§ 18-25. 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. Words shall be interpreted to maintain the integrity and enforceability of this article.

Accessory structure, low-cost and small , means a structure that is:

(1)

Solely for the parking of no more than two cars; or limited storage (small, low cost sheds); and

(2)

A 120 square-foot to 3000 square-foot building, subordinate to the main building, the use of which is incidental to that of the main building on the same lot or parcel.

Administrative procedures means procedures based on Federal Emergency Management Agency policies for administering floodplain management regulations

Administrator means the Federal Insurance Administrator.

Adverse impact means flood hazards resulting from development, which diverts, retards, or obstructs the flow of water in any watercourse, threatens public health, safety, or the general welfare pursuant to A.R.S. § 48-3609(B)(1); fails to protect the site from flood-related erosion; and aggravates the existing flood-related erosion hazards (CFR Title 44 Part 60 Subpart A Section 60.5). The term "adverse impact" includes cumulative effect of a proposed or existing development, when combined with all other existing and anticipated developments, which will increase water surface elevation of the base flood more than one foot at any point or which will create other conditions that result in flooding and flood damage.

Alluvial fan means a geomorphologic feature characterized by a cone or fan shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported by flood flows and then deposited in the valley floors and which is subject to flash flooding, high velocity flows, debris flows, corrosion, sediment movement and deposition, and channel migration.

Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high velocity flows, active processes of erosion, sediment transport and deposition, channel migration, and unpredictable flow paths.

Apex means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Appeal means a request for a review of the floodplain administrator's interpretation or determination of any provision of this article, a request for a variance or a request for a review of an order of the floodplain administrator for abatement or correction.

Appeal board means members of the floodplain board hearing matters of appeal.

Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's flood insurance rate map with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Arizona Department of Water Resources (ADWR) means the state coordinating agency for the national flood insurance program.

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

Base flood elevation means the elevation shown on the flood insurance rate map for Zones AE and AH A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.

Basement means any area of a structure having its floor subgrade (below ground level) on all sides.

Breakaway wall means a wall that is not 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.

Building. See Structure .

Channel migration means lateral movement of a watercourse channel.

Chief executive officer of the community ("CEO") means the official of the community who is charged with the authority to implement and administer laws, ordinances and regulations, for that community.

Colorado River base flood elevation means the flood elevation along the Colorado River having a one percent chance of being equaled or exceeded in any given year or a flow of 40,000 cubic feet per second (cfs), whichever is greater.

Colorado River floodplain means the combined area of the Colorado River floodway and the Colorado River floodway fringe.

Colorado River floodway means the channel of the Colorado River and that part of the floodplain that is necessary to safely convey the floodway flow of a base flood consisting of controlled releases and tributary inflow, or a flow of 40,000 cubic feet per second (cfs), whichever is greater.

Colorado River floodway fringe means that area subject to inundation by floods of varying magnitudes, up to and including the floodway flow, but which is not required for the safe conveyance of the floodway flow and is not included in the computation of the Colorado River floodway base flood elevation.

Community means any state, area, or political subdivision thereof or any Indian tribe or authorized tribal organization, or authorized native organization that has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction, including the county.

Community rating system means a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum national flood insurance program requirements. As a result, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community actions meeting the three goals of the community rating system:

(1)

Reduce flood losses;

(2)

Facilitate accurate insurance rating; and

(3)

Promote the awareness of flood insurance.

Contour means a line of equal elevation on a topographic (contour) map.

Cross section means a graphical depiction of the stream and the floodplain at a particular point along the stream; it is taken at a right angle to the flow of the stream.

Datum means a common vertical elevation reference point, usually in relation to sea level; North American Vertical Datum (NAVD) 1988, National Geodetic Vertical Datum (NGVD) 1929.

Development or new development means any person-made change to improved or unimproved real estate, including, but not limited to, buildings, structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of materials and equipment located, wholly or partially, within the special flood hazard area.

Development plan means the drawings, specifications, details, and other requirements for development.

District means the county flood control district.

Drainage design manual means the latest edition of the drainage design manual, including any county amendments, that has been approved and adopted by the county board of supervisors for addressing drainage design and stormwater mitigation associated with development projects in the county.

Elevation certificate means documents issued by the Federal Emergency Management Agency as forms, which when completed by a state licensed, registered engineer or surveyor, are to certify compliance of a regulatory elevation of the lowest floor of a structure to determine compliance with a community floodplain management ordinance to determine property flood insurance premium rates.

Enclosure means that portion of a building that is below the residential lowest floor and is above ground.

