DRRC 06-25-09 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/665-5651
MEMORANDUM FAX: 540/665-6395
To: Development Review and Regulations Committee
From: Candice E. Perkins, AICP, Senior Planner
Subject: June Meeting and Agenda
Date: June 19, 2009
The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on
Thursday, June 25, 2009 at 7:00 p.m. in the first floor conference room (purple room) of the County
Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRC will discuss the
following agenda item:
AGENDA
1) Floodplain Districts. Discussion on revisions to Article XV of the Frederick County Zoning
Ordinance, Floodplain Districts.
Please contact this office if you will not be able to attend the meeting. Thank you.
Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the
building through the rear door of the four-story wing. I would encourage committee members and
interested citizens to park in the County parking lot located behind the new addition or in the joint
Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing.
CEP/bad
Attachments
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Item #1 Floodplain District Revisions
Staff has prepared revisions to Article XV of the Frederick County Zoning Ordinance, Floodplain
Districts. This is the portion of the zoning ordinance that lays out the various floodplain districts and the
uses and disturbance permitted within the various districts. The current regulations are based on the
Flood Insurance Study for Frederick County and Flood Boundary and Floodway Maps, dated July 17,
1978. This map is the official map of a community on which FEMA has delineated both the special
hazard areas and the risk premium zones applicable to the community.
The revisions contained in attachment 1 are based on the Department of Conservation and Recreation's
(DCR) model floodplain ordinance. The DCR is the manager of Virginia's floodplain program and
designated coordinating agency of the National Flood Insurance Program. The revisions to the
Floodplain Districts are necessary to be in conformance with the 2009 Flood Insurance Study and the
Flood Insurance Rate Map for Frederick County prepared by the United States Department of
Housing and Urban Development, Federal Insurance Administration, dated September 2, 2009.
The revisions to the Floodplain Districts are as follows:
• New purpose and applicability sections
• New titles for the study and maps, and new date for the map adoption (2009)
• Renaming the Flood -Fringe District to the Special Floodplain District
• New "Interpretation of District Boundaries" section
• New "General Standards" section
• Revisions to the Floodway District development prohibitions section
• New "Existing Structures in Floodplain Area" section
• New "Penalties for Violations" section
• New and revised definitions
Staff is requesting a recommendation from the DRRC on this proposed ordinance amendment. This
recommendation will be forwarded to the Planning Commission and Board of Supervisors.
Attachments: 1. Revised ordinance with additions shown in bold italics and deletions
are shown with a strikethrough.
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
ARTICLE XV
FP Floodplain Districts
Purpose
The purpose of these provisions are to prevent the loss of life and property, the creation of health
and safety hazards, the disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and relief, and the impairment
of the tax base by:
A. Regulating uses, activities, and development which, alone or in combination with other
existing or future uses, activities, and development, will cause unacceptable increases in
flood heights, velocities, and frequencies;
B. Restricting or prohibiting certain uses, activities, and development from locating within
districts subject to flooding;
C. Requiring all those uses, activities, and developments that do occur in flood prone
districts to be protected and/or flood proofed against flooding and flood damage; and,
D. Protecting individuals from buying land and structures which are unsuited for intended
purposes because of flood hazards.
Applicability
These provisions shall apply to all lands within the jurisdiction of Frederick County and
identified as being in the 100 year floodplain by the Federal Insurance Administration.
Compliance and Liability
A. No land shall hereafter be developed and no structure shall be located, relocated,
constructed, reconstructed, enlarged, or structurally altered except in full compliance with
the terms and provisions of this ordinance and any other applicable ordinances and
regulations which apply to uses within the jurisdiction of this ordinance.
B. The degree of flood protection sought by the provisions of this ordinance is considered
reasonable for regulatory purposes and is based on acceptable engineering methods of
study. Larger floods may occur on rare occasions. Flood heights may be increased by
man-made or natural causes, such as ice jams and bridge openings restricted by debris.
This ordinance does not imply that districts outside the floodplain district, or that land
uses permitted within such district will be free from flooding or flood damages.
C. Records of actions associated with administering this ordinance shall be kept on file and
maintained by the Frederick County Zoning Administrator.
21. Editor's Note: The flood Boundary and Floodway Map is on file in the County offices.
1
1` 1 FT CHANGES TO THE FP FLOODPLAIN DISTRICT
D. This ordinance shall not create liability on the part of Frederick County or any officer or
employee thereof for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
§ '�1: Basis for delineation overlay concept.
