§ 45-3112. Definitions.

(a)

Administrator: the federal insurance administrator responsible for the administration of the National Flood Insurance Program (34 F.R. 2600-81, February 27, 1969).

(b)

Appurtenant or accessory structure: Accessory structures not to exceed 200 sq. ft.

(c)

Base flood/one-hundred-year flood: A flood having a one percent chance of occurring each year being equaled or exceeded in any given year.

(d)

Base flood elevation: The water surface elevation at which the Federal Emergency Management Agency (FEMA) designated one (1) percent annual chance water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map. For the purposes of this division, the one-hundred-year flood or one (1) percent annual chance flood.

(e)

Basement: Any area of the building having its floor sub-grade (below ground level) on all sides.

(f)

Board of zoning appeals: The board appointed to review appeals, variances and special exceptions made by individuals with regard to decisions of the zoning administrator in the interpretation of this chapter of the City Code.

(g)

Channel: A natural or artificial watercourse with a definite bed and banks to confine and conduct continuously or periodically flowing water.

(h)

Coastal A Zone: Flood hazard areas that have been delineated as subject to wave heights between one and one-half (1.5) feet and three (3) feet.

(i)

Coastal high hazard area: Areas of waves greater than three (3) feet and seaward of the landward toe of the primary frontal dune.

(j)

Development: Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, storage of equipment and materials, mining, dredging, filling, grading, paving, excavation or drilling operations.

(k)

Elevated building: A non-basement building built to have the lowest floor elevated above the ground level by means of solid foundation perimeter walls, pilings, or columns (posts and piers).

(l)

Encroachment: The advance or infringement of uses, plant growth, introduction of fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

(m)

Existing construction: structures for which the "start of construction" commenced before the effective date of the FIRM or before May 2, 1977 for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

(n)

Flood or flooding:

(1)

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

a.

The overflow of inland or tidal waters.

b.

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

c.

Mudflows which are proximately caused by flooding as defined in subsection b. above of this definition and are akin to a river of liquid and flowing 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.

(2)

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 a flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1) above.

(o)

Flood boundary and floodway map (FBFM): An official map of a community issued by the administrator, where the boundaries of the flood, mudslide, and related erosion areas have been designated and the floodway, floodway fringe, approximated floodplain and coastal high hazard areas have been delineated.

(p)

Flood hazard district: A district established by the Zoning Ordinance for the City of Newport News and in which the restrictions and conditions of these regulations apply.

(q)

Flood insurance rate map (FIRM): An official map of a community on which FEMA has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

(r)

Flood Insurance Study (FIS): a report by FEMA that examines, evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.

(s)

Floodplain:

(1)

A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation;

(2)

An area subject to the unusual and rapid accumulation of runoff of surface water from any source.

(t)

Flood-prone area: Any land area susceptible to being inundated by water from any source.

(u)

Flood proofing: means any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structure and contents of buildings to include the provisions of the Virginia Uniform Statewide Building Code as amended.

(v)

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 one (1) foot.

(w)

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 a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. When a freeboard is included in the height of a structure, the flood insurance premiums may be less expensive.

(x)

Highest adjacent grade: the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(y)

Historic structure: Any structure that is:

(1)

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; or

(3)

Individually listed on a state inventory of historic places which has been approved by the Secretary of the Interior.

(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.

(z)

Hydrologic and hydraulic engineering analysis: Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

(aa)

Intermediate regional flood: A flood which is caused by rainfall runoff and is not primarily affected by tidal action.

(bb)

Intermediate regional tidal flood: a flood which is caused by tidal action and is not primarily affected by rainfall runoff.

(cc)

Letters of map change (LOMC): A Letter of map change is an official FEMA determination, by letter, that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

(dd)

Letter of map amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. ALOMA amends the current effective flood insurance rate map and establishes that a specific property or structure is not located in a special flood hazard area.

(ee)

Letter of map revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A Letter of map revision based on fill (LOMR-F) is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

(ff)

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 or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision.

(gg)

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 so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44CFR §60.3.

(hh)

Manufactured home: A structure subject to federal regulations which is transportable in one (1) or more sections, which is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode or is three hundred twenty (320) or more square feet when erected on-site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation when connected to the required facilities; and includes plumbing, heating, air conditioning, and electrical systems contained in the structure. For floodplain 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, but does not include a recreational vehicle.

(ii)

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.

(jj)

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 FIRM or after May 2, 1977, 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.

(kk)

Post-FIRM structures: A structure for which construction or substantial improvement occurred after May 2, 1977.

(ll)

Pre-FIRM structures: A structure for which construction or substantial improvement occurred on or before May 2, 1977.

(mm)

Recreational vehicle: A vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred (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.

(nn)

Repetitive loss structure: A building covered by a contract for flood insurance that has incurred flood-related damages on two (2) occasions during a ten-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded twenty-five (25) percent of the market value of the building at the time of each flood event.

(oo)

Shallow flooding area: A special flood hazard area with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

(pp)

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 the Flood Insurance Study (FIS) and the Flood Insurance Rate Maps (FIRM) for the city of Newport News prepared by the Federal Emergency Management Agency, Federal Insurance Administration.

(qq)

Start of construction: For other than new construction and substantial improvement under the Coastal Barriers resource Act (P.L. - 97-348) 16 U.S.C. § 3501, et seq., mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement 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 of the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds nor occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

(rr)

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.

(ss)

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 (50) percent of the market value of the structure before the damage occurred.

(tt)

Substantial improvement: Any reconstruction rehabilitation, addition, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a "historic structure", provided that the alteration will not preclude the structures continued designation as a "historic structure".

(3)

Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.

(uu)

Trailer park (mobile home park): An area designed, constructed, equipped, operated and maintained for the purpose of providing spaces for trailers or mobile homes intended to be used as temporary or permanent living facilities.

(vv)

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 elevation certificate, other certifications, or other evidence required to demonstrate compliance with the City of Newport News floodplain management regulations is presumed to be in violation until such time as that documentation is provided.

(ww)

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.

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1)

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1)