CHAPTER 6. BUILDING CODES.*
Article II. Flood Damage Prevention Regulations.
Sec. 6-2-5. Definitions.
Unless specifically defined below, words or phrases used in this article
shall be interpreted so as to give them the meaning they have in common usage
and to give this article its most reasonable application.
means a request for a review of the floodplain administrator's interpretation of
any provision of this article or a request for a variance.
shallow flooding means a designated AO or AH 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.
Base flood means the flood having a
one percent chance of being equalled or exceeded in any given year (also called
the “one-hundred-year flood”).
Basement means any area of
the building having its floor sub-grade (below ground level) on all
Breakaway walls are any type of wails, 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 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 flood waters. A breakway
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
(A) Breakway 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
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
Flood or flooding means a general and temporary
condition of partial or complete inundation of normally dry land areas from the
overflow of flood waters, the unusual and rapid accumulation or runoff of
surface waters from any source accompanied by a severe storm, or by an
unanticipated force of nature, such as flash flood or by some similarly unusual
and unforeseeable event which results in flooding as defined in this
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 special flood hazards and the
risk premium zones applicable to the community.
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
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
Floodplain or flood-prone area means any land area
susceptible to being inundated by water from any source (see definition of
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.
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.
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
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.”
adjacent grade means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
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 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
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.
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.
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
New construction means, for floodplain management
purposes, structures for which the “start of construction” commenced
on or after the effective date of a floodplain management regulation adopted by
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 article.
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
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 including 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.
Riverine means relating to, formed by, or
resembling a river (including tributaries), stream, brook, etc.
flood hazard area (SFHA) means an area having special flood or flood-related
erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, A99 or
Start of construction includes substantial improvement, 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 or 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 means a walled and roofed building including a
gas or liquid storage tank that is principally above ground as well as a
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:
Before the improvement or repair is started; or
(B) If the structure has
been damaged and is being restored, before the damage occurred.
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
(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 a State
Inventory of Historic Places.
Variance means a grant of relief from
the requirements of this article which permits construction in a manner that
would otherwise be prohibited by this article.
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 article is presumed to be in violation until such
time as that documentation is provided. (Ord. No. 1125, (part).)