A. Basis of districts. The various floodplain districts shall include areas subject to inundation
by waters of the one -hundred -year flood. The basis for the delineation of these districts
shall be the Flood Insurance Study Rate Maps (FIRM) for Frederick County prepared by
the United States DepaFtment of Housing and Urban Deveiopmeffit. Federal Emergency
Management Agency, Federal Insurance Administration, dated July 17, 1978-. September
2, 2009, as amended.
(1) The Floodway District is delineated for purposes of this article using the criteria that
a -certain areas within the floodplain must be capable of carrying the waters of the
one -hundred (100) -year flood without increasing the water surface elevation of that
flood more than one (1) foot at any point. The areas included in this District are
specifically defined in Table 2 of the above -referenced Flood Insurance Study and
shown on the accompanying Flood Boundary and Floodway Map or Flood
Insurance Rate Maps.
(2) The Flood Fr-inge Distfiet shall be that area of the one hundfed yeaf floodplain no
included in the Floodway Distfiet. The Special Floodplain District shall be those
areas identified as an AE Zone on the maps accompanying the Flood Insurance
Study for which one hundred (100) year food elevations have been provided The
basis for the outermost boundary of this district shall be the one -hundred -year flood
elevations contained in the flood profiles of the above -referenced Flood Insurance
Study and shown on the accompanying Flood Boundary and Floodway Map Flood
Insurance Rate Maps.
(3) The Approximated Floodplain District shall be that floodplain area for which no
detailed flood profiles or elevations are provided, but where a one -hundred -year
floodplain boundary has been approximated. Such areas are shown on the Flood
Insurance Rate Maps (as prepared by the United States DepaFtment of Housing
Ur -ban De+ Federal Emergency Management Agency, Federal Insurance
Administration, dated jury?; 197-9 September 2, 2009). In determining the
necessary elevations for the purposes of this article, other sources of data may be
used such as: [Amended 8-12-19921
(a) Corps of Engineers floodplain information reports.
(b) United States Geological Survey flood -prone quadrangles.
(c) United States Department of Agriculture, Soil Conservation Service, flood
hazard analyses.
(d) Known high-water marks from past floods.
(e) Other sources.
21. Editor's Note. The flood Boundary and Floodway Map is on file in the County offices.
2
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
(f) A study performed to determine the base flood elevation by a registered
professional engineer who will certify that the methods used correctly
reflect cur rent y accepted technical concepts.
(4) The Shallow Flooding District shall be those areas identified as Zone AO or AH
on the maps accompanying the Flood Insurance Study.
B. Overlay concept.
(1) The Floodplain Districts described above shall be overlays to the existing underlying
districts as shown on the Official Zoning Ordinance Maps, and as such, the
provisions for the floodplain districts shall serve as a supplement to the underlying
district provisions.
(2) Where there happens to be any conflict between the provisions or requirements of
any of the Floodplain Districts and those of any underlying district, those pertaining
to the Floodplain Districts shall apply.
(3) In the event that any provision concerning a Floodplain District is declared
inapplicable as a result of any legislative or administrative actions or judicial
discretion, the basis underlying district provisions shall remain applicable.
§165-11 Flood Insurance Rate Map.
The boundaries of the Special Flood Hazard Area and Floodplain Districts are established as
shown on the Flood Boundary and Floodway Map Flood Insurance Rate Map, which are by
reference made apart of this aftiele-.n ordinance and which shall be kept on file at the Frederick
County offices.
§ 1� X65-113. District boundary changes.
The delineation of any of the Floodplain Districts may be revised by Frederick County where
natural or man-made changes have occurred and/or more detailed studies conducted or undertaken
by the United States Army Corps of Engineers or other qualified agency or individual documenting
the necessity for such change. However, prior to any such change, approval must be obtained from
the Federal Insurance Administration.
Interpretation of District Boundaries
Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning
Administrator. Should a dispute arise concerning the boundaries of any of the Districts, the
Board of Zoning Appeals shall make the necessary determination. The person questioning or
contesting the location of the District boundary shall be given a reasonable opportunity to
present his case to the Board and to submit his own technical evidence if'he so desires
21. Editor's Note: The flood Boundary and Floodway Map is on file in the County off—
ices-3
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
465-114: Use limitations; required approvals.
