<div class="chunk-title">Sec. 26-5. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               Unless specifically defined in this section, 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 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.
               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.
               </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,
               unless the addition, renovation or reconstruction to any building, that was constructed
               prior to the initial flood insurance study for that area, and the addition, renovation
               or reconstruction does not equal 50 percent of the present market value of the structure.
               Where a firewall is provided between the addition and the existing building, the addition
               shall be considered a separate building and must comply with the standards for new
               construction.
               </p>
            <p class="p0">
               <span class="ital">Appeal</span> means a request for a review of the administrator's interpretation of any provision
               of this article.
               </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 being flooded in any given year.
               </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, for floodplain management purposes, any area of the building having its floor
               sub-grade (below ground level) on all sides.
               </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, for floodplain management purposes, 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, for floodplain management purposes, a non-basement building which has its
               lowest elevated floor raised above ground level by foundation walls, shear walls,
               posts, piers, pilings or columns.
               </p>
            <p class="p0">
               <span class="ital">Existing construction</span> 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. The term "existing construction" may also be referred
               to as existing structures.
               </p>
            <p class="p0">
               <span class="ital">Existing manufactured home park</span> or <span class="ital">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 September
               19, 1988.
               </p>
            <p class="p0">
               <span class="ital">Expansion to an existing manufactured home park or subdivision</span> means the preparation of 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, 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
               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</span> is the engineering study performed by the federal emergency management agency to
               identify flood hazard areas, flood insurance risk zones, and other flood data in a
               community. The study includes flood boundary and floodway maps (FBFMs), flood hazard
               boundary maps (FHBMs), and/or flood insurance rate map (FIRMs).
               </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 a 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">Lowest floor</span> means, for floodplain management and flood insurance purposes, 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
               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, for purposes of the NFIP, the National Geodetic Vertical Datum (NGVD) of 1929
               or other datum, to which base flood elevations shown on a FIRM are referenced.
               </p>
            <p class="p0">
               <span class="ital">New construction</span> means, for floodplain management purposes, structures for which the start of construction
               commenced on or after the effective date of the ordinance from which this article
               is derived 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 September
               19, 1988.
               </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 the ordinance.
               </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 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 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 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, a gas or liquid storage tank, or other manmade facility or infrastructure that
               is 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. 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> is 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">
               (Ord. of 9-19-1988, art. 2; Ord. of 1-2001)
               </p></div>