ABANDONED SIGN:

A sign that pertains to a business, industry or service that is no longer located on the premises where the sign is located. This includes relocation and the termination of business activities on site.

ADDRESS SIGN:

A sign or portion of a sign utilized to identify the address of a dwelling unit or business.

AUTOMATED SIGN:

A sign with a fixed or changing display capable of displaying words, symbols, figures or images composed of a series of light emitting elements or moving panels or parts; including, but not limited to, tripaneled, digital, electronic message boards, light emitting diodes (LED) signs or signs that in any other way move or create the illusion of movement. This definition does not include signs with copy that is manually changed.

BILLBOARD:

A flat and/or projected display surface, using mechanically or electronically actuated devices, usually elevated aboveground on a pole or structure, used for the purpose of displaying advertisements to the public are considered billboards, unless specifically defined elsewhere in this code.

BUILDING FRONTAGE:

The total amount of contiguous building length that fronts an existing public or private street or common circulation area that has an entrance available for public use. In cases where there is more than one (1) unit within a building the face of the building as a whole, rather than the individual units, shall be used in determining the building's face and in calculating all wall signs.

BULLETIN BOARD:

A permanent notice board sign utilized for the purpose of leaving public messages. Bulletin boards are intended to be viewed by pedestrians and are often made of a material such as cork.

DECORATIONS:

Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, state, local or religious holiday or celebration.

DIRECTIONAL SIGN:

A sign intended to provide directions for pedestrian or vehicular traffic.

DIRECTORY SIGN:

A wall, freestanding, monument or other sign within a multi-tenant development that is used to convey directions or other information to emergency services, pedestrians and motorists who have entered the boundaries of the development.

ELECTRONIC MESSAGE BOARD:

An automated sign with a fixed or changing display composed of a series of lights that can be electronically or mechanically changed by remote or automatic means (see definition of Automated Sign).

ERECTION OF A SIGN:

The construction, placement, relocation, enlargement, posting or display of a sign.

EXEMPT SIGN:

Any sign as defined by section 8-4F-8 of this article. These signs are exempt from the permit requirements of this article.

EXPANSION OF A SIGN:

Any increase in the dimension of the sign, supporting structure, message surface or messaging capabilities.

FLAG:

A piece of cloth or other similar material usually attachable by one (1) edge to a pole or rope.

FRAME:

A complete, static display screen utilized for message display.

FRAME EFFECT:

A frame transition or visual effect on a message display.

1. Dissolve:

A mode of message transition accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.

2. Fade:

A mode of message transition accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

3. Flashing:

A mode of message transition where content is displayed one (1) or more times in a brief and sudden burst.

4. Scroll:

A mode of message transition where the message appears to move across the display surface.

FREESTANDING SIGN:

A sign that is attached to, erected on or supported by a structure (such as posts, columns, or other supports) that is not a building.

FULLY SHIELDED:

A lighting fixture with shielding so light rays emitted by the fixture project only below the horizontal plane (less than ninety (90) degrees) passing through the lowest point on the fixture from which light is emitted.

HANGING SIGN:

A sign that is suspended above a pedestrian walkway, attached to the building wall, or overhang typically oriented perpendicular to the building face to which the sign is attached.

HAZARD SIGN:

A sign warning of danger or hazardous conditions.

ILLEGAL SIGN:

A sign that has never received the applicable permit as required by the adopted sign ordinance during which the sign was constructed or altered.

ILLUMINATION:

A supply of light intended to affect a sign.

1. External Illumination:

A sign that is affected by an artificial light source that is not contained within the sign or awning itself. This includes lighting such as halo lighting, where the light source is located within or behind a sign reflecting light off the mounting surface so as to create the appearance of a halo of light (see Figure 1).

Figure 1: External Illumination

2. Internal Illumination:

Illumination of a sign or awning from a light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. This includes characters, letters, figures, designs or outline which is illuminated by gas filled luminous tubes, such as neon, argon or fluorescent.

INTERIOR SIGN:

See definition of window sign.

LED SIGN:

An automated sign comprised of light emitting diodes (LED).

LITHOGRAPH:

Engraving, carving or etching into a masonry surface or inlaid so as to be part of a building.