A. All uses, activities and development occurring within any floodplain district shall be
undertaken only upon the issuance of a building permit. Such development shall be under
undertaken only in strict compliance with the provisions of this chapter and with all
regulations, to include compliance with all applicable state and federal laws.
B. Under no circumstances shall any use, activity or development adversely affect the capacity
of the channels or floodways of any watercourse, drainage ditch or any other drainage
facility or system.
C. Prior to any proposed alteration or relocation of any channels --or any watercourse, stream,
etc., within this jurisdiction, a permit shall be obtained from the United States Army Corps
of Engineers, the Virginia Department of Environmental Quality, the Virginia Storx. ;t —
' the Virginia Marine Resources Commission (a joint application available
from any of these organizations). Furthermore, notification of the proposal shall be given
by the applicant to all affected jurisdictions, the Division Soil and Watef r ti
Division of Dam Safety and Floodplain Management (Department of Conservation and
Recreation) and the Federal Insurance Administration. [Amended 8-12-19921
D. A land disturbance permit shall only be issued or site plan approved in the Floodway
District if a floodplain study has been prepared by a registered engineer showing that there
will not be adverse impacts on upstream and adjacent properties.
E. All applications for development in the floodplain district and all building permits issued for
the floodplain shall incorporate the following information: [Added 8-12-19921
(1) The elevation of the Base Flood at the site.
(2) For structures to be elevated, the elevation of the lowest floor (including basement).
(3) For structures to be floodproofed (nonresidential only), the elevation to which the
structure will be floodproofed.
(4) The elevation of the one -hundred -year flood.
(5) Topographic information showing existing and proposed ground elevations.
F, Recreational vehicles are permitted to be parked in the floodplain district, provided that the
following conditions are met: [Added 8-12-1992; amended 12-14-19941
(1) The recreational vehicle is fully licensed.
(2) The recreational vehicle is installed on wheels and ready for highway use.
(3) The recreational vehicle is attached to the site only by quick disconnect -type utilities
and security devices.
(4) The recreational vehicle has no permanently attached additions.
21. Editor's Note: The flood Boundary and Floodway Map is on file in the County offices.
4
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
General Standards
In all special flood hazard areas the. following provisions shall apply:
A. New construction and substantial improvements shall be according to the VA USBC, and
anchored to prevent flotation, collapse or lateral movement of the structure.
B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, use of over -the -top
or frame ties to ground anchors. This standard shall be in addition to and consistent with
applicable state requirements for resisting wind forces.
C. New construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
D. New construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage.
E. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service
facilities, including duct work, shall be designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of flooding.
E New and replacement water supply systems shall be designed to minimize or eliminate
infiltration offlood waters into the system.
G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood
waters.
H. On-site waste disposal systems shall be located and constructed to avoid impairment to
them or contamination from them during flooding
L Any alteration, repair, reconstruction or improvements to a building that is in compliance
with the provisions of this ordinance shall meet the requirements of "new construction"
as contained in this ordinance.
J. Any alteration, repair, reconstruction or improvements to a building that is not in
compliance with the provisions of this ordinance, shall be undertaken only if said non-
conformity is not furthered, extended, or replaced.
K. Prior to any proposed alteration or relocation of any channels or of any watercourse,
stream, etc., within this jurisdiction a permit shall be obtained from the U. S. Corps of
Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine
Resources Commission (a joint permit application is available from any of these
21. Editor's Note. The flood Boundary and Floodway Map is on file in the County offices -
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DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
organizations). Furthermore, notification of the proposal shall be given by the applicant
to all affected adjacent jurisdictions, the Department of Conservation and Recreation
(Division of Dam Safety and Floodplain Management) and the Federal Insurance
Administration.
L. The flood carrying capacity within an altered or relocated portion of any watercourse
shall be maintained.
§46544-5: Floodway District development prohibitions.
The following provisions shall apply within the Floodway District.-
A.
istrict.
