boundary floodway map 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">Floodway fringe</span> means the area within the special flood hazard area that has been identified on the
               flood boundary and floodway map, which area is adjacent to but not within the floodway,
               but is within the 100-year floodplain and is inundated by the base flood.
               </p>
            <p class="p0">
               <span class="ital">Floor</span> means the finished floor or the top surface of an enclosed area in a building (including
               basement), i.e., top of slab in concrete slab construction or top of wood flooring
               in wood frame construction.
               </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 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">Levee system</span> means a flood protection system which consists of a levee, or levees, and associated
               structures, such as closure and drainage devices, which are constructed and operated
               in accordance with sound engineering practices.
               </p>
            <p class="p0">
               <span class="ital">Local administrator</span> means the city-county director of inspections or the director's designee.
               </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 an enclosure is not built so as to render the structure in
               violation of the applicable non-elevation design requirements of this article.
               </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 residential development under single ownership with sites for placement of
               manufactured homes (manufactured home park); or a parcel (or contiguous parcels) of
               land divided into two or more manufactured home lots for rent or sale (manufactured
               home subdivision). Also included in this definition are the various support facilities
               for the residents of the development.
               </p>
            <p class="p0">
               <span class="ital">Mean sea level</span> means the average height of the sea for all stages of the tide. It is used as a reference
               for establishing various elevations within the floodplain. For purposes of this article,
               the term 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 the
               adoption of flood damage protection ordinances which occurred in the city on October
               18, 1971 and in the county on August 21, 1972 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
               the final site grading or the pouring of concrete slabs) is completed on or after
               the original adoption of flood damage protection ordinances which occurred in the
               city on October 18, 1971 and in the county on August 21, 1972.
               </p>
            <p class="p0">
               <span class="ital">Nonconforming building or use</span> mean any legally existing building or use which fails to comply with the provisions
               of this article.
               </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">
                  Four hundred 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 vehicle; 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">Reference feature</span> is the receding edge of a bluff or eroding frontal dune or, if such a feature is
               not present, the normal highwater line or the seaward line of permanent vegetation
               if highwater line cannot be identified.
               </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 impacts
               of its noncompliance. Ways that impacts may be reduced include protecting the structure
               or other affected development from flood damages, implementing the enforcement provisions
               of the ordinance 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> 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 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 a walled and roofed building, 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 definition of "substantial
               improvement."
               </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. This term includes
               structures which have incurred "substantial damage," regardless of the actual repair
               work performed. The term does not, however, include either:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  any project or 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 assure
                  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 an 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">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 divisions 2 and 3 is presumed to be in violation until such time as that
               documentation is provided.
               </p>
            <p class="historynote0">
               (Ord. of 4-22-96, Â§ 1)
               </p></div>