MANUAL CHANGEABLE COPY SIGN:

A changeable copy sign, any visible part of which is constructed with removable letters and is not electronically changeable.

MONUMENT SIGN:

A sign mounted on a foundation at ground level and with no structural break between the foundation and the signage area.

MULTI-TENANT DEVELOPMENT SIGN:

A sign that identifies two (2) or more business establishments that share a building, vehicle access and/or parking.

NONCONFORMING SIGN:

A sign that does not comply with the provisions of this article but has received applicable permits.

OCCUPANT SIGNS:

A sign indicating the name of the occupant or identification of a home or professional office.

OFF PREMISES SIGN:

A sign that is not clearly incidental to the permitted use on the premises which the sign is located. Off premises signs include, but are not limited to, signs on bus benches, and mobile signs.

ON PREMISES SIGN:

A sign that is located on the same property as the location of the business or service the sign is identifying.

PORTABLE SIGN:

A-frame, T-frame and similar freestanding movable signs.

PROJECTING SIGN:

See definition of hanging sign.

PUBLIC USE:

Government signs that are for traffic control; regulatory; or identify parks, bus stops, greenbelt and pathways, part of an adopted memorial program; or identify other municipal features or facilities.

ROOF SIGN:

A sign located above the parapet on a building with a flat roof, or above the fascia board on a building with a pitched roof.

SIGN:

Any device visible to the public right-of-way or other properties used to communicate commercial or noncommercial information.

SIGN AREA:

The entire copy area within a contiguous perimeter, enclosing the extreme limits of sign display, including any frame or border, but not including any supporting structure. The calculation of sign area is based on one (1) display side if the sign faces are parallel or within thirty (30) degrees of parallel. If the sign faces are not parallel or within thirty (30) degrees of parallel, all sign faces are counted (see Figure 2).

Figure 2: Face Determination

The area of a sign is determined based on the outer dimensions of the frame or cabinet surrounding the sign face (see Figure 3).

Figure 3: Area Determination

The area of a sign comprised of individual letters or elements attached to a building wall is determined by calculating the area of the smallest geometric figure (e.g., square, rectangle, circle, polygon, etc.) that can be drawn around the letters and/or elements. Signs consisting of individual letters and/or elements will be measured as one (1) sign when the distance between the letters and/or elements is less than the largest dimension of the largest sign letter (see Figure 4).

Figure 4: Area Determination Individual Letter And Multiple Element Signs

SIGN DISTRICT:

The general district in which all properties are divided allowing for signage based on the desired nature of the future land use as depicted in the Garden City comprehensive map reflected on the sign district map. See section 8-4F-6, figure 7 of this article.

SIGN HEIGHT:

The vertical distance measured from the lowest adjacent grade to the highest point of the sign structure. If the street to which the sign is oriented is higher than the grade at the base of the sign, then the street elevation at the adjacent curb shall be used in determining the permitted height.

SIGN MAP:

The official sign map of the city of Garden City; the visual depiction of the boundaries of the sign districts.

SIGN SETBACK:

The horizontal distance from the closest property line to any portion of a sign or sign structure.

SIGN TYPE:

The designation of materials and/or style of sign construction. Where a proposed sign includes elements of two (2) different sign types, the whole sign shall be considered the type of sign that constitutes more than seventy percent (70%) of the overall sign. Where the sign is constructed of less than seventy percent (70%) of a single sign type, the planning official or designee must determine the appropriate classification of the sign based on the dominant characteristics of the proposed sign.

The following are sign types defined by this article:

1. Cabinet Sign (Also Known As Box Sign):

A sign with text or symbols printed on a plastic or acrylic sheet that is mounted on a cabinet or box that houses the lighting source and equipment.

2. Channel Letter Sign:

A wall sign consisting of individual letters, numbers or symbols mounted directly on the face of the building or on a raceway that is mounted to the face of the building (see Figure 5).

Figure 5: These examples of channel letter signs are raceway mounted and pin mounted, respectively.