A. In the Hoodway st iet,-ne Encroachments, including fill, new construction, substantial
improvements or other development, shall be permitted prohibited unless certification (with
supporting technical data) by a registered professional engineer is provided
demonstrating that encroachments shall not result in any increase in fold levels during
occurrence of the base flood.
analysis perfofrned in aecordance with standard eagineefing practice that the pfoposed
eneFoachment would not fesult in any inefease in the one hundred year- flood el&vation.
jAmended 8 12 19921
B. The placement of any structure within the Floodway District is specifically prohibited.
C. The placement of manufactured homes (mobile homes) is prohibited, except in an existing
manufactured homes (mobile homes) park or subdivision. A replacement manufactured
home may be placed on a lot in an existing manufactured home park or subdivision
provided the anchoring, elevation, and encroachment standards are met
l§-�5 116. Existing structures. [Added 5-12-19921
A structure or use of a structure or premises which lawfully existed before the enactment of these
provisions, but which is not in conformity with these provisions, may be continued subject to the
following conditions:
A. Existing structures in the Floodway District shall not be expanded or enlarged unless it has
been demonstrated through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the proposed expansion would not result in any increase
in the one -hundred -year flood elevation.
B. Any modifications, alteration, repair, reconstruction or improvement of any kind to a
structure and/or use located in any floodplain area to an extent or amount of less that 50% of
its market value shall be elevated and/or floodproofed to the greatest extent possible.
21. Editor's Note: The flood Boundary and Hoodway Map is on file in the County offices -
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DRAFT CHANGFJS T O THE VP FLOODPLAIN DISTRICT
C. The medication, alteration, repair, reconstruction or improvement of any kind to a structure
and/or use, regardless of its location in a floodplain area, to an extent or amount of 50% or
more of its market value shall be undertaken only in full compliance with the provisions of
this article and the Virginia Uniform Statewide Building Code.
§165 Permitted uses.
In the Floodway District, the following uses and activities are permitted, provided that they are in
compliance with the provisions of the underlying district and are not prohibited by any other
ordinance, and provided they do not require structures, fill or storage of materials and equipment.
A. Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries,
horticulture, truck farming, forestry, sod farming and wild crop harvesting.
B. Public and private recreational uses and activities, such as parks, day camps, picnic grounds,
golf courses, boat launching and swimming areas, hiking and horseback riding trails,
wildlife and natural preserves, game farms, fish hatcheries, trap and skeet game ranges and
hunting and fishing areas.
C. Accessory residential uses, such as _yard areas, gardens, play areas and pervious loading
areas.
§ 165-118. Conditional uses.
In the Floodway District, the following uses shall only be permitted with a conditional use permit.
A. Accessory industrial and commercial uses, such as yard areas, pervious parking and loading
areas, airport landing strips, etc.
B. Utilities and public facilities and improvements, such as railroads, streets, bridges,
transmission lines, pipelines, water and sewage treatment plants and other similar or related
uses.
C. Other similar uses and activities, provided that they cause no increase in flood heights
and/or velocities. All uses, activities and structural developments shall be undertaken in
strict compliance with the floodproofing provisions contained in all other applicable codes
and ordinances.
§ 165-119. Flood ge—Special Floodplain Districts, and the Approximated Floodplain
Districts and the Shallow Flooding District
In the Flood Fringe Special Floodplain District, and the Approximated Floodplain Districts and the
Shallow Flooding District, the development or use of land shall be permitted in accordance with
the regulations of the underlying district, provided that all such uses, activities or development shall
21. Editor's Note: The flood Boundary and Floodway Map is on file in the County offices.
7
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
be undertaken in strict compliance with the floodproofing and related provisions contained in the
Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.
X5-28: Design criteria for utilities and facilities. [Added 8-12-19921
A. New sanitary sewer facilities and private package sewage treatment plants (including all
pumping stations and collector systems) are prohibited in the Floodway, Flood Fringe
Special Floodplain, and Floodplain Districts.- , Approximated Floodplain and Shallow
Flooding Districts
B. Replacement sanitary sewer facilities and private package sewer treatment plants (including
all pumping stations and collector systems) shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into the
floodwaters. In addition, they should be located and constructed to minimize or eliminate
flood damage and impairment.
C. All new or replacement water facilities shall be designed to minimize or eliminate
infiltration of floodwaters into,the systems and be located and constructed to minimize or
eliminate flood damages.
D. All storm drainage facilities shall be designed to convey the flow of surface waters without
damage to persons or property. The systems shall ensure drainage away from building and
on-site waste disposal sites. The Board of Supervisors may require a primarily underground
system to accommodate frequent floods and a secondary surface system to accommodate
larger, less frequent floods. Drainage plans shall be consistent with local and regional
drainage plans. The facilities shall be designed to prevent the discharge of excess runoff
onto adjacent properties.
