City of Marshfield, MO
Webster County
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Table of Contents
Table of Contents

Section 440.260 Definitions.

[R.O. 2014 §440.260; Ord. No. 986 Art. 8, 8-8-2002]
Unless specifically defined below, works or phrases used in this Chapter shall be interpreted so as to give them the same meaning they have in common usage and to give this Chapter its most reasonable application.
100-YEAR FLOOD
See "BASE FLOOD".
ACCESSORY STRUCTURE
The same as "APPURTENANT STRUCTURE".
ACTUARIAL RATES
See "RISK PREMIUM RATES".
ADMINISTRATOR
The Federal Insurance Administrator.
AGENCY
The Federal Emergency Management Agency (FEMA).
AGRICULTURAL COMMODITIES
Agricultural products and livestock.
AGRICULTURAL STRUCTURE
Any structure used exclusively in connection with the production harvesting, storage, drying or raising of agricultural commodities.
APPEAL
A request for review of the Floodplain Administrator's interpretation of any provision of this Chapter or a request for a variance.
APPURTENANT STRUCTURE
A structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
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 equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BUILDING
See "STRUCTURE".
CHIEF EXECUTIVE OFFICER OR CHIEF ELECTED OFFICIAL
The official of the community who is charged with the authority to implement and administer laws, ordinances and regulations for that community.
COMMUNITY
Any State or area or political subdivision thereof which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
DEVELOPMENT
Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
ELEVATED BUILDING
For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.
ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY
A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
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 effective before that date. "Existing construction" may also be referred to as "existing structures".
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 completed before the effective date of the floodplain management regulations adopted by a community.
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 streets, and either final site grading or the pouring of concrete pads).
FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. 
The overflow of inland; and/or
2. 
The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
FLOODPLAIN OR FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source (See "FLOODING").
FLOODPLAIN MANAGEMENT
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, and floodplain management regulations.
FLOODPROOFING
Any combination of structural and non-structural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
FLOODWAY OR REGULATORY 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 (1) foot.
FUNCTIONALLY DEPENDENT USE
A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers but does not include long-term storage or related manufacturing facilities.
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 programs that have been certified either:
a. 
By an approved State program as determined by the Secretary of the Interior; or
b. 
Directly by the Secretary of the Interior in States without approved programs.
LOWEST FLOOD
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 floodproofing design requirements of this Chapter.
MANUFACTURED HOME
A structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
MAP
The Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Federal Emergency Management Agency (FEMA).
MARKET VALUE OR FAIR MARKET VALUE
An estimate of what is fair, economic, just and equitable value under normal local market conditions.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
NEW CONSTRUCTION
For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lot 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 floodplain management regulations adopted by the community.
NFIP
The National Flood Insurance Program (NFIP).
PARTICIPATING COMMUNITY ALSO KNOWN AS AN ELIGIBLE COMMUNITY
A community in which the Administrator has authorized the sale of flood insurance.
PERSON
Any individual or group of individuals, corporation, partnership, association or any other entity, including Federal, State and local governments and agencies.
PRINCIPALLY ABOVE GROUND
At least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.
RECREATIONAL VEHICLE
A vehicle which is:
1. 
Built on a single chassis;
2. 
Four hundred (400) square feet or less when measured at the largest horizontal projections;
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.
REMEDY A VIOLATION
To bring the structure or other development into compliance with Federal, State or local floodplain management regulations or, if this is not possible, to reduce the impacts of its non-compliance.
RISK PREMIUM RATES
Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.
SEVERABILITY
If any section, clause, provision, or portion of this Chapter is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Chapter shall not be affected thereby.
SPECIAL FLOOD HAZARD AREA
See "AREA OF SPECIAL FOOD HAZARD".
SPECIAL HAZARD AREA
An area having special flood hazards and shown on an FHBM or FIRM as Zones (unnumbered or numbered) A, AO, AE or AH.
START OF CONSTRUCTION
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 improvements were within one hundred eighty (180) days of the permit date. The "actual start" means either the first (1st) placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, 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, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor 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 (1st) alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STATE COORDINATING AGENCY
That agency of the State Government or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.
STRUCTURE
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure", for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground 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
Damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
1. 
Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications that 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 structure's continued designation as a "historic structure".
VARIANCE
A grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.
VIOLATION
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 the elevation certificate, other certifications, or other evidence of compliance required by this Chapter is presumed to be in violation until such time as that documentation is provided.