[Ord. No. 79-011, § 505.1; Ord. No. 01-03; Ord. No. 04-09]
As used in this section:
ACCESSORY USEMeans a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
ALLUVIAL FANMeans 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 on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
APEXMeans the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
APPEALMeans a request for a review of the Flood Plain Administrator's interpretation of any provision of this section.
AREA OF SHALLOW FLOODINGMeans a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three (1-3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARDMeans the land in the flood plain within a community subject to a one (1%) percent or greater chance of flooding in any given year. It is shown on a FIRM as Zone A, AO, A1-30, AE, A99, AH, V1-30, VE or V.
BASE FLOODMeans the flood having a one (1%) percent chance of being equaled or exceeded in any given year.
BASEMENTMeans any area of the building having its floor subgrade, i.e., below ground level, on all sides.
BREAKAWAY WALLSAre 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 (10) and no more than twenty (20) 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.
COASTAL HIGH HAZARD AREAMeans an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE or V.
DEVELOPMENTMeans any man-made 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 located within the area of special flood hazard.
ENCROACHMENTMeans the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a flood plain which may impede or alter the flow capacity of a flood plain.
FLOOD OR FLOODINGMeans:
a. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and
b. The condition resulting from flood-related erosion.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)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 floodway.
FLOOD HAZARD BOUNDARY MAPMeans the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.
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 community.
FLOOD INSURANCE STUDYMeans the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.
FLOOD-RELATED EROSIONMeans 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 level 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 AREA MANAGEMENTMeans the 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 flood plain management regulations.
FLOOD PLAIN MANAGEMENTMeans 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 flood plain, including but not limited to emergency preparedness plans, flood control works, flood plain management regulations, and open space plans.
FLOOD PLAIN MANAGEMENT REGULATIONSMeans this section and other zoning ordinances, 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 flood-prone areas. This term describes Federal, State or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
FLOOD PROOFINGMeans 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. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet flood proofing.)
FLOODWAYMeans 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 (1) foot. Also referred to as "regulatory floodway."
FLOODWAY FRINGEMeans that area of the flood plain on either side of the "regulatory floodway" where encroachment may be permitted.
FRAUD AND VICTIMIZATIONAs related to subsection
20.52.050, Permit Approval, Variances and Appeals, of this section means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Albany will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and be insured only at very high flood insurance rates.
FUNCTIONALLY DEPENDENT USEMeans 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, and does not include long term storage or related manufacturing facilities.
GOVERNING BODYMeans the local governing unit, i.e., County or municipality, which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
HARDSHIPAs related to subsection
20.52.050, Permit Approval, Variances and Appeals, of this section means the exceptional hardship that would result from a failure to grant the requested variance. The City of Albany requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these 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.
HIGHEST ADJACENT GRADEMeans the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTUREMeans any structure that is:
a. 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;
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.
LEVEEMeans a man-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 SYSTEMMeans a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
LOWEST FLOORMeans the lowest floor of the lowest enclosed area, including basement (see Basement definition).
a. An unfinished or flood resistant enclosure below the lowest floor that is 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 it conforms to applicable nonelevation design requirements, including, but not limited to:
2. The anchoring standards in subsection 20.52.060.A.1;
3. The construction materials and methods standards in subsection
20.52.060A.2; and
b. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see Basement definition). This prohibition includes below-grade garages and storage areas.
MANUFACTURED HOMEMeans a structure, transportable in one (1) 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.
MARKET VALUEShall be 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. 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. 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 Flood Plain 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 an independent professional appraiser and supported by a written explanation of the differences.
MEAN SEA LEVELMeans, 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 referenced.
NEW CONSTRUCTIONFor flood plain management purposes, means structures for which the "start of construction" commenced on or after the effective date of flood plain management regulations by this community, and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISIONMeans 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 pads) is completed on or after the effective date of flood plain management regulations adopted by this community.
OBSTRUCTIONIncludes, 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.
PRIMARY FRONTAL DUNEMeans a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.
PUBLIC SAFETY AND NUISANCEAs related to subsection
20.52.040, Permit Approval, Variances and Appeals, of this section means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLEMeans a vehicle which is:
a. Built on a single chassis;
b. Four hundred (400) square feet or less when measured at the largest horizontal projection;
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.
REGULATORY FLOODWAYMeans 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 (1) foot.
REMEDY A VIOLATIONMeans to bring the structure or other development into compliance with State or local flood plain 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 ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.
RIVERINEMeans relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SAND DUNESMeans naturally occurring accumulations of sand in ridges or mounds landward of the beach.
SPECIAL FLOOD HAZARD AREA (SFHA)Means an area in the flood plain subject to a one (1%) percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.
START OF CONSTRUCTIONIncludes 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 one hundred eighty (180) days from the date of the permit. The actual start shall mean either the first placement of permanent construction of a structure on a site, such as the pouring of slabs 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 as part of the main structure. For a structure without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. 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.
STRUCTUREMeans a walled and roofed building that is principally aboveground; this includes a gas or liquid storage tank or a manufactured home.
SUBSTANTIAL DAMAGEMeans 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 (50%) percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTMeans any repair, reconstruction, rehabilitation, addition or other proposed new improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term 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 and which are the minimum necessary to assure safe living conditions. |
2. | Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. |
VARIANCEMeans, for purposes of this section only, a grant of relief from the requirements of this section which permits construction in a manner that would otherwise be prohibited by this section.
VIOLATIONMeans the failure of a structure or other development to be fully compliant with this section. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATIONMeans the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.
WATERCOURSEMeans 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.