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Unless specifically defined below, words or phrases used in this resolution shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this resolution its most reasonable application. With regard to this resolution, the following definitions are used and supersede those contained in Section 2 of the Douglas County Zoning Resolution.

  1. Appeal: A request for a review of the Planning & Zoning Coordinators interpretation of any provision of this ordinance or a request for a variance.
  2. Area of Shallow Flooding: A designated AO or AH zone on a communities Flood Insurance Rate Map (FIRM) with one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
  3. Base Flood: The flood having one percent chance of being equaled or exceeded in any given year.
  4. Basement: Any area of the building having its floor subgrade (below ground level) on all sides.
  5. Department of Permits And Inspections: Douglas County Department of Permits and Inspections, 3015 Menke Circle, Omaha, Nebraska 68134.
  6. 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 or storage of equipment or materials.
  7. Existing Construction: For the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRM's effective before that date. Existing construction may also be referred to as existing structures.
  8. Existing Manufactured Home Park or Subdivision: 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 complete before the effective date of the floodplain management resolutions adopted by a community.
  9. Expansion to an Existing Manufactured Home Park or Subdivision: 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 street, and either final site grading or the pouring of concrete pads).
  10. Flood: A general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal water. b. The usual and rapid accumulation of runoff of surface waters from any source.
  11. Flood Fringe: That area of the floodplain, outside of the floodway, that on the average is likely to be flooded once every 100 years (i.e., that has a one percent chance of flood occurrence in any one year).
  12. Flood Insurance Rate Map (FIRM): An official map of the County on which the Federal Insurance Study has delineated the Flood Hazard Boundaries and the zones establishing insurance rates that apply to the County.
  13. Flood Insurance Study: A report approved by the Federal Emergency Management Agency. The report contains flood profiles, as well as Flood Boundary and Floodway Map and the water surface elevation of the base flood.
  14. Floodplain: Any land area susceptible to being inundated by water from any source (see definition of flooding).
  15. 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 foot.
  16. Freeboard: The 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 flooding heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.
  17. Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
  18. 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; 
    3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 
    4. Individually listed on a local inventory of historic places in communities with historic preservation program that have been certified either:
      1. By an approved state program as determined by the Secretary of the Interior or 
      2. Directly by the Secretary of the Interior in states without approved programs.
  19. 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 buildings 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 resolution.;
  20. Manufactured Home: A structure, transportable in one 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.
  21. Manufactured Home Park: A parcel or contiguous parcels of land which has been divided into two or more lots for rent or sale.
  22. New Construction: New construction means those structures whose construction or substantial improvement was initiated after the effective date of this resolution.
  23. Principally Above Ground: At least 51 percent of the actual cash value of the structure is above ground.
  24. Special Flood Hazard Area: Land in the floodplain within a community subject to one percent or greater chance of flooding in any given year.
  25. Start of Construction: (for other than new construction or substantial improvements under the Coastal Barrier Resources Act Pub. L. 97-348): Includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural parts of a building, whether or not the alteration affects the external dimensions of the building

    The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footing, the installation of piles, the construction of columns, or any work beyond the state of exaction; or the placement of a manufactured home on a foundation. Permanent construction does not include:
    • land preparation such a clearing,
    • grading and filling; 
    • the installation of streets and/or walkways; 
    • excavation for a basement, footing, piers, or foundations or the erection of temporary forms; 
    • the installation on the property of accessory buildings, such as garages or shed not occupied as dwelling units or not part of the main structure.
  26. Structure: A walled and roofed structure including a gas or liquid storage tank, that is principally above the ground, including buildings, factories, sheds, cabins, manufactured homes, and other similar artifices.
  27. 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 50 percent of the market value of the structure before the damage occurred.
  28. Substantial Improvement: Any reconstruction, rehabilitation, addition or other improvements of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either
    1. 8-48 Douglas County Zoning Regulations Overlay Districts any project for improvement of a structure to correct existing violation 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 strictures continued designation as a historic structure.
  29. Variances: A grant of relief to a person from the requirements of this resolution which permits construction in a manner otherwise prohibited by this resolution where specific enforcement would result in unnecessary hardship.
  30. Violation: A failure of a structure or other development to be fully compliant with the community's floodplain management resolutions.




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