3. Distinctive Materials/Design Sign:

Permanent custom made signs that do not include a raceway or visible electrical housing and that are constructed primarily of the following materials and/or design methods (see Figure 6).

a. Ceramic tile: painted or sandblasted;

b. Wood: carved or sandblasted;

c. Metal: formed, etched, cast or engraved;

d. Brick or stone: with recessed or raised lettering;

e. Glass: painted or etched;

f. Other: similar high-quality exterior grade materials; or superior design approved through design review.

Figure 6: Examples of distinctive materials signs: ceramic, wood, metal and stone, respectively.

STREET FRONTAGE:

The total amount of property line contiguous to an existing public street from which the sign is intended to be visible from, but not including alleyways, parking lots or drive aisles. Frontage is most frequently the front of the lot. Corner lots and double fronted lots may have two (2) sides fronting a public street.

STRUCTURALLY ATTACHED:

Signs on a supporting structure of another sign.

TEMPORARY SIGN:

A sign such as, but not limited to, a banner, poster or inflatable figurine that is not permanently mounted or embedded in the ground.

TIME AND TEMPERATURE:

Display of only time and/or temperature.

WALL SIGN:

A sign which is attached to or painted on the exterior wall of a building with the display surface approximately parallel to the building wall.

WINDOW SIGN:

A sign applied directly onto a window or internal to the window, or is located within the interior of a business and is visible from the public right-of-way or areas accessible to pedestrians. Window signs include, without limitation, the application of words and logos on window glass, the use of hanging signs and paper signs in windows.

ACCESSORY STRUCTURE (APPURTENANT STRUCTURE):

A structure on the same lot or parcel as a principal structure, the use of which is incidental and subordinate to the principal structure.

ADDITION (TO AN EXISTING BUILDING):

An extension or increase in the floor area or height of a building or structure.

APPEAL:

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

AREA OF SHALLOW FLOODING:

A designated AO, AH, AR/AO, or AR/AH zone on a community's flood insurance rate map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one (1') to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD:

See Special Flood Hazard Area (SFHA).

BASE FLOOD:

One hundred (100) year flood; the flood having a one percent (1%) chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE):

A determination by the Federal Insurance Administrator of the water surface elevations of the base flood; that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year. When the BFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a federal, state, or other source using FEMA-approved engineering methodologies. This elevation, when combined with freeboard, establishes the flood protection elevation.

BASE FLOODPLAIN:

Special flood hazard area (SFHA); the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

(See section 8-7A-2 of this title.)

BASEMENT:

Any area of the building having its floor subgrade (below ground level) on all sides (including, for example, a crawlspace).

BUILDING:

See Structure.

CRITICAL FACILITIES:

Facilities that are vital to flood response activities or critical to the health and safety of the public before, during, and after a flood, such as hospital, emergency operations center, electric substation, police station, fire station, nursing home, school, vehicle and equipment storage facility, or shelter; and facilities that, if flooded, would make the flood problem and its impacts much worse, such as a hazardous materials facility, power generation facility, water utility, or wastewater treatment plant.

DATUM:

The vertical datum is a base measurement point (or set of points) from which all elevations are determined. Historically, that common set of points was the National Geodetic Vertical Datum of 1929 (NGVD29). The vertical datum currently adopted by the federal government as a base for measuring heights is the North American Vertical Datum of 1988 (NAVD88).

DEVELOPMENT:

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, or storage of equipment or materials.

DEVELOPMENT ACTIVITY:

Any activity defined as development, which will necessitate a floodplain development permit, such as: construction of buildings, structures, or accessory structures; additions or substantial improvements to existing structures; bulkheads, retaining walls, piers, and pools; the placement of mobile homes; or the deposition or extraction of materials; the construction or elevation of dikes, berms and levees.

DIGITAL FLOOD INSURANCE RATE MAP (DFIRM):

The digital official map of a community, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.

ELEVATED BUILDING:

For insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

ELEVATION CERTIFICATE:

The elevation certificate is an important administrative tool of the NFIP. It is used to determine the proper flood insurance premium rate; it is used to document elevation information; and it may be used to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).

ENCLOSURE:

An area enclosed by solid walls below the BFE/FPE or an area formed when any space below the BFE/FPE is enclosed on all sides by walls or partitions. Insect screening or open wood lattice used to surround space below the BFE/RFPE is not considered an enclosure.