E. All utilities, such as gaslines, electrical and telephone systems, being placed in flood -prone
areas should be elevated (where possible) and constructed to minimize the change of
impairment during a flooding occurrence.
F. Streets and sidewalks should be designated to minimize their potential for increasing and
aggravating the levels of flood flow. Drainage openings shall be required to sufficiently
discharge flood flows without unduly increasing flood heights.
§ 165-121. Factors to be considered in granting variances. [Added 8-12-19921
A. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all
relevant factors and procedures specified in other sections of this chapter and consider the
following additional factors:
(1) The danger to life and property due to increased flood heights or velocities caused
by encroachments. No variance shall be granted for any proposed use, development
or activity within any Floodway District that will cause any increase in the one -
hundred -year flood elevation.
21. Editor's Note: The flood Boundary and Floodway Map is on file in the County offices.
8
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
(2) The danger that materials may be swept on to other lands or downstream to the
injury of others.
(3) The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owners.
(5) The importance of the services provided by the proposed facility to the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
(8) The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
(9) The relationship of the proposed use to the Comprehensive Plan and floodplain
management program for the area.
(10) The safety of access by ordinary and emergency vehicles to the property in time of
flood.
(11) The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters expected at the site.
(12) The repair or rehabilitation of historic structures upon a determination that the
proposed repair or rehabilitation will not preclude the structure's continued
designation as an historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
(13) Such other factors which are relevant to the purposes of this article.
B. The Board of Zoning Appeals may refer any application and accompanying documentation
pertaining to any request for a variance to the County Engineer for technical assistance in
evaluating the proposed project in relation to flood heights and velocities, and the adequacy
of the plans for flood protection and other related matters.
C. Variances shall be issued only after the Board of Zoning Appeals has determined that the
granting of such will not result in unacceptable or prohibited increases in flood heights,
additional threats to public safety or extraordinary public expense; and will not create
nuisances, cause fraud or victimization of the public or conflict with local laws or
ordinances.
D. Variances shall be issued only after the Board of Zoning Appeals has determined that -a the
variance will be the minimum required to provide relief from any hafdship to the appheant.
E. The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the
issuance of a variance to construct a structure below the one -hundred -year flood elevation
increases the risks to life and property and will result in increased premium rates for flood
insurance.
F. A record shall be maintained of the above notification as well as all variance actions,
including justification for the issuance of the variances. Any variances which are issued
21. Editor's Note. The flood Boundary and Floodway Map is on file in the County offices.
9
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
HE
shall be noted in the annual or biennial report submitted to the Federal Insurance
Administrator.
Existing Structures in Floodplain Areas.
A structure or use of a structure or premises which lawfully existed before the enactment of these
provisions, but which is not in conformity with these provisions, may be continued subject to the
following conditions:
A. .Existing structures in the Floodway Area shall not be expanded or enlarged unless it has
been demonstrated through hydrologic and hydraulic analyses performed in accordance
with standard engineering practices that the proposed expansion would not result in any
increase in the base flood elevation.
B. Any modification, alteration, repair, reconstruction, or improvement of any kind to a
structure and/or use located in any flood plain areas to an extent or amount of less than
fifty (50) percent of its market value shall conform to the VA USBC.
C. The modification, alteration, repair, reconstruction, or improvement of any kind to a
structure and/or use, regardless of its location in a floodplain area to an extent or amount
of fifty (50) percent or more o f its market value shall be undertaken only in full
compliance with this ordinance and shall require the entire structure to conform to the
VA USBC.
Penalties for Violations.
A. Any person who fails to comply with any of the requirements or provisions of this article
or directions of the Zoning Administrator or any authorized employee of Frederick
County shall be guilty of a misdemeanor and subject to the penalties outlined in §165-6 of
this Chapter.
B. In addition to the above penalties, all other actions are hereby reserved, including an
action in equity for the property enforcement of this article. The imposition of a fine or
penalty for any violation of, or noncompliance with, this article shall not excuse the
violation or noncompliance or permit it to continue; and all such persons shall be
required to correct or remedy such violations or noncompliances within a reasonable
time. Any structure constructed, reconstructed, enlarged, altered or relocated in
noncompliance with this article may be declared by Frederick County to be a public
nuisance and abated as such. Flood insurance may be withheld from structures
constructed in violation of'this article.
