§ 19-5. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure or use (appurtenant structure or use) means a subordinate structure situated on the same lot or parcel as the principal structure, or a subordinate use of land, and which such structure or use is customarily incidental to and typically found in association with such principal structure or use. Factors to be considered in determining whether a structure or use is "subordinate" and "customarily incidental" include the size of the lot or parcel, the uses of adjacent lots or parcels, and the size, shape, height, and roof type (if any) of the building or structure. Accessory structures should constitute a minimal investment, may not be used for human habitation, and must be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.

Addition (to an existing building) means any wall and roof expansion to the perimeter of a building.

Area of shallow flooding means a designated AO or AH Zone on the community's flood insurance rate map 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.

Area of special flood hazard means the land in the floodplain within the unincorporated areas of the county subject to a one (1) percent or greater chance of flooding in any given year and shown on the community's flood hazard boundary map or flood insurance rate map as Zone A, AO AH, A1-A30, AE, or A99. This term is synonymous with the phrase "special flood hazard area."

Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year (also called the "100-year flood" and the "regulatory flood"). Base flood is the term used throughout this chapter.

Base flood elevation means the water surface elevation associated with the base flood.

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

Building. See Structure.

Compensating storage means the equivalent physical replacement of natural floodwater storage volumes that would be displaced in areas of special flood hazard due to development.

Critical facility means all or any portion of an integral and readily identifiable facility such as a school, nursing home, hospital, police, fire, or emergency response installation, penal institution, installation which produces, uses or stores hazardous materials or hazardous waste, or any other facility that would potentially create a danger to the public health, safety, or welfare if the facility was compromised by flooding.

Datum means a reference surface used to ensure that all elevation records are properly related. The current national datum is the North American Vertical Datum of 1988 (NAVD).

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, excavation or drilling operations, or storage of materials or equipment.

Director means the director of the Orange County Public Works Department or his designee.

DRC means the development review committee, Orange County, Florida.

Elevated building means a nonbasement building built to have the lowest floor elevated above the ground level by foundation walls, pilings, columns, post, piers, or shear walls.

Encroachment means 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.

Existing construction means, for floodplain management purposes and for determining rates, structures for which the start of construction commenced before December 1, 1981.

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 December 1, 1981.

Existing structures. See Existing construction.

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).

FEMA means the United States Federal Emergency Management Agency.

Flood or flooding means:

(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 of runoff of surface waters from any source.

c.

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)b. of this definition and are akin to a river of liquid and flowing mud on the surface 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 an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)a., above.

Flood hazard boundary map (FHBM) means the official map of the community, issued by FEMA, where the boundaries of the areas of special flood hazard have been designated as "Approximate Zone A".

Flood insurance rate map (FIRM) means the official map of the community, issued by FEMA, which delineates both the areas of special flood hazard 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).

Flood insurance study (FIS) means the official hydrology & hydraulics report provided by FEMA. The study contains an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and other flood-related erosion hazards. The study may also contain flood profiles, as well as the FIRM, FHBM (where applicable), and other related data and information.

Floodplain means any land area susceptible to being inundated by water from flooding.

Floodplain administrator means the individual appointed to administer and enforce the Orange County Floodplain Management Ordinance.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain management regulations means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading ordinance, and erosion control ordinance), and other applications of police power which control development in floodprone areas. This term describes State of Florida, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Floodplain permit means a permit required by section 19-66 which must be secured prior to the commencement of any development which is located in an area of special flood hazard.

Floodproofing means any combination of structural and nonstructural 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. See Regulatory floodway.

Floodway fringe means that area of the one-percent (base or 100-year) floodplain on either side of the regulatory floodway.

Freeboard means the additional height, usually expressed as a factor of safety in feet, above a flood level for purposes of floodplain management. Freeboard tends to compensate for many unknown factors, such as wave action, blockage of bridge or culvert openings and hydrological effect of urbanization of the watershed, which could contribute to flood heights greater than the height calculated for a selected frequency flood and floodway conditions.

Hardship (as related to variances of this chapter) means the exceptional difficulty associated with the land that would result from a failure to grant the requested variance. A hardship must be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional, unusual or peculiar. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as a hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Highest, adjacent grade means the highest natural elevation of the ground surface, prior to the start of 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 (a listing maintained by the United States Department of Interior) or preliminarily determined by the Secretary of the Department of Interior as meeting the requirements for individual listing on the National Register; or

(2)

Certified or preliminarily determined by the Secretary of the Department of Interior as contributing to the historical significance of a registered historic or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

(3)

Individually listed on the State of Florida inventory of historic places which has been approved by the Secretary of the Department of Interior; or

(4)

Individually listed on a local inventory of historic places that have been certified either:

a.

By an approved State of Florida program as determined by the Secretary of the Department of Interior, or

b.

Directly by the Secretary of the Department of Interior.

Increased cost of compliance (ICC) means the cost to repair a "substantially" or "repetitively" flood-damaged structure that is required to bring it into compliance with the requirements of this chapter. ICC coverage is provided for in every standard National Flood Insurance Policy (NFIP).

Lowest adjacent grade means the lowest elevation, after the completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.

Lowest floor means the lowest floor of the lowest enclosed area of a structure (including basement). An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, 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 non-elevation design standards of this chapter.

Manufactured home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

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

Market value means the building value, which is the property value excluding the land value and that of the detached accessory structures and other improvements on site (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal (other than a limited or curbside appraisal, or one based on income approach), actual cash value (replacement cost depreciated for age and quality of construction of building), or adjusted tax-assessed values.

Mean sea level (MSL) means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with North American Vertical Datum of 1988 (NAVD).

National geodetic vertical datum (NGVD) as corrected in 1929 means a vertical control used as a reference for establishing varying elevations within the floodplain.

New construction means, for floodplain management purposes and flood insurance rates, any structure for which the "start of construction" commenced on or after December 1, 1981. 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 December 1, 1981.

North American vertical datum of 1988 (NAVD) means a vertical control used as a reference for establishing varying elevations within the floodplain.

Reasonably safe from flooding means base floodwaters will not inundate the land or damage structures to be removed from the area of special flood hazard and that any subsurface waters related to the base flood will not damage existing or proposed structures.

Recreational vehicle means a vehicle that 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.

Regulatory 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 one (1) foot.

Repetitive loss means flood-related damages sustained by a structure on at least two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure before the damage occurred.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, canal, brook, etc.

Shallow flooding. See Area of shallow flooding.

Special flood hazard area (SFHA). See Area of special flood hazard.

Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure 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. 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 a structure, whether or not that alteration affects the external dimensions of the structure.

Structure means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home gas.

Subdivision means any division of land as defined in chapter 30, article III of the Orange County Code (pertaining to land development and use).

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 fifty (50) percent of the market value of the structure before the damage occurred. This term also includes repetitive loss structures as defined herein.

Substantial improvement means any combination of repairs, reconstruction, rehabilitation, addition, alteration, or other improvements to a structure taking place during the life of the structure in which the cumulative 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 that have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include any repair or improvement of a structure required to comply with existing State of Florida or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official prior to the application for permit for improvement and which are the minimum necessary to assure safe living conditions; or 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 park or subdivision is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Variance means a grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter.

Violation means the failure of a structure or other development to be fully compliant with the Orange County Floodplain Management Ordinance. A structure or other development without an elevation certificate, other certification, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

Watercourse means 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.

Water surface elevation means the height, in relation to the NAVD, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

(Ord. No. 2009-24 , § 3, 9-22-09)