ENCROACHMENT:

The advance or infringement of uses, fill, excavation, buildings, structures, or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

EXISTING CONSTRUCTION:

For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION:

A manufactured home park or subdivision where 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 final site grading or the pouring of concrete pads) is completed before the effective date of the original floodplain management regulations adopted by the community, January 17, 1979.

EXISTING STRUCTURES:

See Existing Construction.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION:

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FIVE HUNDRED (500) YEAR FLOOD:

The flood having a two-tenths of a percent (0.2%) chance of being equaled or exceeded in any given year.

FIVE HUNDRED (500) YEAR FLOOD ELEVATION (FHYFE):

A determination by the Federal Insurance Administrator of the water surface elevations of the five hundred (500) year flood; that is, the flood level that has a two-tenths of a percent (0.2%) or greater chance of occurrence in any given year. When the FHYFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a federal, state, or other source using FEMA-approved engineering methodologies.

FIVE HUNDRED (500) YEAR FLOODPLAIN:

The land in the floodplain within a community subject to a two-tenths of a percent (0.2%) or greater chance of flooding in any given year. This is inclusive of the base floodplain.

FLOOD OR FLOODING:

A. A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters; or

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

3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection A.2 of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

B. 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 which results in flooding as defined in subsection A.1 of this definition.

(See section 8-7A-2 of this title.)

FLOOD ELEVATION DETERMINATION:

See Base Flood Elevation (BFE).

FLOOD ELEVATION STUDY:

See Flood Insurance Study (FIS).

FLOOD FRINGE:

Flood fringe is that portion of the floodplain outside of the floodway covered by floodwaters during the regulatory flood. Idaho Code Section 46-1021.

FLOOD HAZARD BOUNDARY MAP (FHBM):

An official map of a community, issued by the Federal Insurance Administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards been designated as Zones A, M, and E.

FLOOD INSURANCE RATE MAP (FIRM):

An official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.

(See section 8-7A-2 of this title.)

FLOOD INSURANCE STUDY (FIS):

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 PROTECTION ELEVATION (FPE):

The base flood elevation plus required freeboard.

1. In "Special Flood Hazard Areas" where the base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet (2') of freeboard; and

FLOOD ZONE:

A geographical area shown on a flood hazard boundary map (FHBM) or flood insurance rate map (FIRM) that reflects the severity or type of flooding in the area.

FLOODPLAIN OR FLOOD-PRONE AREA:

Any land area susceptible to being inundated by water from any source (see definition of "Flood or flooding.")

(See section 8-7A-2 of this title.)

FLOODPLAIN ADMINISTRATOR:

The planning official or individuals authorized by the planning official or mayor of Garden City to administer and enforce the floodplain management regulations.

(See section 8-7A-2 of this title.)

FLOODPLAIN DEVELOPMENT PERMIT:

Any type of permit that is required in conformance with the provisions of chapter 8-4, article H of this title, prior to the commencement of any development activity.

(See section 8-7A-2 of this title.)

FLOODPLAIN MANAGEMENT:

The operation of an overall program of corrective and preventive measure for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

(See section 8-7A-2 of this title.)

FLOODPLAIN MANAGEMENT REGULATIONS:

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a 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.

(See section 8-7A-2 of this title.)

FLOODPROOFING:

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.

FLOODWAY:

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.

(See section 8-7A-2 of this title.)

FREEBOARD:

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for selected size flood and the floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effects of urbanization in a watershed. The base flood elevation (BFE) plus the freeboard establishes the flood protection elevation (FPE). Freeboard shall be at least two feet (2').

FUNCTIONALLY DEPENDENT USE:

A facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair facilities. The term does not include long-term storage, manufacture, sales, or service facilities.

HIGHEST ADJACENT GRADE (HAG):

The highest natural elevation of the grade that meets the proposed walls of a structure or any accessory structure. Refer to the FEMA elevation certificate for HAG related to building elevation information.