21. Editor's Note: The flood Boundary and Floodway Map is on file in the County offices.
10
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
ARTICLE XXII
Definitions
§165-156. Definitions and word usage. [Amended 11-13-19911
BASE FLOOD
every 1001 yefflr-s 114.e., that has a ofie per -cent ehange of eeeun4ng each n
although the flood may ocou
anyeai;. [ =uucd a -r2-19921 The flood having a one percent chance of being equaled or exceeded in
any given year.
BASE FLOOD ELEVATION (BFE) — The Federal Emergency Management Agency designated one -
hundred -year surface water elevation (plus one foot). [Added 8-12-19921
DEVELOPMENT— 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 or materials. [Amended 8-12-1992]
ENCROACHMENT - The advance or infringement of uses, plant growth, fill, excavation, buildings,
permanent structures or development into a floodplain, which may impede or alter the flow capacity of a
floodplain.
FLOOD OR FLOODING
1. A general or temporary condition of partial or complete inundation of normally dry land areas
from
a. the overflow of inland or tidal waters; or,
b. the unusual and rapid accumulation or runoff of surface waters from any source.
2. The collapse or subsistence 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 paragraph 1 (a) of this definition.
3. Mudflows which are proximately caused by flooding as defined in paragraph (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.
FLOOD INSURANCE RATE MAP (FIRM) — an official map of a community on which the
21. Editor's Note: The flood Boundary and Floodway Map is on file in the County offices.
11
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
Administrator has delineated both the special hazard areas and the risk premium zones applicable to the
community.
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 mud/low and/or flood -related erosion hazards.
FLOODPLAIN OR FLOOD PRONE AREA - Any land area susceptible to being inundated by water
from any source.
FLOODPROOFING — 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.
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. [Added 8-12-1992]
FLOODWAY DISTRICT — The channel portions of the floodplain capable of carrying the waters of a
flood occurring with an average frequency of once per day 100 years without increasing the water surface
elevation of that flood by more than one foot.
HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
HISTORIC STRUCTURE -Any structure that is
I. 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
which have been approved by the Secretary of the Interior; 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.
21. Editor's Note: The flood Boundary and Floodway Map is on file in the County offices.
12
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
3- dft— R
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; provitlea that such enclosure is
not built so as to render the structure in violation of'the applicable non -elevation design requirements of
Federal Code 44CFR §60.3.
MOBILE OR MANUFACTURED HOME —A structure, transportable in one or more sections, which in
travel mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site,
is 320 or more square feet and which is built in a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required utilities. [Amended 8-11-1993]
MOBILE OR MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or contiguous parcels)
of land or a subdivision divided into two or more manufactured home lots for rent or sale.
RECREATIONAL VEHICLE — A vehicle which is: [Added 8-12-1992]
A. Built on a single chassis;
B. Four hundred 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 a temporary living quarters
for recreational camping, travel or seasonal use.
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
on 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 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
Special flood hazard area - The land in the floodplain subject to a one (1 %) percent or greater chance of
being flooded in any given year as determined in Section (Flood Insurance Rate Map).
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 50% of the market value of the
structure before the damage occurred. [Added 8-12-1992]
SUBSTANTIAL IMPROVEMENT — Any reconstruction, rehabilitation, addition or other improvement of
a structure, the cost of which equals or exceeds 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 the actual repair work performed. The term does not, however, include either any project for
21. Editor's Note: The flood Boundary and Floodway Map is on file in the County offices.
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DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
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 or any alteration of an historic structure, provided that
the alteration will not preclude the structures continued designation as an historic structure. f Added 5-12-
19921
START OF CONSTRUCTION - The date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or
other improvement was within 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 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 the 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 -- For floodplain management purposes, a walled and roofed building, including a gas or
liquid storage tank, that is principally above ground, as well as a manufactured home. Structure, for
insurance rating purposes, means a walled and roofed building, other than a gas or liquid storage tank,
that is principally above ground and affixed to a permanent site, as well as a manufactured home on a
permanent foundation. For the latter purpose, the term includes a building while in the course of
construction, alteration or repair, but does not include building materials or supplies intended for use in
such construction, alteration or repair, unless such materials or supplies are within an enclosed building
on the premises.
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.
21. Editor's Note: The flood Boundary and Floodway Map is on file in the County offices.
14