Chapter 15.52
DEFINITIONS
Sections:
15.52.030 Area of special flood hazard.
15.52.090 Existing manufactured home park or subdivision.
15.52.100 Expansion to an existing manufactured home park or subdivision.
15.52.110 Flood, flooding, or flood water.
15.52.120 Flood boundary and floodway map (FBFM).
15.52.130 Flood insurance rate map (FIRM).
15.52.140 Flood insurance study.
15.52.150 Floodplain or flood-prone area.
15.52.160 Floodplain administrator.
15.52.170 Floodplain management.
15.52.180 Floodplain management regulations.
15.52.220 Fraud and victimization.
15.52.230 Functionally dependent use.
15.52.260 Highest adjacent grade.
15.52.320 Manufactured home park or subdivision.
15.52.350 New manufactured home park or subdivision.
15.52.370 One-hundred-year flood.
15.52.380 Public safety and nuisance.
15.52.390 Recreational vehicle.
15.52.400 Regulatory floodway.
15.52.440 Special flood hazard area (SFHA).
15.52.450 Start of construction.
15.52.480 Substantial improvement.
15.52.510 Water surface elevation.
15.52.005 Interpretation.
Unless specifically defined below, words or phrases used in this division shall be interpreted so as to give them the meaning they have in common usage and to give this division its most reasonable application. (Ord. 99-618 § 3).
15.52.010 Accessory use.
“Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. (Ord. 99-618 § 3).
15.52.020 Appeal.
“Appeal” means a request for a review of the floodplain administrator’s interpretation of any provision of this division. (Ord. 99-618 § 3; 87-509 § 2).
15.52.030 Area of special flood hazard.
“Area of special flood hazard.” See “Special flood hazard area (SFHA).” (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.040 Base flood.
“Base flood” means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the “100-year flood”). Base flood is the term used throughout this division. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.050 Basement.
“Basement” means any area of the building having its floor below ground level on all sides. (Ord. 99-618 § 3).
15.52.060 Building.
“Building.” See “Structure.” (Ord. 99-618 § 3).
15.52.070 Development.
“Development” means any man-made 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. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.080 Encroachment.
“Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. (Ord. 99-618 § 3).
15.52.090 Existing manufactured home park or subdivision.
“Existing manufactured home park or subdivision” 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 the effective date of the floodplain management regulations adopted by a community. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.100 Expansion to an existing manufactured home park or subdivision.
“Expansion to an existing manufactured home park or subdivision” 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 pads). (Ord. 99-618 § 3).
15.52.110 Flood, flooding, or flood water.
“Flood, flooding, or flood water” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.120 Flood boundary and floodway map (FBFM).
“Flood boundary and floodway map (FBFM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.130 Flood insurance rate map (FIRM).
“Flood insurance rate map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.140 Flood insurance study.
“Flood insurance study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.150 Floodplain or flood-prone area.
“Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source. See “Flood, flooding, or flood water.” (Ord. 99-618 § 3).
15.52.160 Floodplain administrator.
“Floodplain administrator” is the individual appointed to administer and enforce the floodplain management regulations. (Ord. 99-618 § 3).
15.52.170 Floodplain management.
“Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. (Ord. 99-618 § 3).
15.52.180 Floodplain management regulations.
“Floodplain management regulations” means this division and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. (Ord. 99-618 § 3).
15.52.190 Floodproofing.
“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.200 Floodway.
“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 one foot. Also referred to as “regulatory floodway.” (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.210 Floodway fringe.
“Floodway fringe” is that area of the floodplain on either side of the “regulatory floodway” where encroachment may be permitted. (Ord. 99-618 § 3).
15.52.220 Fraud and victimization.
“Fraud and victimization” as related to Chapter 15.60 FMC, Variance Procedure, of this division, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. (Ord. 99-618 § 3).
15.52.230 Functionally dependent use.
“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. (Ord. 99-618 § 3).