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, floodprone area, or watercourse, which may impede or alter the flow capacity of a floodplain, floodprone area, or watercourse without being a permitted use as provided in this article.

Erosion means the process of the gradual wearing away of landmasses. This peril is not, per se, covered under the program.

Federal Emergency Management Agency means the federal agency under which the national flood insurance program is administered. In March 2003, the Federal Emergency Management Agency became part of the newly created U.S. Department of Homeland Security.

Fill means the placement of fill material at a specified location to bring the ground surface up to a desired elevation.

Fill material means natural sand, dirt, soil and rock. For the purpose of floodplain management, fill material may include concrete, cement, soil cement, brick or similar material approved by the floodplain administrator on a case-by-case basis.

Financial assistance means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance, other than general or special revenue sharing or formula grants made to states.

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

(1)

The overflow of floodwaters;

(2)

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

(3)

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 unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event that results in flooding as defined in this definition.

Flood boundary and floodway map means the official maps that were issued as a component of the flood insurance study on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and floodway.

Flood control protective work means the completion of any design, construction, or other method that is part of development to reduce, minimize, or eliminate flooding or flood conditions.

Flood conveyance capacity means presumed water flow, which a floodplain, floodprone area, or watercourse can convey in relation to a particular flooding event.

Flood damage means adverse impact to persons or property, real or perceived, including, but not limited to, structures.

Flood elevation data means factual information and data used to establish base flood elevation or make a flood elevation determination.

Flood elevation determination means a determination of the water surface elevations of the base flood by the administrator, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

Flood elevation study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood hazard means the potential risk to life and limb and potential damage to property resulting from flooding. The degree of flood hazard varies with circumstances across the full range of floods.

Flood hazard boundary maps means official map(s) first published for the county on February 6, 1979, on which the Federal Emergency Management Agency, under the department of housing and urban development, designates and/or delineates areas of flooding potentials and/or flood hazards, and any amended and/or successor maps thereto.

Flood insurance rate maps means official maps effective March 15, 1982, and all subsequent changes or revisions on which the Federal Emergency Management Agency designated and/or delineated both the areas of flooding potential and/or special flood hazards and the risk premium zones applicable to the community, and any amended and/or successor maps thereto.

Flood insurance study means the official report provided by the Federal Emergency Management Agency that includes flood profiles, digital flood insurance rate maps, flood insurance rate maps, flood boundary and floodway maps and the water surface elevation of the base flood.

Flood protection means requirements and acts for the development of lands, including new construction, subsequent improvements, and substantial improvements to reduce, minimize, or eliminate adverse impact from flooding or flood damage.

Flood protection system means physical structure(s) or structural work(s) for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify floodplain or floodprone areas to reduce, minimize or eliminate subject to a special flood hazard(s) and the extent of the depths of associated flooding. Such flood protection systems typically include channelization, dam(s), reservoir(s), levee(s), levee system(s), or dike(s). These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Flood-related erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually 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.

Flood-related erosion prone area means land within a community that is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on a map. After a detailed evaluation of the special flood hazard(s) within a special flood-related erosion hazard area, in preparation for publication of the federal insurance rate map (FIRM) or other map, Zone E may be further refined.

Flood-related erosion prone area management means operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including, but not limited to, emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.

Floodplain or floodprone area means any land area susceptible to being inundated by water from any source. (See Flood or flooding )

Floodplain administrator (district administrator) means a state-licensed registered professional engineer, who is expressly designated or appointed by the floodplain board, and who is hereby authorized by the floodplain board to administer and implement the provisions of this article on behalf of the district.

Floodplain board or district board means the board of directors of the flood control district of the county, at such times as they are engaged in the enforcement of this article, and of any other laws.

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.

Floodplain management regulations means the latest edition of, including any county amendments, this article, zoning ordinances, the drainage design manual, 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 floodprone areas. The term "floodplain management regulations" describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Floodplain use permit means a discretionary permit setting forth requirements and conditions of the district and floodplain administrator for any person who is intending to cause development, including, without limitation, new construction, subsequent improvements, and substantial improvements within special flood hazard areas.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce, minimize or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodproofing of residential new construction, subsequent improvements, and substantial improvements, including any portion thereof, is not an alternative to the requirements for lowest floor elevation to be at or above the regulatory flood elevation as the means of elevation height compliance for residential structures. This is not an expressed or implied warranty that flooding or flood damage will not occur.

Floodproofing certification means sealed and signed certification by an appropriate state licensed engineer on a form supplied by the Federal Emergency Management Agency or the floodplain administrator.

Floodway. See Regulatory floodway .

