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DEFINITIONS:

Official Code Library

Duchesne City Municipal Code

Municipal Code › Title 12 FLOOD CONTROL › Chapter 2 DEFINITIONS

Section 12.2.1

DEFINITIONS:

Unless specifically defined below, words or phrases used in this title shall be interpreted so as to give them the meanings they have in common usage and to give this title its most reasonable application.

APPEAL: A request for a review of the city's interpretation of any provisions of this title or a request for a variance.

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

BASE FLOOD: The flood having a one percent (1%) chance of being equalled or exceeded in any given year.

DEVELOPMENT: Any man made 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 located within the area of special flood hazard.

FLOOD INSURANCE RATE MAP (FIRM): The official map 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: The official report provided by the federal emergency management agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

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

1.

The overflow of inland or tidal waters; and/or
2.

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

FLOODWAY: As defined in the current floodplain map issued by the federal emergency management agency.

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 this title.

MANUFACTURED HOME: A detached single-family dwelling unit not less than one thousand fifty (1,050) square feet, designed for long term occupancy and to be transported on its own wheels, or on flatbed or other trailers or detachable wheels, and arriving at the site where it is to be occupied as a complete dwelling unit ready for occupancy except for connections to utilities and other minor work. The term "manufactured housing" shall also include any structure defined as "manufactured housing" by the Utah state department of business regulation, manufactured housing division.

MANUFACTURED HOME PARK OR SUBDIVISION: Any plot of ground upon which three (3) or more manufactured housing units are located and occupied for permanent dwelling.

NEW CONSTRUCTION: Structures for which the "start of construction" commenced on or after the effective date hereof.

START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other 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 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, 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.

STRUCTURE: A walled and roofed building or manufactured home that is principally aboveground.

SUBSTANTIAL IMPROVEMENT:

1.

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:
1.

Before the improvement or repair is started; or
2.

If the structure has been damaged and is being restored, before the damage occurred. For the purpose 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.
2.

The term does not, however, include either:
1.

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 living conditions; or
2.

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

VARIANCE: A grant of relief from the requirements of this title which permits construction in a manner that would otherwise be prohibited by this title. (Ord. 88-1, 1-12-1988; amd. Ord. 99-6-8, 7-23-1999; 2004 Code)