15.52.240 Governing body.
“Governing body” is the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. (Ord. 99-618 § 3).
15.52.250 Hardship.
“Hardship” as related to Chapter 15.60 FMC, Variance Procedure, of this division means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. (Ord. 99-618 § 3).
15.52.260 Highest adjacent grade.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.270 Historic structure.
“Historic structure” means any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. (Ord. 99-618 § 3).
15.52.280 Levee.
“Levee” means a man-made 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. (Ord. 99-618 § 3).
15.52.290 Levee system.
“Levee system” 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 accord with sound engineering practices. (Ord. 99-618 § 3).
15.52.300 Lowest floor.
“Lowest floor” means the lowest floor of the lowest enclosed area, including basement (see “Basement” definition).
A. An unfinished or flood resistant enclosure below the lowest floor that is 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 it conforms to applicable nonelevation design requirements, including, but not limited to:
1. The wet floodproofing standard in FMC 15.58.010(C)(3).
2. The anchoring standards in FMC 15.58.010(A).
3. The construction materials and methods standards in FMC 15.58.010(B).
4. The standards for utilities in FMC 15.58.020.
B. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.310 Manufactured home.
“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.” (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.320 Manufactured home park or subdivision.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.330 Mean sea level.
“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced. (Ord. 99-618 § 3).
15.52.340 New construction.
“New construction,” for floodplain management purposes, means structures for which the “start of construction” commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.350 New manufactured home park or subdivision.
“New manufactured home park or subdivision” 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 on or after the effective date of floodplain management regulations adopted by this community. (Ord. 99-618 § 3).
15.52.360 Obstruction.
“Obstruction” includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. (Ord. 99-618 § 3).
15.52.370 One-hundred-year flood.
“One-hundred-year flood” or “100-year flood.” See “Base flood.” (Ord. 99-618 § 3).
15.52.380 Public safety and nuisance.
“Public safety and nuisance” as related to Chapter 15.60 FMC, Variance procedure, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. (Ord. 99-618 § 3).
15.52.390 Recreational vehicle.
“Recreational vehicle” means a vehicle which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light-duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (Ord. 99-618 § 3).
15.52.400 Regulatory floodway.
“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 one foot. (Ord. 99-618 § 3).
15.52.410 Remedy a violation.
“Remedy a violation” 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 state or federal financial exposure with regard to the structure or other development. (Ord. 99-618 § 3).
15.52.420 Riverine.
“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. (Ord. 99-618 § 3).
15.52.430 Sheet flow area.
“Sheet flow area.” See “Area of special flood hazard.” (Ord. 99-618 § 3).
15.52.440 Special flood hazard area (SFHA).
“Special flood hazard area (SFHA)” means an area having special flood hazards and shown on an FHBM or FIRM as Zone A, A1-A30 or AE. (Ord. 99-618 § 3).
15.52.450 Start of construction.
“Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the 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 a building, whether or not that alteration affects the external dimensions of the building. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.460 Structure.
“Structure” means a walled and roofed building that is principally aboveground; this includes a gas or liquid storage tank or a manufactured home. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.470 Substantial damage.
“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. (Ord. 99-618 § 3).
15.52.480 Substantial improvement.
“Substantial improvement” means any reconstruction, rehabilitation, addition, or other proposed new development 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:
A. Any project for 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
B. Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.” (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.490 Variance.
“Variance” means a grant of relief from the requirements of this division which permits construction in a manner that would otherwise be prohibited by this division. (Ord. 99-618 § 3; Ord. 87-509 § 2).
15.52.500 Violation.
“Violation” means the failure of a structure or other development to be fully compliant with this division. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this division is presumed to be in violation until such time as that documentation is provided. (Ord. 99-618 § 3).
15.52.510 Water surface elevation.
“Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord. 99-618 § 3).
15.52.520 Watercourse.
“Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 99-618 § 3).