HISTORIC STRUCTURE:

A structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the 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 to a district preliminarily determined by the Secretary to qualify as a registered historic district;

C. Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or

D. Individually listed on local inventory of historic places and determined as eligible by 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.

(See section 8-7A-2 of this title.)

LETTER OF MAP CHANGE (LOMC):

A general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They include letter of map amendment (LOMA), letter of map revision (LOMR), and letter of map revision based on fill (LOMR-F).

1. LETTER OF MAP AMENDMENT (LOMA):

An official amendment, by letter, to an effective national flood insurance program (NFIP) map. A LOMA establishes a property's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation.

2. LETTER OF MAP REVISION (LOMR):

FEMA's modification to an effective flood insurance rate map (FIRM) or a flood boundary and floodway map (FBFM) or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the flood insurance rate map (FIRM) or flood boundary and floodway map (FBFM), and sometimes the flood insurance study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or FIS report.

3. LETTER OF MAP REVISION BASED ON FILL (LOMR-F):

FEMA's modification of the special flood hazard area (SFHA) shown on the flood insurance rate map (FIRM) based on the placement of fill outside the existing regulatory floodway. The LOMR-F does not change the FIRM, FBFM, or FIS report.

4. CONDITIONAL LETTER OF MAP REVISION (CLOMR):

A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map (FIRM) or flood insurance study (FIS). Upon submission and approval of certified as-built documentation, a letter of map revision (LOMR) may be issued by FEMA to revise the effective FIRM. Building permits and/or flood development permits cannot be issued based on CLOMR, because a CLOMR does not change the NFIP map.

LEVEE:

A manmade structure, usually an earthen embankment, designed and constructed according to sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

(See section 8-7A-2 of this title.)

LEVEE SYSTEM:

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.

(See section 8-7A-2 of this title.)

LOCAL GOVERNMENT:

Any county or city having planning and zoning authority to regulate land use within its jurisdiction.

(See section 8-7A-2 of this title.)

LOWEST ADJACENT GRADE (LAG):

The lowest natural elevation of the grade that meets the proposed walls of a structure or any accessory structure. Refer to FEMA elevation certificate for LAG related to building elevation information.

LOWEST FLOOR:

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 as to render the structure in violation of the applicable nonelevation design requirements of 44 CFR Section 60.3 and this article.

MAINTENANCE (IRRIGATION):

The act of ongoing upkeep of existing structures required to keep channels in a condition adequate to support the conveyance of irrigation and drainage water (this does not include the complete replacement or substantial replacement of an existing structure). "Maintenance" is further defined as the care or upkeep of channels, works, appurtenances, easements, utility corridors and property; to keep in an existing state, specified state of repair, and efficiency; return to a former condition, elevation, place, and position; to preserve from failure or decline; or repair or renovate so as to return it to its original condition. "Maintenance" does not include dredging as defined herein.

MANUFACTURED HOME:

A structure, transportable in one (1) or more sections, built on permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "Manufactured Home" does not include a "Recreational Vehicle."

MANUFACTURED HOME PARK OR SUBDIVISION:

A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MARKET VALUE:

The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or tax assessed values.

(See section 8-7A-2 of this title.)

MEAN SEA LEVEL:

For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum (such as North America Vertical Datum of 1988 – NAVD88) to which base flood elevations (BFEs) shown on a community's FIRM are referenced.

MITIGATION:

Means any action taken which will reduce the impact, damage, or cost of the next flood that occurs.

MUDSLIDE (I.E., MUDFLOW):

Describes a condition where there is a river, flow, or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain. A mudslide (i.e., mudflow) may occur as a distinct phenomenon while a landslide is in progress, and will be recognized as such by the administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.

MUDSLIDE (I.E., MUDFLOW) AREA MANAGEMENT:

The operation of an overall program of corrective and preventive measure for reducing mudslide (i.e., mudflow) damage, including but not limited to emergency preparedness plans, mudslide control works, and floodplain management regulations.

MUDSLIDE (I.E., MUDFLOW) PRONE AREA:

An area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

NATIONAL FLOOD INSURANCE PROGRAM (NFIP):

The NFIP is a federal program created by Congress to mitigate future flood losses nationwide through sound community-enforced building and zoning ordinances and to provide access to affordable, federally backed flood insurance protection for property owners.

