§ 13.25.050. 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 give this chapter its most reasonable application.

"Appurtenant structure" means a structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of principal structure.

"Base flood" means the flood having one percent chance to being equaled or exceeded in any given year. (See one hundred (100) year flood.)

"Base flood elevation" means the elevation floodwaters would reach at a particular site during the occurrence of a base flood event.

"Basement" means any enclosed area of a building which as its floor or lowest level below ground level (subgrade) on all sides. Also see "lowest floor."

"Development" means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

"Existing construction" means any structure for which the "start of construction" commenced before the effective date of the Council Bluffs Flood Insurance Rate Map. May also be referred to an "existing structure."

"Existing factory-built home park or subdivision" means a factory-build home park or subdivision for which the construction of facilities for servicing the lots on which the factory-build 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 flood plain management regulations adopted by the city of Council Bluffs, Iowa.

"Expansion of existing factory-built home park or subdivision" means the preparation of additional sites by the construction of facilities or servicing the lots on which the factory-built 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).

"Factory-built home" means any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, form or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this chapter, factory-built homes include mobile homes, manufactured homes and modular homes and also includes recreational vehicles which are placed on a site for greater than one hundred eighty (180) consecutive days and not fully licensed for and ready for highway use.

"Factory-built home park" means a parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease.

"Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source.

"Flood elevation" means the elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the one hundred (100) year flood elevation is the elevation of flood waters related to the occurrence of the one hundred (100) year flood.

"Flood insurance rate map (FIRM)" means the official map prepared as part of (but published separately from) the flood insurance study which delineates both flood hazard areas and the risk premium zones applicable to the city of Council Bluffs, Iowa.

"Flood insurance study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

"Floodplain" means any land area susceptible to being inundated by water as a result of a flood.

"Floodplain management" means an overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of floodplains, including but not limited to emergency preparedness plans, flood control works, floodproofing and floodplain management regulations.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures.

"Floodway" means the channel of a river or stream and those portions of the floodplains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one foot.

"Floodway fringe" means those portions of the floodplain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow velocities.

"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, maintained by the Department of Interior as meeting the requirements for individual listing of 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 program which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in Council Bluffs with historic preservation programs that have been certified by either: (i) 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.

"Lowest floor" means the floor of the lowest enclosed area in a building including a basement except when all the following criteria are met:

(1)

The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of Section 13.25.170 of this chapter;

(2)

The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low-damaged potential uses such as building access, parking or storage;

(3)

Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot above the one hundred (100) year flood level; and

(4)

The enclosed area is not a "basement" as defined in this section. In cases where the lowest enclosed area satisfies subsections (1), (2), (3) and (4) of this definition, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above.

"Minor repairs" means small development activities (except for filling, grading and excavation) valued at less than five hundred dollars ($500.00).

"New construction" (new buildings, factory-built home parks) means those structures or development for which the state of construction commenced on or after the effective date of June 15, 1978, on the flood insurance rate map.

"New factory-built home park or subdivision" means a factory-build home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built 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 floodplain management regulations adopted by the city of Council Bluffs, Iowa.

"One hundred (100) year flood" means a flood, the magnitude of which has one percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred (100) years.

"Recreational vehicle" means 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 a temporary living quarters for recreational, camping, travel, or seasonal use.

"Routine maintenance of existing buildings and facilities" means repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include:

(1)

Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing siding;

(2)

Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work;

(3)

Basement sealing;

(4)

Repairing or replacing damaged or broken window panes; and

(5)

Repairing plumbing systems, electrical systems, hearting or air conditioning systems and repairing wells or septic systems.

"Special flood hazard area" means the land within the city of Council Bluffs, Iowa, subject to the one hundred (100) year flood. This land is identified as Zone A, AE, A1-A30 and AH on the community's flood insurance rate map.

"Start of construction" means and includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within one hundred eighty (180) days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the state of excavation; or the placement of a factory-build 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 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 the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

"Structure" means anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory-built homes, storage tanks, and other similar uses.

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

"Substantial improvement" means any improvement to a structure which satisfies either of the following criteria:

(1)

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either:

(A)

Before the start of construction of the improvement; or

(B)

If the structure has been substantially damaged and is being restored, before the damage occurred. The term does not, however, include 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 conditions for the existing use. The term also does not include any alteration of an historic structure, provided the alteration will not preclude the structure's designation as an historic structure.

(2)

Any addition which increases the original floor area of a building by twenty-five (25) percent or more. All additions constructed after June 15, 1978 (the FIRM date) shall be added to any proposed addition in determining whether the total increase in original floor space would exceed twenty-five (25) percent.

"Variance" means a grant of relief by the city of Council Bluffs, Iowa from the terms of the floodplain management regulations.

"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations.

(Ord. No. 6170, § 1, 4-8-2013; Ord. No. 6319, § 1, 2-26-2018).