Floodway fringe means that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

Freeboard means an additional amount of height above the base flood elevation used as a factor of safety (e.g., two feet above the base flood) in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with state or community floodplain management regulations.

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 "functionally dependent use" 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.

Governing body means local governing unit, i.e., county or municipality, empowered to adopt and implement regulations to provide for the public health, safety, and general welfare of its citizenry.

Hardship, as related to division 4 of this article, means the continuing existence of a unique condition causing an exceptional burden, prejudice, and damage that would result from a failure to grant the requested variance. The governing body requires that the variance be exceptional, unusual, and peculiar to the property involved, and not created or allowed by the applicant, current or past owner, or current or past user of the property. Mere economic or financial burden, prejudice, and damage alone are not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the approval or disapproval of one's neighbors, likewise cannot qualify as or determine an exceptional burden, prejudice, and damage. If 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, a hardship shall not be determined to exist for the purpose of administering this article.

Highest adjacent finished grade means the highest finished ground elevation after construction next to the walls of a structure.

Highest adjacent natural grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

(1)

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;

(2)

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;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs that the Secretary of the Interior has approved; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

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

b.

Directly by the Secretary of the Interior in states without approved programs.

Insurance Service Organization ("ISO") means independent insurance rating service that the district and the Federal Emergency Management Agency may use to assist in or to designate insurance ratings and modifications therein.

Laws means all applicable federal, state, county, involved municipality or administrative agency laws, effective county orders, and appellate court decision of record.

Levee means a person-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.

Levee system means a flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

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 non-elevation design requirements of this article.

Lowest floor (manufactured home) means the lowest finished floor of the manufactured home or the ground within the crawlspace if it is enclosed on all four sides with solid non-break away type skirting.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed for use with or without a permanent foundation when attached to required utilities. The term "manufactured home" does not include a recreational vehicle.

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.

Map(s) means flood hazard boundary maps, flood boundary and floodway maps, flood insurance rate maps or digital flood insurance rate maps for a community already issued by the Federal Emergency Management Agency, or which may, subsequent to adoption of the ordinance from which this article is derived, be designated or issued by the Federal Emergency Management Agency.

Market value is determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed.

(1)

The cost of replacement of the structure shall be based on a square-foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry.

(2)

The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence.

Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by a state certified or licensed, independent professional appraiser and supported by a written explanation of the differences.

Mean sea level . For purposes of the national flood insurance program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

National flood insurance program means the program of flood insurance coverage and floodplain management administered under the Act and applicable federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B.

Natural and beneficial functions of floodplains includes, but is not limited to, the following: natural flood and sediment storage and conveyance, water quality maintenance, groundwater recharge, biological productivity, fish and wildlife habitat, harvest of natural and agricultural products, recreation opportunities, and areas for scientific study and outdoor education.

New construction, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements and substantial improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulations or ordinance as first adopted by the county on January 30, 1978, or other community and includes any subsequent improvements or substantial improvements to such structure(s).

New development. See Development .

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.

One hundred year flood or 100-year flood means the flood having a one percent chance of being equaled or exceeded in any given year. See Base flood .

Permits. See Floodplain use permit .

Permitted use means an allowed use that, without permission as provided in this article, would be an encroachment and/or violation.

Person means an individual or the individual's agent, a firm, partnership, association or corporation, or an agent of the aforementioned groups, or this state or its agencies or political subdivisions.

Ponding means runoff that collects in depressions and cannot drain out, creating a temporary pond.

Post-flood insurance rate map building. For insurance rating purposes, a post-flood insurance rate map building was constructed or substantially improved after March 15, 1982, the effective date of the initial flood insurance rate map of the county. A post-flood insurance rate map building is required to meet the national flood insurance program's minimum regular program flood protection standards.

Pre-flood insurance rate map building. For insurance rating purposes, a pre-flood insurance rate map building was constructed or substantially improved on or before March 15, 1982, the effective date of the initial flood insurance rate map of the county. Most pre-flood insurance rate map buildings were constructed without taking the flood hazard into account.

Pre-flood insurance rate map 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 slabs) is completed before the effective date of the first floodplain management regulations adopted by the community.

Principally above ground means at least 51 percent of the actual cash value of the structure, less land value, is above ground.

Program means the national flood insurance program authorized by 42 USC 4001—4128.

Program deficiency means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the standards in section 60.3, 60.4, 60.5, or 60.6.

