§ 62-4001. Definitions and rules of construction.

For the purposes of this article, the following definitions shall apply in the interpretation, enforcement and intent of this article. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.

Addition to an existing building means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter loadbearing walls is new construction.

Administrator means the Federal Insurance Administrator.

Appeal means a request for a review of the county's interpretation of any provision of this article or a request for a variance.

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as zone A, AE, AH, AO, A99, V, and VE on the FIRM.

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as zone A on the FHBM. After detailed rate-making has been completed in preparation for publication of the FIRM, zone A is usually refined into zones A, AE, AH, AO, A99, V, and VE.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation means the elevation of a flood having a one percent chance of being equaled or exceeded in any given year.

Basement means any area of a building having its floor subgrade (below ground level) on all sides.

Board means the board of county commissioners.

Breakaway walls means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Building means any structure built for support, shelter or enclosure for any occupancy or storage.

Building official means the director of the county building division, or designate.

Coastal high-hazard area means the area subject to high-velocity waters caused by forces such as but not limited to hurricane wave wash. The area is designated on a FIRM as zone VE or V.

Conditional letter of map revision (CLOMR) means FEMA's comment on a proposed project that would, upon construction, 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 letter does not revise an effective NFIP map. It indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

County manager means the county manager or designee.

Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations or storage of materials.

Development permit includes the following:

(1)

Building permit: The permit required by chapter 22;

(2)

Development plan: The information or permit required by article VII or VIII of this chapter;

(3)

Site plan: The information or permit required by article VIII of this chapter; or

(4)

Any other permit or approval as may be required by the county relating to dredging, filling, land alteration, land clearing, landscaping, coastal construction, floodplain protection, wetland protection, surface water protection or developing any land, or the construction, substantial improvement or relocation of any structure.

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

Existing construction means any structure for which the start of construction commenced before the effective date of the initial ordinance from which this article is derived.

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 streets, and either final site grading or the pouring of concrete pads, is completed before the effective date of the initial ordinance from which this article is derived.

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.

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

(1)

The overflow of inland or tidal waters.

(2)

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

Flood elevation determination means a determination of the water surface elevation of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

Flood elevation study means the best available information, which may include the current effective flood insurance study for the county and incorporated areas, prepared by the federal emergency management agency; the flood hazard information study for the St. Johns River prepared for the board of county commissioners by the Department of the Army, dated March 1976; the St. Johns River Water Management District Technical Publication SJ 85-3, entitled "The Mean Annual, 10-Year, 25-Year, and 100-Year Profiles for the Upper St. Johns River Under The Existing Conditions," prepared by Dr. Donthamsetti V. Rao, P.E., St. Johns River Water Management District (March 1985); or any other studies of flood hazards, base flood elevations and, if appropriate, corresponding water surface elevation.

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

Flood insurance study means the official report provided by the federal emergency management agency that documents the results of a detailed flood hazard assessment performed for the community. The report contains text, data tables and flood profiles.

Floodplain means any land area, including watercourses, susceptible to partial or complete inundation by water from any source.

Floodproofing means those adjustments to properties, structures and building contents which are designed or adapted primarily to reduce flood damages to lands, potable water and sanitary facilities and structures. It shall include structural and nonstructural additions, changes and engineering techniques which seal structures and keep them free from encroachment of floodwater below the base flood elevation. Any person who attempts to use floodproofing techniques in order to satisfy the requirements of this article as to nonresidential structures shall provide the county building official with a certification from a professional engineer who is registered in the state that the structure is floodproofed or has adequate floodproofing provisions designed within such structure.

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.

Floor means the top surface of an enclosed area in a building, including basement, i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.

Functionally dependent facility means a facility which 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.

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

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as being eligible 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 of the Interior to qualify as a registered historic district;

(3)

Individually listed on the Florida Master Site File of historic resources in the state; or

(4)

Individually listed on a local inventory of historic places with historic preservation programs that have been certified by an approved state program as determined by the Secretary of the Interior.

Lowest floor means the lowest floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure 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 any applicable non-elevation design requirements.

Mangrove stand means an assemblage of mangrove trees, which are mostly low trees noted for copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia nitida), red mangrove (Rhizophora mangle), white mangrove (Languncularia racemose) and buttonwood (Conocarpus erecta).

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures or vehicles placed on a site for 180 consecutive days or longer and intended to be improved property.

Manufactured home park subdivision means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

Mean sea level means the average height of the sea for all stages of the tide. It may be used as a reference for establishing various elevations within the floodplain. For the purposes of this article, the term is synonymous with national geodetic vertical datum of 1929.

National geodetic vertical datum (NGVD), as corrected in 1929, is a vertical control datum which may be used as a reference for establishing varying elevations with the floodplain.

New construction means structures for which the start of construction commenced on or after the effective date of the initial ordinance from which this article is derived. The term also includes any subsequent improvements to such structures.

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 the initial ordinance from which this article is derived.

North American vertical datum (NAVD), as adjusted in 1988, is a vertical control datum established for vertical control surveying in the United States. It replaces the national geodetic vertical datum (NGVD) of 1929.

Person includes any individual or group of individuals, corporation, partnership or association, or any other entity, including state and local governments and agencies.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred 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.

Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Start of construction, for other than new construction or substantial improvements under the Coastal Barrier Resources Act (PL 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure, including a manufactured home, on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation, including the relocation of a structure. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include the excavation for a basement, footings, piers or foundations or the erection of temporary forms; 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 main structure.

Structure for floodplain management purposes, means a walled and roofed building that is principally aboveground, a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures. The term "structure", for insurance coverage purposes, means a wall or roofed building, other than a gas or liquid storage tank, that is principally aboveground 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.

Substantial damage means 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 percent of the market value of the structure before the damage occurred.

Substantial improvement means any combination of repairs, reconstruction, alteration, addition, or improvements to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before damage occurred. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. For the purposes 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:

(1)

Any project for improvement of a structure required to comply with existing health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions, or

(2)

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

Substantially improved existing manufactured home parks or subdivisions means that the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Variance means a grant of relief by the board of county commissioners from the terms of this article.

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 elevation certification, other certifications, or other evidence of compliance as required is presumed to be in violation until such time as that documentation is provided.

(Code 1979, § 14-90; Ord. No. 02-09C, § 1, 2-26-02; Ord. No. 2014-14, § 1, 5-1-14)