§ 38-31. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings provided in this section, except where the context clearly indicates a different meaning:

Administrator means the Federal Insurance Administrator.

Appeal means a request for a review of the floodplain administrator's interpretation of any provisions of this article or a request for a variance.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Basement means any area of a building having its floor below ground level on all sides.

Crawlspace means a foundation of solid walls which does not constitute useable space.

Development means any manmade change to improved or unimproved real property including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

Existing manufactured home park or subdivision means a manufactured home park for which the construction of facilities for servicing the lot upon which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) are completed before the effective date this ordinance was originally adopted.

Expansion to existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities to service the lots upon which the manufactured homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).

Flood and flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland waters; and/or

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood insurance rate map (FIRM) means the official map upon which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the city.

Flood insurance study means the official report provided by the Federal Emergency Management Agency which includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

Floodplain administrator means the city manager's authorized representative.

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.

Lowest floor means the lowest floor of the lowest enclosed area, including the basement, but excluding crawlspace. 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 article.

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. A mobile home is considered a manufactured home for purposes of this ordinance.

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.

New construction means structures for which the start of construction commenced on or after the effective date this ordinance was originally adopted.

New manufactured home park or subdivision means a manufactured home, park or subdivision for which the construction of facilities for servicing the lots upon 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 this ordinance was originally adopted.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projections;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use.

Special flood hazard area (SFHA) means that land in the floodplain subject to a one percent or greater chance of flooding in any given year.

Start of construction includes substantial improvement, and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the building permit date. The actual start means 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 state 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 street 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 which are not part of the main structure.

Structure means a walled and roofed building or manufactured home that is principally located above-ground.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any 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 incurred substantial damage regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either:

(1)

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 or building official and which are the minimum necessary to ensure safe living conditions; or

(2)

Any alteration of a historic structure, provided that the structure continues to be designated as a historic structure.

Variance means a grant of relief from the requirements of this ordinance which permits construction in a manner which would otherwise be prohibited by this ordinance.

(Code 1996, § 15-5; Ord. No. 29-08, 7-8-2008)

Cross reference

Definitions generally, § 1-2.