Chapter 17.08 DEFINITIONS

Unless specifically defined in this chapter, words or phrases used in this title shall be interpreted so as to give them the meaning they have in common usage and to give this title its most reasonable application. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987).

17.08.020 Accessory structure.

“Accessory structure” means a structure that is on the same parcel of property as a principal structure. For floodplain management purposes, the term includes structures used either for parking or storage. (Ord. 853, 2021; Ord. 715 (part), 2010).

17.08.030 Appeal.

“Appeal” means a request for a review of the floodplain administrator’s interpretation of any provision of this title or a request for a variance. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.020).

17.08.040 Area of shallow flooding.

“Area of shallow flooding” means a designated AO or AH Zone on the flood insurance rate map (FIRM). The base flood depths range 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. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.030).

17.08.050 Area of special flood hazard.

See Section 17.08.330, Special flood hazard area (SFHA). (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.040).

17.08.060 Base flood.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also called the “100-year flood”). (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.050).

17.08.070 Basement.

“Basement” means any area of the building having its floor subgrade (below ground level) on all sides. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.060).

17.08.080 Breakaway walls.

“Breakaway walls” are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

A. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

B. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.070).

17.08.090 Development.

“Development” 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 and materials. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.080).

17.08.100 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. 853, 2021; Ord. 715 (part), 2010).

17.08.110 Flood or flooding.

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from (A) the overflow of floodwaters, (B) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (C) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an usually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.090).

17.08.120 Flood boundary and floodway map.

“Flood boundary and floodway map” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.100).

17.08.130 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 hazard and the risk premium zones applicable to the community. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.110).

17.08.140 Flood insurance study.

“Flood insurance study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.120).

17.08.150 Floodplain or flood-prone area.

“Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source (see Section 17.08.110, Flood or flooding). (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.130).

17.08.160 Floodplain management.

“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. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.140).

17.08.170 Floodplain management regulations.

“Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as 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. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.150).

17.08.180 Floodproofing.

“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. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.160).

17.08.190 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. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.170).

17.08.200 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, but does not include long-term storage or related manufacturing facilities. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.180).

17.08.210 Highest adjacent grade.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of the structure. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.190).

17.08.220 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 the 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 the 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. 853, 2021; Ord. 715 (part), 2010).

17.08.230 Lowest floor.

“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 nonelevation design requirements of this title, including but not limited to:

A. The flood openings standard in Section 17.12.010(C);

B. The anchoring standards in Section 17.12.010(A);

C. The construction materials and methods standards in Section 17.12.010(B); and

D. The standards for utilities in Section 17.12.020. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.200).

17.08.240 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 connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.210).

17.08.250 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 sale or rent. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.220).

17.08.260 Market value.

“Market value” is defined in the city of Patterson substantial damage/improvement procedures. See Section 17.16.030(I)(1). (Ord. 853, 2021; Ord. 715 (part), 2010).

17.08.270 Mean sea level.

“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or North American Vertical Datum (NAVD) of 1988, to which base flood elevations shown on a community’s flood insurance rate map are referenced. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.230).

17.08.280 New construction.

“New construction” means, for floodplain management purposes, structures for which the start of construction commenced on or after August 1, 1979, and includes any subsequent improvements to such structures. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.240).

17.08.290 One-hundred-year flood or 100-year flood.

“One-hundred-year flood” or “100-year flood” means a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the “base flood,” which will be the term used throughout this title. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.250).

17.08.300 Person.

“Person” means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.260).

17.08.310 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 this title or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.270).

17.08.320 Riverine.

“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.280).

17.08.330 Special flood hazard area (SFHA).

“Special flood hazard area (SFHA)” means an area having a special flood hazard or flood-related erosion hazards with a one percent chance or greater of flooding in any given year, and shown on a FIRM as Zone A, AO, A1-30, AE, A99 or AH. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.290).

17.08.340 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, placement, or other improvement was within one hundred eighty days of the permit date. 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 structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For 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. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.300).

17.08.350 Structure.

“Structure” means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.310).

17.08.360 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 fifty percent of the market value of the structure before the damage occurred. (Ord. 853, 2021; Ord. 715 (part), 2010).

17.08.370 Substantial improvement.

“Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either: (A) before the improvement or repair is started; or (B) if the structure has been damaged, and is being restored, before the damage occurred.

For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (A) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (B) any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.320).

17.08.380 Variance.

“Variance” means a grant of relief from the requirements of this title which permits construction in a manner that would otherwise be prohibited by this title. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.330).

17.08.390 Violation.

“Violation” 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 this title is presumed to be in violation until such time as that documentation is provided. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 2 (part), 1987. Formerly 17.08.340).