Property floodplain information means a written report that states the effective Federal Emergency Management Agency floodplain mapping designation of a parcel or structure.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projection;

(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 temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory flood elevation means an elevation one foot above the base flood elevation for a watercourse for which the base flood elevation has been determined and shall be determined by the criteria developed by the director of the ADWR for all other watercourses.

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 a designated height.

Remedy a violation means to bring 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 article or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

Repetitive loss structure means a national flood insurance program-insured structure that has had at least two paid flood losses of more than $1,000.00 each in any ten-year period since 1978.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Setback means distance from the bank or edge of a watercourse, as measured from the closest edge of the watercourse bank to the development site; the prescribed distance from the bank or edge of a watercourse required for a structure to be constructed for purposes of improved health, safety, and/or welfare.

Sheet flow area. See Area of shallow flooding.

Special flood hazard area means the land in the floodplain within a community subject to a one percent chance of flooding being equaled or exceeded in any given year. The special flood hazard area is shown on a flood boundary and floodway map or flood insurance rate map as Zone A, AO, A1-A30, AE, A99, or AH.

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.

Structure means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. The term "structure", for insurance purposes, means:

(1)

A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;

(2)

A manufactured home ("a manufactured home," also known as a mobile home, is a structure built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or

(3)

A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws.

For the latter purpose, the term "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in subsection (3) of this definition, or a gas or liquid storage tank.

Subdivision means any real property, divided or being divided, as defined by A.R.S. § 32-2101 et seq., or its successor, and any land division subject to and/or submitted for review and recommendation by the county planning or zoning commission or municipal planning and zoning commission (if applicable), and approved by the community's board of supervisors or council.

Subsequent improvement means any development, construction, reconstruction, rehabilitation, structural repair, alteration, addition, replacement, placement, or other change, modification, or improvement to real property and/or appurtenances thereupon, including any structure that was initially new construction or a subsequent improvement, subject to this article.

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 improvement means construction, reconstruction, rehabilitation, structural repair, alteration, addition, replacement, placement, other change, modification, or improvement to real property and/or appurtenances thereupon, including any 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 that have incurred substantial damage, regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either:

(1)

Any project for development or improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and are the minimum necessary to ensure safe living conditions or compliance with laws; or

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure; any addition to a historic structure that is not included with the designation of historic structure is not excepted from the requirements that would otherwise be applicable to substantial improvements.

Variance means 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 failure of a structure or other development to be fully compliant with the community's floodplain management regulations and, in particular, this article. 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 documentation, evidencing compliance, is provided.

Violator means the person who causes or allows development to occur, including the placement of a structure, that is not in compliance with the community's floodplain management regulations and, in particular, this article.

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

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.

Watercourse master plan means a hydraulic plan for a watercourse that examines the cumulative impacts of existing development and future encroachment in the floodplain and future development in the watershed on potential flood damages, and establishes technical criteria for subsequent development so as to minimize potential flood damages for all flood events up to and including the 100-year flood.

Zone A means areas with a one percent chance of flooding being equaled or exceeded in any given year and a 26 percent chance of flooding being equaled or exceeded over the life of a 30-year mortgage. Because detailed analyses are not performed for such areas, no depths or base flood elevations are shown within these zones.

Zone AE means the base floodplain where base flood elevations are provided. AE Zones are now used on new format flood insurance rate maps instead of A1-A30 Zones.

Zone AH means areas with a one percent chance of shallow flooding being equaled or exceeded within any given year, usually in the form of a pond, with an average depth ranging from one to three feet. These areas have a 26 percent chance of flooding being equaled or exceeded over the life of a 30-year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones.

Zone AO means river or stream flood hazard areas, and areas with a one percent chance of shallow flooding being equaled or exceeded within any given year, usually in the form of sheet flow, with an average depth ranging from one to three feet. These areas have a 26 percent chance of flooding being equaled or exceeded over the life of a 30-year mortgage. Average flood depths derived from detailed analyses are shown within these zones.

Zone D means areas with possible but undetermined flood hazards. No flood hazard analysis has been conducted. Flood insurance rates are commensurate with the uncertainty of the flood risk.

Zone X (B) (shaded) means area of moderate flood hazard, usually the area between the limits of the 100-year and 500-year floods; are also used to designate base floodplains of lesser hazards, such as areas protected by levees from 100-year flood, or shallow flooding areas with average depths of less than one foot or drainage areas less than 1 square mile.

Zone X (C) (unshaded) means area of minimal flood hazard, usually depicted on flood insurance rate maps as above the 500-year flood level.

( Ord. No. 2000-00 , § 2.0, 11-6-2000; Ord. No. 2014-01 , § 2, 5-19-2014)