§ 21-2. Definitions.

Unless otherwise expressly stated, the following words and terms shall, for the purposes of this chapter, have the meanings shown in this section.

"Alteration of a watercourse" shall mean a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

"Appeal" shall mean a request to the builders board of adjustment and appeals for a review of the floodplain administrator's interpretation of any provision of this chapter.

"Applicant" shall mean the owner or owner's authorized agent.

"ASCE 24" shall mean a standard titled "flood resistant design and construction" that is referenced by the Florida Building Code.

"Base flood" shall mean a flood having a 1-percent chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "100-year flood" or the "1-percent-annual chance flood."

"Base flood elevation" shall mean the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance rate map (FIRM).

"Basement" shall mean the portion of a building having its floor subgrade (below ground level) on all sides.

"Building" shall mean any structure built for support, shelter or enclosure for any occupancy or storage.

"Coastal construction control line" shall mean the line established by the state pursuant to F.S. § 161.053, and recorded in the official records of the city, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions.

"Coastal high hazard area" shall mean a special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas (V-zone) are designated on flood insurance rate maps (FIRM) as zone V1-V30, VE, or V.

"Comprehensive plan" shall mean a growth management strategy adopted by local governments which is used to employ the goals, objectives and policies for future land use, transportation, housing, coastal management, conservation, recreation and open space, general infrastructure, historic preservation, public schools, intergovernmental coordination, and the funding and programming of capital improvements.

"Conditional letter of map revision (CLOMR)" shall mean a formal review and comment as to whether a proposed flood protection project or other project complies with the minimum national flood insurance program (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. 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.

"Design flood" shall mean a flood associated with a floodplain subject to a 1-percent or greater chance of flooding in any year.

"Design flood elevation" shall mean the elevation of the "design flood" including wave height, relative to the datum specified on the city's legally designated flood hazard map. In areas designated as zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet.

"Development" shall mean any man-made change to improved or unimproved real property, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.

"Existing building and existing structure" shall mean any buildings and structures for which the "start of construction" commenced before June 1, 1978.

"Existing manufactured home park or subdivision" shall mean 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 before June 1, 1978.

"Expansion to an existing manufactured home park or subdivision" shall mean 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).

"Federal Emergency Management Agency (FEMA)" shall mean the federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

"Flood or flooding" shall mean a general and temporary condition of partial or complete inundation of normally dry land from:

(1)

The overflow of inland or tidal waters.

(2)

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

"Flood damage-resistant materials" shall mean any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

"Flood insurance rate map (FIRM)" shall mean the official map of the city on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

"Flood insurance study (FIS)" shall mean the official report provided by the Federal Emergency Management Agency that contains the flood insurance rate map, the flood boundary and floodway map (if applicable), the water surface elevations of the base flood, and supporting technical data.

"Floodplain" shall mean any land area susceptible to being inundated by flood waters from any source.

"Floodplain administrator" shall mean the city manager or his designee charged with the administration and enforcement of this chapter (may be referred to as the floodplain manager).

"Floodplain development permit or approval" shall mean a permit or other documentation issued by the city which determines that the proposed development activities are compliant with this chapter, which authorizes development activities in special flood hazard areas.

"Florida Building Code" shall mean the Florida Building Code 2014 Edition, as adopted by the Florida Building Commission and as amended, supplemented or wholly replaced with a new edition from time to time, together with all local administrative rules, regulations, and provisions authorized thereunder.

"Functionally dependent use" shall mean a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.

"Highest adjacent grade" shall mean the highest natural elevation of the ground surface next to the proposed walls or foundation of a structure prior to construction.

"Historic structure" shall mean any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11, Historic Buildings.

"Letter of map change (LOMC)" shall mean an official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study.

"Letter of map amendment (LOMA)" shall mean an amendment issued by FEMA based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

"Letter of map revision (LOMR)" shall mean a revision issued by FEMA based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

"Letter of map revision based on fill (LOMR-F)" shall mean a determination issued by FEMA that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the city's floodplain management regulations.

"Light-duty truck" shall mean any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

(1)

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

(2)

Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

(3)

Available with special features enabling off-street or off-highway operation and use.

"Lowest floor" shall mean the lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24.

"Mangrove stand" shall mean an assemblage of mangrove trees which are mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain 1 or more of the following species: black mangrove (Avicennia nitida); red mangrove (Rhizopora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus erecta).

"Manufactured home" shall mean a structure, transportable in 1 or more sections, which is 8 feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer".

"Manufactured home park or subdivision" shall mean a parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for rent or sale.

"Market value" shall mean the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this chapter, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Palm Beach County property appraiser.

"New construction" shall mean for the purposes of administration of this chapter and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after June 1, 1978 and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" shall mean 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 June 1, 1978.

"Park trailer" shall mean a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances.

"Recreational vehicle" shall mean a vehicle, including a park trailer, which is:

(1)

Built on a single chassis;

(2)

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

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Sand dunes" shall mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

"Special flood hazard area" shall mean an area in the floodplain subject to a 1-percent or greater chance of flooding in any given year. Special flood hazard areas are shown on the flood insurance rate maps as zones A, AO, A1-A30, AE, A99, AH, V1-V30, VE, or V.

"Start of construction" shall mean the date of issuance of a building permit for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, or the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. 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.

"Substantial damage" shall mean damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure immediately before the damage occurred.

"Substantial improvement" shall mean any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a 3-year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure immediately before the first improvement or repair is started. For each building or structure, the 3-year period begins on the date of the first improvement or repair of that building or structure subsequent to June 10, 2008. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.

"Variance" shall mean a grant of relief from the requirements of this chapter, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this chapter or the Florida Building Code.

"Watercourse" shall mean a river, creek, stream, channel, canal, or other topographic feature in, on, through, or over which water flows at least periodically.

(Ord. No. 5418, § 2, 10-10-17)