Chapter 17.08 DEFINITIONS

Unless specifically defined below, words or phrases used in this title shall be interpreted so as to give them the meaning they have in common usage or to give this title its most reasonable application. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.013 Accessory structure.

“Accessory structure” means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A).

17.08.015 Administrator.

Whenever the term “administrator” is used it means the director of public works or his designee. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.020 Appeal.

“Appeal” means a request for a review of the administrator’s interpretation of any provision of this title or a request for a variance. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.030 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. AO is characterized as sheet flow and AH indicates ponding. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.040 Area of special flood hazard.

“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Areas of special flood hazard are designated on flood insurance rate maps with the letter A or V, including AE, AO, AH, A1-99 and VE. The area of special flood hazard is also referred to as the special flood hazard area or SFHA. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.050 Base flood.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as “100-year flood.” Designation on maps always includes the letter A or V. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.051 Base flood elevation.

“Base flood elevation” is the elevation of the base flood above the datum of the effective FIRM. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A).

17.08.053 Basement.

“Basement” is any area of the structure having its floor subgrade (below ground level) on all sides, including a subgrade crawlspace. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A).

17.08.055 Breakaway wall.

“Breakaway wall” means a wall that is not a 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 supporting foundation system. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.057 Coastal high hazard area.

“Coastal high hazard area” means the area subject to high velocity waters, including, but not limited to, storm surge or tsunamis. The area is designated on the FIRM as Zone V1-V30, VE or V. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.058 Critical facility.

“Critical facility” means a facility necessary to protect the public health, safety, and welfare during a flood. Critical facilities include, but are not limited to: schools; nursing homes; hospitals; police, fire, and emergency operations installations; water and wastewater treatment plants; electric power stations; and installations which produce, use, or store hazardous materials or hazardous waste (other than consumer products containing hazardous substances or hazardous waste intended for household use). (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A).

17.08.060 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, storage of equipment or materials, subdivision of land, removal of substantial amounts (greater than five percent) of vegetation, or alteration of natural site characteristics located within the area of special flood hazard. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.062 Dry floodproofing.

“Dry floodproofing” means any combination of structural and nonstructural measures that prevent flood waters from entering a structure. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A).

17.08.064 Elevation certificate.

“Elevation certificate” means the official form from FEMA used to provide elevation information necessary to ensure compliance with provisions of this title and determine the proper flood insurance premium rate. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A).

17.08.066 FEMA.

“FEMA” means the Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A).

17.08.070 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 inland or tidal waters; and/or

B. The unusual and rapid accumulation or runoff of surface waters from any source. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.080 Flood insurance rate map (FIRM).

“Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.090 Flood insurance study.

“Flood insurance study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary map, and the water surface elevation of the base flood. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.092 Flood protection elevation (FPE).

“Flood protection elevation” means the elevation above the datum of the effective FIRM to which new and substantially improved structures including associated machinery or equipment and other service facilities must be protected from flood damage. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A).

17.08.095 Floodway.

“Floodway” means the channel of a river or other watercourse and 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. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.097 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; or

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; or

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:

1. By an approved state program as determined by the Secretary of the Interior; or

2. Directly by the Secretary of the Interior in states without approved programs. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A).

17.08.100 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 found at WCC 17.16.080(B). (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.110 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 120 consecutive days. For insurance purposes, the term “manufactured home” does not include park trailers, travel trailers, recreational vehicles and other similar vehicles. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.120 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. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.130 New construction.

“New construction” means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this title. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part). Formerly 17.08.140).

17.08.140 Recreational vehicle.

“Recreational vehicle” is a vehicle which is:

A. Built on a single chassis; and

B. Four hundred square feet or less when measured at the largest horizontal projection; and

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. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A. Formerly 17.08.130).

17.08.155 Special flood hazard area (SFHA).

See WCC 17.08.040, Area of special flood hazard. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A).

17.08.160 Start of construction.

“Start of construction” (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. 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 placement or other improvement was within 180 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 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. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.170 Structure.

“Structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above ground. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.178 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. “Substantial damage” also means flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A).

17.08.180 Substantial improvement.

“Substantial improvement” 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 either:

A. Before the start of construction of the improvement or repair; or

B. Before the damage occurred, if the structure has been damaged and is being restored.

For the purpose 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:

C. Any project for improvement of a structure to correct pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

D. Any alteration of a historic structure; provided, that the alteration will not preclude the structure’s continued designation as a historic structure. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.190 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. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25 (part)).

17.08.193 Watercourse.

“Watercourse” means only the channel and banks of an identifiable watercourse, and not the adjoining floodplain areas. The flood-carrying capacity of a watercourse refers to the flood-carrying capacity of the channel (except in the case of alluvial fans, where a channel is not typically defined). (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A).

17.08.195 Wet floodproofing.

“Wet floodproofing” means permanent or contingent measures applied to a structure and/or its contents that prevent or provide resistance to damage from flooding by using flood-resistant materials and by allowing water to enter and exit the structure. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A).

17.08.200 Zone.

“Zone” means one or more areas delineated on the FIRM. The following zones may be used on the adopted FIRM. The special flood hazard area is comprised of the A and V Zones.

– A: SFHA where no base flood elevation is provided.

– A#: numbered A Zones (e.g., A7 or A14), SFHA with a base flood elevation.

– AE: SFHA with a base flood elevation.

– AO: SFHA subject to inundation by shallow flooding, usually resulting from sheet flow on sloping terrain, with average depths between one and three feet. Average flood depths are shown.

– AH: SFHA subject to inundation by shallow flooding (usually areas of ponding) with average depths between one and three feet. Base flood elevations are shown.

– D: area of undetermined but possible flood hazard.

– V: the SFHA subject to coastal high hazard flooding including waves of three feet or greater in height. There are three types of V Zones: V, V#, and VE, and they correspond to the A Zone designations.

– Shaded X: areas of two-tenths of one percent annual chance flood; areas of one percent annual chance flood with average depths of less than one foot or with drainage areas less than one square mile; and areas protected by levees from one percent annual chance flood.

– Unshaded X: areas determined to be outside the two-tenths of one percent annual chance floodplain. (Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A).