(See section 8-7A-2 of this title.)

NEW CONSTRUCTION:

A structure for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures, with the exception of exempt improvements. Any construction started after January 12, 1979, and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

NEW MANUFACTURED HOME PARK OR SUBDIVISION:

A place where 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 final site grading or the pouring of concrete pads) is completed on or after January 12, 1979.

OPERATION (IRRIGATION):

The regular and reoccurring performance of typical work by an irrigation or drainage entity including, but not limited to, the delivery or drainage of water, measurement of water, and adjustment of irrigation and drainage works and all related appurtenances.

PERSON:

Any individual, group of individuals, corporation, partnership, association, political subdivision, public or private agency, or entity.

(See section 8-7A-2 of this title.)

POST-FIRM:

Construction or other development for which the "start of construction" occurred on or after May 15, 1980, the effective date of the initial flood insurance rate map (FIRM).

PRE-FIRM:

Construction or other development for which the "start of construction" occurred before May 15, 1980, the effective date of the initial flood insurance rate map (FIRM).

RECREATIONAL VEHICLE:

A vehicle that is:

1. Built on a single chassis; and

2. Four hundred (400) square feet or less when measured at the largest horizontal projection; and

3. Designed to be self-propelled or permanently towed 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:

A flood determined to be representative of large floods known to have occurred in Idaho and which may be expected to occur on a particular stream because of like physical characteristics. The regulatory flood is based upon a statistical analysis of stream flow records available for the watershed or an analysis of rainfall and runoff characteristics in the watershed. In inland areas, the flood frequency of the regulatory flood is once in every one hundred (100) years. This means that in any given year there is a one percent (1%) chance that a regulatory flood may occur or be exceeded.

(See section 8-7A-2 of this title.)

REGULATORY FLOODWAY:

See "Floodway."

(See section 8-7A-2 of this title.)

REMEDY A VIOLATION:

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 impact 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 federal financial exposure with regard to the structure or other development.

REPAIR (IRRIGATION):

The restoration to good or sound conditions of any part of an existing structure, channel, channel bank, or service road for the purpose of maintenance (this does not include the complete replacement or substantial replacement of an existing structure). Repair does not include dredging as defined herein.

REPETITIVE LOSS STRUCTURE:

An NFIP-insured structure that has had at least two (2) paid flood losses of more than one thousand dollars ($1,000) each in any ten (10) year period since 1978.

RIVERINE:

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

(See section 8-7A-2 of this title.)

SECLUSION:

A temporary solution to allow flood insurance studies (FIS) to be released and provide updated flood hazard information to communities other than those that have non-accredited levee systems. This is accomplished by secluding areas of Garden City which are protected by a non-accredited levee system. The effective FIS and flood insurance rate maps (FIRMS) will continue to reflect the previously effective hazard information.

START OF CONSTRUCTION:

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 one hundred eighty (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 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:

A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

SUBSTANTIAL DAMAGE:

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 percent (50%) of its market value before the damage occurred. "Substantial damage" also means flood-related damage sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each flood event, on average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred. Legal nonconforming structures in the SFHA are allowed to remain until such time as they have substantial damage or become a substantial improvement.

(See section 8-7A-2 of this title.)

SUBSTANTIAL IMPROVEMENT:

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) 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 actual repair work performed. Legal nonconforming structures in the SFHA are allowed to remain until such time as they have substantial damage or become a substantial improvement. This term does not, however, include either:

A. 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 ensure safe living conditions; or

B. Any alteration of a historic structure; provided, that the alteration will not preclude the structure's continued designation as a historic structure and the alteration is approved by variance.

(See section 8-7A-2 of this title.)

TEMPERATURE CONTROLLED:

Having the temperature regulated by a heating and/or cooling system, built-in or appliance.

VARIANCE:

A grant of relief by the governing body from a requirement of this article.

VIOLATION:

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 finished construction elevation certificate, other certifications, or other evidence of compliance required in 44 CFR Section 60.3 is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION:

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

WATERCOURSE:

A lake, river, creek, stream, wash, 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.