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15.28.040. Definitions

            Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter it's most reasonable application.

            (1)        "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; and unpredictable flow paths.

            (2)        "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.

            (3)        "Appeal" means a request for a review by the Board of Adjustment for the interpretation of any provision of this Chapter or a request for a variance.

            (4)        "Area of shallow flooding" means a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) chance or greater annual chance of flooding to an average depth of one to three feet (1' to 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.

            (5)        "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

            (6)        "Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year.

            (7)        "Basement" means any area of the building having its floor sub-grade (below ground level) on all sides.

            (8)        "Building" means any structure having a roof supported by columns or walls, intended for or used for the shelter, housing, or enclosure of any person, animal, chattel, or property of any kind.

            (9)        "Critical feature" means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

            (10)      "Development" means 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 located within the area of special flood hazard.

            (11)      "Elevated building" means a non-basement building (i) built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water; and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.  In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.  In the case of Zones V1-30,VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations.

            (12)      "Existing construction" means 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."

            (13)      "Existing 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 street, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

            (14)      "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured 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).

            (15)      "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source.

            (16)      "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emergency Management Agency (FEMA) has delineated both the special hazard areas and the risk premium zones applicable to the community.

            (17)      "Flood insurance study" is the official report provided by the Federal Emergency Management Agency (FEMA).  The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map.

            (18)      "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source.  (See definition of "Flooding.")

            (19)      "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

            (20)      "Floodplain management regulations" means 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.

            (21)      "Flood protection system" means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding.  Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees, or dikes.  These specialized flood modifying works are those constructed in conformance with sound engineering standards.

            (22)      "Flood proofing"  means any combination of structural and non-structural 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.

            (23)      "Floodway (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.

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

            (25)      "Historic structure" means 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 Interior; or

                        (d)        individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

                                    (i)         by an approved state program as determined by the Secretary of the Interior; or

                                    (ii)        directly by the Secretary of the Interior in states without approved programs.

            (26)      "Levee" means a man-made structure; usually an earthen embankment designed and constructed in accordance with accepted engineering standards to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

            (27)      "Levee system" means 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 accordance with accepted engineering standards.

            (28)      "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 any 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 Title.

            (29)      "Manufactured home" means 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 connected to the required utilities.  For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.  For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

            (30)      "Manufactured home park or subdivision" (for application to the Floodplain Hazard Regulations Chapter or this Title) means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

            (31)      "Mean sea level" means, for the 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 (FIRM) are referenced.

            (32)      "New construction" means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent 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 regulation adopted by a community and includes any subsequent improvements to such structures.

            (33)      "New 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 pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

            (34)      "One hundred (100) year flood hazard area" means any designated "A" zone shown on the FIRM mapping.  This shall include any A, AE, AH, AO, AR, or A99 designations on the FIRM mapping.

            (35)      "Planning Commission" means an official body established by the City Council of Layton City which shall administer this Chapter.

            (36)      "Recreational vehicle" means a vehicle which is:

                        (a)        built on a single chassis;

                        (b)        four hundred (400) square feet or less when measured at the largest horizontal projections;

                        (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.

            (37)      "Start of construction" includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (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 a 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 the 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.

            (38)      "Structure" means that which is framed, erected, constructed, or placed upon the ground and shall include fences, walls, and bridges, etc.

            (39)      "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

            (40)      "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either:

                        (a)        before the improvement or repair is started; or

                        (b)        if the structure has been damaged and is being restored, before the damage occurred.  For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

                        The term does not, however, include either:

                                    (i)         Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

                                    (ii)        Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

            (41)      "Variance" means a grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter.

            (42)      "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations.  A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance Program Regulations is presumed to be in violation until such time as that documentation is provided.

            (43)      "Water surface elevation" means 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 floodplains of coastal or riverine areas.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 944, Amended, 12/5/1991
Ord. No. 97-17, Amended, 4/3/1997
Ord. No. 07-24, Amended, 7/5/2007

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